Fair Housing update: HUD warns landlords about criminal records
On April 4, 2016, the Department of Housing and Urban Development (HUD) issued a document titled “Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions." The document sets forth guidance for landlords (and agents representing landlords) prohibiting policies or practices that restrict access to housing on the basis of a tenant’s criminal history. It should be noted that this does not make individuals with criminal records a protected class, rather it prohibits the policy of refusing housing to anyone with a criminal record. Furthermore, it requires landlords to look at criminal convictions on a case-by-case basis taking a number of factors under consideration. Landlords are also not required to accept every individual that has a criminal record.
NYSAR and NAR have each published educational pieces to help assist members in understanding the new HUD policy. See below link
