Cell Block 123…Main St

This month the US Department of Housing and Urban Development told landlords across the country that a snobbish attitude towards criminal applicants will result in an legal butt whuppin, courtesy of HUD’s attorneys.

HUD’s General Guidance, published this month, informs landlords that it’s illegal to automatically deny all convicts.  HUD’s reasoning is that it’s racially discriminatory, even if that’s NOT the landlord’s intent.

Across the United States, African Americans and Hispanics are arrested, convicted and incarcerated at rates disproportionate to their share of the general population. Consequently, criminal records-based barriers to housing are likely to have a disproportionate impact on minority home seekers. While having a criminal record is not a protected characteristic under the Fair Housing Act, criminal history-based restrictions on housing opportunities violate the Act if, without justification, their burden falls more often on renters or other housing market participants of one race or national origin over another….
A housing provider violates the Fair Housing Act when the provider’s policy or practice has an unjustified discriminatory effect, even when the provider had no intent to discriminate.

What’s the takeaway?

#1. If you’re a landlord that insists on filling your apartment complexes with tenants of spotless repute and nothing less, you may be headed for a lawsuit.

#2. If you’re a landlord without a competent licensed manager, you may be headed for a lawsuit.  Being a landlord is tough.  We can help.