Housing discrimination based on criminal or background record
LIST Code: HO-01-12-00-00
LIST Code
HO-01-12-00-00
Title
Housing discrimination based on criminal or background record
Definition
This category covers situations when a person is denied a rental, removed from a housing waitlist, or evicted because of their criminal record, arrest history, or background check results. It includes what rights a renter has if a landlord uses a background check to deny them housing, whether the landlord followed proper screening procedures, and when a blanket policy of rejecting all applicants with criminal records may violate fair housing laws (including as a form of racial discrimination under disparate impact theory). It also covers "fair chance housing" or "ban the box" laws in certain states and cities that limit when and how landlords can consider criminal history. This category includes what a person can do if they believe a denial was based on inaccurate background check information, and how to challenge a screening company's report. It also covers denials based on eviction records or other negative rental history.