Fair Housing

People with criminal records often face significant barriers in securing housing. Landlords may require criminal background checks as part of the housing application and approval process, but they must conduct these checks consistently and ensure the process complies with fair housing laws.

As a best practice, landlords should avoid blanket bans in which they refuse to rent to anyone with a criminal record. Instead, landlords should carefully consider the following criteria:

• Individual circumstances, on a case-by-case basis
• Nature and severity of the conviction
• Length of time since the conviction
• Evidence of rehabilitation
• Facts and evidence.

Avoid relying on arrest records that did not result in a conviction.

Applicants who are denied housing due to their criminal background check should consider requesting:

• The reason for the denial in writing
• A copy of the criminal background report used in the denial
• An appeal that considers factors related to the conviction or since the conviction, as well as other factors that support why they would be a good tenant

The Fair Housing Project with Legal Aid of North Carolina published a guide to help applicants and housing providers understand their rights and responsibilities when renting with a criminal background. The guide can be found here: Renting-with-a-Criminal-Background-A-Fair-Housing-Guide_Final.pdf.