Criminal history and tenant screening — when you can refuse an applicant

Answer

Intro: Screening applicants for criminal history is common, but federal law and many local rules limit when landlords can deny a tenant based solely on past offenses. The key question courts and regulators ask is whether a blanket ban creates a discriminatory effect or ignores relevant circumstances about the offense and the applicant.

Main points: Under the Fair Housing Act, policies that disproportionately exclude people of a protected class (race, national origin, etc.) can violate the law even if the policy appears neutral — that’s called a disparate impact. HUD has warned that categorical bans on anyone with a criminal record often trigger disparate-impact concerns; instead HUD recommends an individualized assessment considering the nature and severity of the offense, how long ago it occurred, and any evidence of rehabilitation.

At the same time, some jurisdictions have adopted stronger local rules (often called “fair chance” or “ban the box” housing laws) that limit or delay when landlords may ask about or use criminal-history information — New York City and several states and municipalities have enacted such protections. These local laws can bar blanket criminal-screening practices or require landlords to provide written reasons for denials and a chance to respond.

Practical steps for landlords:

• Create a written screening policy that applies the same standards to every applicant and documents why particular convictions relate to tenancy risk.
• Use individualized review — weigh offense type, time since conviction, and evidence of rehabilitation before denying an applicant.
• If you use consumer or background reports, follow the Fair Credit Reporting Act: obtain consent, give adverse-action notices with the CRA contact, and keep records.
• Check state and local laws (some places prohibit criminal-history inquiries at certain stages or limit which convictions you may consider).

Bottom line: you cannot rely on a one-size-fits-all ban in many places — federal fair-housing rules and growing local “fair chance” laws require careful, documented, and consistent screening. Tenants and landlords are recommended to verify applicable city/state rules, and it’s advisable to consult a licensed attorney or local housing agency before denying an applicant on criminal-history grounds.