HUD Rescinded Criminal Records Guidance: What Housing Providers Should Do Now (Updated Version)

HUD's withdrawal of its previous criminal-record screening guidance has left many housing providers reassessing their applicant-screening policies. Can a property extend its criminal-history lookback period? How should arrest records be handled? Are automatic denials permissible? And what safeguards remain necessary under fair housing laws?

In this practical 60-minute session, Doug Chasick will help housing professionals understand the distinction between withdrawn HUD guidance and the legal requirements that continue to govern tenant screening. Through real-world scenarios, participants will examine criminal-history screening policies, individualized review, documentation, and the potential fair housing implications of screening decisions.

The session will focus on helping housing providers develop consistent, well-documented screening procedures while balancing resident safety, program requirements, and applicable non-discrimination laws.

Areas Covered

• What HUD withdrew—and what requirements remain
• Arrests, convictions, lookback periods, and automatic denials
• Fair Housing Act considerations and disparate-impact concerns
• Reviewing and updating tenant-selection policies
• Case studies: approve, deny, or investigate further?
• Key takeaways and audience questions

Learning objectives

Attendees will learn how to:

• Identify which criminal-screening requirements apply to their housing program.
• Distinguish mandatory federal exclusions from discretionary screening decisions.
• Evaluate criminal-history policies for potential fair housing concerns.
• Improve documentation and denial procedures.
• Identify when state or local screening laws impose additional restrictions.

Who Should Attend

Affordable housing property managers, regional managers, leasing professionals, compliance officers, owners, and tenant-selection personnel.

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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