HUD Rescinded Criminal Records Guidance - Now What?

HUD recently rescinded key guidance on criminal background screening, including the 2016 Office of General Counsel memo and Notice PIH 2015-19, leaving many housing providers wondering what the rules are now. Can you expand the lookback periods? Can arrest records be used again? Are “zero tolerance” policies allowed? Most importantly, has the risk of Fair Housing violations really gone away?

This webinar provides a clear, practical briefing on what HUD’s recent deregulation actually means and why the removal of prior guidance does not eliminate the risk of disparate impact claims, private lawsuits, or Fair Housing Act enforcement. You will learn how to update your screening policies safely, avoid common compliance mistakes, and balance community safety with legal requirements.

The session will also explain how courts may still evaluate criminal history policies, why blanket denials remain risky, how to handle arrest records carefully, and what changes may be needed in your Tenant Selection Plan to stay defensible under the new regulatory landscape.

Areas Covered

• What HUD officially rescinded in 2025 and what those changes really mean for housing providers
• Why the removal of guidance does not eliminate Fair Housing Act liability
• How expanding lookback periods can increase disparate impact risk
• When criminal history stops predicting future behavior, and how to use recidivism data in policy writing
• The risks of using arrest records after the withdrawal of PIH 2015-19
• Why automatic denials and blanket bans can still trigger discrimination claims
• How to streamline individualized assessments without increasing legal exposure
• Updating Tenant Selection Plans to reflect the new HUD position
• Managing conflicts between federal changes and state or local “Fair Chance” laws
• Writing defensible denial letters under the new enforcement environment

Learning Objectives

• Analyze the 2025 HUD rescission notices and identify what guidance was withdrawn
• Explain what housing providers are now permitted to do — and what still carries legal risk
• Evaluate appropriate criminal history lookback periods using current data and court trends
• Distinguish between HUD guidance withdrawal and actual Fair Housing Act requirements
• Identify policies that may create disparate impact even without prior HUD memos
• Determine when individualized assessments are still necessary
• Understand the legal differences between arrest records and convictions in screening decisions
• Update Tenant Selection Plan language to reflect current HUD policy
• Recognize conflicts between federal changes and state or local screening restrictions
• Apply best practices for denial notices that reduce discrimination risk

Who Should Attend

Community Managers, Property Managers, Regional Managers, Multi-Site Managers, Leasing Managers, Compliance Professionals, Training Staff, HR Professionals, and Housing Directors responsible for tenant screening, policy development, or Fair Housing compliance.

Speaker(s)

Doug Chasick

Doug Chasick, CPM®, CAPS, Adv. RAM, SLE, That Fair Housing Guy™, is the former President of the Fair Housing Institute, Inc. With more than 46 years of investment real estate experience, he began as the Resident Manager of a 524-unit apartment property and has been the President or CEO of five real estate companies, responsible for portfolios of over 28,000 apartments. Doug was awarded his CPM® in 1979 and was a member of the IREM National Faculty for eight years. A Senior Instructor member of the NAAEI Faculty, he leads the Advanced Facilitator Training course, is the co-author of “Outstanding Facilitation Techniques”, and a co-author of the joint IREM & NAAEI “Fair Housing and Beyond” course. He is a licensed Real Estate Broker in Florida, a licensed Expert Fair Housing Instructor in the Commonwealth of Virginia, and the recipient of the NAAEI Apartment Career & Education award.

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