The End of the Lookback Era? Understanding HUD’s New Stance on Criminal History

Jan 13	01:00 PM ET / 12:00 PM CT / 11:00 AM MT / 10:00 AM PT
	Duration: 60 minutes	Speaker: Doug Chasick

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ABOUT THE EVENT

Given the recent "deregulation" moves by HUD in November, (specifically the rescission of notices like PIH 2015-19 and the withdrawal of the prior Office of General Counsel guidance on criminal records), the landscape has shifted. Apartment managers are likely asking: "Can we go back to our old screening policies?" and "Are we still at risk of disparate impact lawsuits?"

For nearly a decade, apartment managers have operated under a microscope. Since 2016, HUD’s message on criminal background screening was clear: Shorten your lookback periods, ban the use of arrest records, and conduct burdensome individualized assessments for every denial. You were told that prioritizing safety could be interpreted as discrimination.

That era ended last month.

In a stunning reversal, HUD has officially rescinded the landmark 2016 Office of General Counsel Guidance on Criminal Records and Notice PIH 2015-19. The agency has signaled a return to "law and order," explicitly encouraging housing providers to use the full extent of the law to screen out threats to community safety.

But before you rush to rewrite your Tenant Selection Plan to include "Zero Tolerance" policies, you need to hear the warning bells that aren't in the press release.

This webinar is your emergency briefing on how to navigate this chaotic new regulatory gap. We will explain why the "deregulation" might actually increase your risk of a private lawsuit if you aren't careful.

Areas Covered

The Myth of "Unlimited" Screening: Why expanding your lookback period to 20 years might clear HUD compliance but land you in federal court for Disparate Impact.
The "Recidivism" Data: We will show you the actual stats on when a criminal record stops predicting future behavior—and how to align your new policy with this data to bulletproof your defense.
The Dangerous Return of Arrest Records? One of the most shocking aspects of the 2025 Rescission is the withdrawal of Notice PIH 2015-19, which famously stated that "arrest records are not proof of criminal conduct.
Disparate Impact is Still an Issue! How to write a policy that is strict on crime but neutral on race; Why "Automatic Denials" are still your enemy; and how to keep the "Individualized Assessment" process but streamline it so it doesn't crush your leasing team.

Learning Objectives

Analyze the 2025 Rescission Notices: Breakdown exactly which documents HUD withdrew and what their removal legally permits housing providers to do.
Define the New "One Strike" Reality: Understand HUD’s renewed emphasis on safety, "law and order," and the return to stricter enforcement of lease violations related to criminal activity.
Evaluate "Lookback" Periods: Determine if you can legally extend your screening lookback periods (e.g., from 3 years back to 7 or 10 years) without triggering an automatic fair housing violation.
Distinguish Between "Rescinded" and "Legal": Learn why HUD’s withdrawal of guidance does not grant immunity from private discrimination lawsuits or DOJ enforcement under the Fair Housing Act.
Assess Disparate Impact Risks: Identify why "blanket bans" on criminal history are still dangerous, even without the 2016 HUD memo, based on recent court precedents.
Re-calibrating Individualized Assessments: Clarify whether the administrative burden of "individualized assessment" is still required, or if you can return to a matrix-based denial system.
Arrest Records vs. Convictions: Re-examine the use of arrest records in screening—now that the ban on their use has been formally rescinded—and the specific evidentiary standards required to use them safely.
Update the Tenant Selection Plan (TSP): A review of which sections of your TSP policies need immediate language updates
Navigate State vs. Federal Conflict: Learn how to handle "Fair Chance" ordinances in states like NY, CA, and IL that still strictly limit criminal screening, despite the federal deregulation.
Drafting Defensible Denial Letters: Best practices for writing denial letters that reference the new HUD safety protocols while protecting against discrimination claims.

Who Should Attend

Community Manager/Director, Multi-site Manager (Area, Regional), Leasing Managers, Training, HR, and Compliance Professionals.

Handouts & Reference Material

A PDF copy of the presentation will be available for download.

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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