Editor’s Note — Updated July 2026: HUD has withdrawn prior FHEO and OGC guidance addressing criminal-record policies. Those documents should no longer be treated as authoritative HUD guidance. The Fair Housing Act remains enforceable, and housing providers should continue applying screening standards fairly, consistently, and in accordance with current law.
Updated April 4, 2026, to reflect the withdrawal of certain Fair Housing guidances
Housing matters. It affects stability, safety, and opportunity. So, if you are applying for housing or renewing a lease, it is important to understand your rights.
Some housing providers use criminal history as part of their screening process. However, screening policies should be clear, consistent, and connected to legitimate housing concerns. When criminal record policies are vague, overly broad, or applied differently from one person to another, those practices can raise fair housing concerns.
Criminal Record Policies Should Be Clear and Fair
Housing providers should be able to explain their screening standards in a clear way. Applicants should understand what information may be considered and how decisions are made.
Problems can arise when a provider says one thing but does another. For example, a provider may claim that no applicants with criminal records are accepted, but then make exceptions for some people and not others. When similar applicants are treated differently, that may raise concerns about whether the policy is being applied fairly.
Consistency matters. So does documentation. If a housing provider cannot explain why one applicant was denied and another was approved under similar circumstances, that is a red flag.
Unfair Treatment Can Be a Warning Sign
The Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability. A criminal record policy may create concerns if it is enforced in a way that treats people differently because of one of these protected characteristics.
For example, unfair treatment may be a concern if:
- a provider applies stricter screening to one group than another,
- a provider gives one applicant a chance to explain their history but denies that chance to someone else,
- or a provider relies on broad assumptions instead of looking at the actual facts.
A fair screening process should be understandable, consistent, and based on legitimate factors. Housing providers should avoid making decisions that seem arbitrary or uneven.
What to Do If You Recognize Housing Discrimination
If you believe a housing provider used criminal record screening unfairly, take a few practical steps.
Ask for a written explanation of the decision and any screening policy that applies. Keep copies of emails, letters, notices, and application materials. Write down what happened, including dates, names, and statements that may help explain the situation.
If you believe you were treated differently from other applicants, document those details as well. Clear records can help if you decide to file a complaint.
You may also file a fair housing complaint with HUD or with a local fair housing agency. In some cases, you may wish to speak with a fair housing organization or attorney about your options.
Know Your Rights
You have the right to fair treatment in housing. A criminal record does not erase that right. Housing providers must still follow fair housing law and avoid discriminatory treatment.
If something feels inconsistent, unclear, or unfair, ask questions and keep records. Understanding your rights is an important step toward protecting access to safe and stable housing.
