Monday, April 18, 2016

HUD Seeks to End Discrimination Against Tenants with Criminal Records

by Evan L. Loeffler, Esq.

The U.S. Department of Housing and Urban Development (HUD) published guidelines in April 2016 for the proper consideration of applicants' criminal records when considering them for housing. HUD notes that because a disproportionate amount of people with criminal records are minorities, a blanket policy of refusing to rent to anyone with a criminal history may violate the Fair Housing Act.

The memo is not law in itself, but it interprets how the law may apply to certain situations. As with any new guideline, the legal ramifications will develop on a case-by-case basis as matters are heard in court and the guidance is considered.

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