HUD’s Office of Fair Housing and Equal Opportunity issued new guidance in April on the Fair Housing Act’s application to tenant screening practices. The Guidance discusses how housing providers and companies that offer tenant screening services can screen applicants for rental housing in a nondiscriminatory way and recommends best practices for complying with the Fair …
criminal background
New Resource: Renting with a Criminal Background – A Fair Housing Guide
Individuals with criminal histories face barriers to obtaining and maintaining housing because of their criminal record. The FHA applies to housing policies and practices to screen, deny housing, deny lease renewal, evict, or otherwise exclude people from housing because of a criminal background. Legal Aid of North Carolina is pleased to announce a new resource: Renting with …
HUD FHEO Guidance on Application of the Fair Housing Act to the Screening of Applicants for Rental Housing (April 29, 2024)
New Resource: Renting with a Criminal Background – A Fair Housing Guide
Update: In September 2025, HUD rescinded 2016 and 2022 guidance referenced in these materials. As always, a person seeking legal advice about the applicability of the law to your situation should consult with an attorney. Legal Aid of North Carolina is pleased to announce a new resource: Renting with a Criminal Background – A Fair …
Property Management Company Settles Housing Discrimination Case Involving Overly Broad Criminal History Exclusion Policy
Legal Aid of North Carolina recently announced it had settled a housing discrimination complaint filed with the North Carolina Human Relations Commission on behalf of an individual who was denied rental housing due to a criminal background screening policy. The complaint alleged that the apartment community, based on its criminal history policy, unlawfully rejected the …
HUD Gives Further Guidance on Criminal Background Screening
On June 10, 2022, Demetria L. McCain, Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity (“FHEO”) issued a memorandum… Read More
High Point Housing Authority Settles Discrimination Case; Compensates Tenant Rejected because of Criminal Arrests and Agrees to Adopt Fair Criminal History Policy for All Tenant Applicants
Legal Aid of North Carolina recently settled a housing discrimination complaint against the High Point Housing Authority (HPHA), a public housing authority located in High Point, North Carolina. The complaint was filed with the NC Human Relations Commission (NCHRC) by a 55-year-old Black female whose application for a Section 8 Housing Choice Voucher was improperly …
HUD to Review Program Policies, Regulations, and Sub-Regulatory Documents to Eliminate Barriers that Unnecessarily Prevent Individuals with Criminal Histories from Participating in HUD Programs
On April 12, 2022, Secretary Fudge issued a Memorandum recognizing that individuals with criminal histories often face barriers to obtaining and maintaining housing, including public housing, HUD-assisted housing, and HUD-insured housing. The Memorandum also recognized that individuals with criminal histories are also disproportionately racial minorities or people with disabilities. As a result, Secretary Fudge issued …
Court Upholds Seattle, WA, “Fair Chance” Housing Law Prohibiting Criminal History Screening
On July 6, 2021, a federal court upheld the City of Seattle’s Fair Chance Housing Ordinance. See Yim v. City of Seattle, 2021 WL 2805377 (W.D. Wash. July 6, 2021). The ordinance prohibits housing providers from taking an adverse action against a prospective occupant, tenant, or household member based on any arrest record, conviction record, …
Housing complex settles discrimination case, adopts fair criminal history policy for tenant applicants
On March 29, 2021, Legal Aid of North Carolina announced that it had settled a housing discrimination complaint against Cypress Grove Apartments, a multifamily housing complex located in Wilmington, North Carolina. Legal Aid’s Fair Housing Project filed the complaint on behalf of a 64-year-old tenant whose rental application was denied because of Cypress Grove’s criminal …