BLOGS

Criminal Background Checks & Fair Housing

Refusing to rent to anyone with a criminal record can get you into trouble under the Fair Housing Act (FHA). Blanket bans often lead to discrimination claims, so it’s much safer to look at applicants on a case-by-case basis.

One of my best tenants had a disorderly conduct conviction from getting into a fight over a girl years ago. Looking back, he joked that she wasn’t even worth the trouble!

That one past incident aside, he was fantastic. He took immaculate care of the property, paid rent on time, and was completely hassle-free. It was a solid lesson that a criminal record doesn’t tell you everything about who someone is today.

When faced with evidence of a criminal record, here is what you should keep in mind:

  • Focus on the facts: Base decisions on the exact crime, how serious it was, and how long ago it happened—not on gut feelings.
  • Arrests aren’t convictions: You can’t reject someone just because they were arrested. An arrest doesn’t mean they actually did anything wrong.
  • Look at the big picture: Take into account how old the applicant was at the time, how much time has passed, and whether they have good rental history since then.
  • Check local laws: Many states and cities have strict “Fair Chance” housing laws that limit when and how you can look into someone’s background. Double-check your local rules before running a check

Leave a Reply