Criminal Background Checks for Tenants: What Landlords Need to Know
June 28, 2024Criminal background checks are a standard part of tenant screening, but they carry more Fair Housing risk than income or credit checks — HUD guidance has specifically flagged blanket criminal history bans as potentially having a disparate impact on protected classes. That doesn't mean you can't screen for criminal history; it means how you apply it matters.
What a criminal background check typically covers
National and county-level criminal record searches are standard in most screening reports, though exactly what shows up depends on the provider and jurisdiction — some records (juvenile records, expunged records, arrests that didn't lead to conviction) are restricted from being reported in many states.
Individualized assessment over blanket bans
HUD's 2016 guidance on criminal records in housing decisions recommends landlords, if they consider criminal history, look at:
- • The nature and severity of the offense
- • How much time has passed since the offense or release
- • Relevance to tenancy — e.g., a conviction related to property damage or violence toward others is more directly relevant than an unrelated, older offense
Check state and local law
A number of states and cities have their own "fair chance housing" laws that go further than federal guidance — restricting when criminal history can be asked about, or barring it from consideration for certain older or lower-level offenses entirely. Check your specific state and city's rules before finalizing a criminal history policy, since this is an area where local law varies significantly.
Frequently Asked Questions
Can I automatically reject anyone with a criminal record?
A blanket ban is legally risky under HUD guidance and, in some states and cities, outright prohibited. An individualized assessment considering the offense, its relevance to tenancy, and time elapsed is the safer approach.
Do arrest records show up on background checks?
Policy and law vary — some screening providers and states exclude arrests that didn't lead to conviction from consumer reports, since an arrest alone isn't evidence of guilt.
Should my criminal history policy be in writing?
Yes — a written policy, applied the same way to every applicant, is what demonstrates you're not discriminating on a case-by-case basis.