Housing Challenges
with a Criminal Record

A criminal record can create significant barriers to securing stable and affordable housing. Landlords and property management companies often conduct background checks as part of the rental application process, and a criminal history may result in a denied application. Understanding the challenges and potential solutions can help individuals with criminal records find housing that meets their needs.

Legal Protections for Ex-Offenders Seeking Housing

While landlords have the right to screen potential tenants, certain legal protections exist to prevent unfair discrimination against individuals with criminal records. The Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability. Though the Act does not explicitly protect against criminal record discrimination, it may still provide some protection if the landlord's screening policies disproportionately affect a protected class.

The Role of Public Housing and Housing Authorities

Public housing, administered by local housing authorities, provides an essential safety net for low-income individuals and families, including those with criminal records. While the Department of Housing and Urban Development (HUD) does impose some restrictions on eligibility, many ex-offenders may still qualify for public housing. It is essential to review the specific policies of the local housing authority and consider appealing any denials based on criminal history.

Alternative Housing Options for Ex-Offenders

If traditional rental applications prove challenging, individuals with criminal records may consider alternative housing options. These may include renting from private landlords who may not require background checks, finding a roommate with a clean record to sign the lease, or seeking transitional or halfway housing designed specifically for ex-offenders. Networking with local support groups, reentry programs, and social service agencies can help locate these alternative housing opportunities.

Mitigating Factors to Improve Housing Chances

Providing mitigating factors can help improve the chances of securing housing despite a criminal record. Examples include presenting proof of employment or stable income, providing character references from employers or community members, and highlighting any rehabilitation programs completed. Additionally, demonstrating a period of time without any new criminal activity can help show that the applicant is a responsible and trustworthy tenant.

Expungement and Record Sealing: Potential Solutions

Expungement or sealing of a criminal record can make it easier for individuals to find housing by removing or limiting access to their criminal history. It is essential to understand the specific laws and eligibility requirements in the relevant jurisdiction, as they vary widely. Felons should seek assistance from expungement lawyers experienced in expungement or record sealing to see if their record qualifies for this program.

Advocacy and Support for Housing Rights

Nonprofit organizations and advocacy groups work to promote fair housing policies and support individuals with criminal records in finding stable housing. These organizations may offer resources, legal assistance, and guidance to help navigate the complex housing landscape. Connecting with these groups can provide valuable support and information.