Recognizing Housing Discrimination: Your Rights and Criminal Record Policies
Posted On: September 19, 2024
Housing is a critical need. Whether you are applying for an apartment or renewing a lease, it is important to understand your rights. Many housing providers use criminal record policies to screen applicants, but when these policies are unclear or inconsistently applied, they may violate your rights under the Fair Housing Act. Let’s explore how to recognize housing discrimination involving criminal record screening.
Criminal Record Policies Should Be Clear and Fair
If you are denied housing based on your criminal record, the housing provider must clearly explain their policy. They must make the written policy available to all applicants. If a provider applies one set of standards to specific groups and different standards to others, this could be considered illegal discrimination.
Criminal Record Policies Should Be Clear, Fair, and Applied Consistently
Discrimination Can Happen When Policies Are Inconsistent
A landlord may say they don’t rent to anyone with a criminal record, but if they apply this policy inconsistently—allowing some applicants with records to rent while denying others—this could be a sign of discriminatory intent. For example, if two applicants with similar records are treated differently based on race, ethnicity, or disability, the housing provider may violate the Fair Housing Act.
To avoid discrimination, housing providers should conduct an individualized review of each applicant’s record, considering factors like the offense’s severity and how much time has passed.
What to Do If You Recognize Housing Discrimination
If you suspect a housing provider is using criminal record policies in a discriminatory way, you can take action:
Ask the provider for a written explanation of their policy.
Document any inconsistent treatment between you and other applicants.
Knowing your rights can help ensure that all housing applicants are treated fairly, regardless of their criminal history. Discrimination is illegal, and no one should be unfairly denied access to housing due to poorly applied or unclear policies.
Know Your Rights
Remember, the Fair Housing Act protects you from discrimination. You have the right to fair treatment when applying for housing. If you believe a housing provider has violated your rights, don’t hesitate to report it. Everyone deserves access to a safe and stable home, free from discrimination.
