The U.S. Department of Housing and Urban Development (HUD) released new guidance to help public housing agencies (PHAs) and their designated housing agencies (DHAs) implement fair housing laws, prohibit discrimination on the basis of criminal history during the assessment of individuals applying for housing, and provide guidance on how to best exclude individuals with criminal convictions.
The new guidelines encourage HUD staff to consider an applicant’s criminal history when deciding whether to approve or deny a housing assistance application. The guidelines also include recommendations for how to report criminal history information to applicants, as well as steps to take when an individual is arrested.
Introduction To HUD Guidance On Criminal Background Checks
The Fair Housing Act (FHA) provides that public and private entities must provide equal housing opportunities to all persons regardless of race, creed, color, religion, sex, familial status, or national origin. In addition, the FHA provides protections against discrimination in housing based on marital status and disability.
The Department of Housing and Urban Development recently issued guidance for considering criminal history when considering housing applicants. According to HUD, criminal background checks are a standard part of the housing application process, but more often than not, they lack sufficient information to evaluate an application.
The Fair Housing Act and the Americans with Disabilities Act make it unlawful for a landlord to deny housing to a person or group of persons because of a criminal record, which includes arrests and convictions, and also includes juvenile court actions, such as adjudications of delinquency, including juvenile adjudications of delinquency, expunged convictions, and juvenile court
In the guidance, HUD gives tips on how to understand a specific individual’s conviction history and assists programs in making decisions regarding the likelihood of a past conviction. The guidance cites a number of research studies and existing policies in order to provide a thorough explanation of the issue.
HUD guidance ensures that criminal background checks are conducted in a manner that:
accurately and fairly identifies all individuals who pose a risk to public safety; and
is consistent with the Fair Credit Reporting Act (FCRA).
Specifically, this guidance:
- requires certain persons to submit a written request to receive a Consumer Report;
- establishes a timeframe for the HUD Secretary to approve such request; and
- establishes a timeframe for HUD to conduct background checks after approving such a request.
Takeaway
Criminal background discrimination has been a longstanding, intractable problem for people. HUD’s new guidance can ensure that criminal background checks do not unfairly discriminate against certain applicants. The new guidance should help eliminate disparate treatment and make the background screening process fairer and more effective. If you have any questions, please attend Compliance Prime webinars.
