On April 4, 2016, the U.S. Department of Housing and Urban Development, Office of General Counsel, issued its Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions.
The Guidance, which strongly resembles the April 25, 2012 EEOC Enforcement Guidance to Employers on the Use of Criminal Records, advises that refusing to rent to people just because they have criminal convictions — and for no other reason – is a violation of the Fair Housing Act.Landlords who refuse to rent to ex-convicts might not intend to discriminate, but intent is not an issue.
Landlords may not have a Blanket Ban policy, which automatically excludes individuals with certain types of convictions.
Instead,HUD’s Guidance strongly recommends application of the so called “Green Factors”, stressing that landlords review each case on an individual basis and consider the nature of the crime, the severity of the crime and when it occurred.
This Guidance insists that Providers of Housing find out “exactly who is this applicant….TODAY!
It is imperative that Housing Providers implementIndividualized Assessments and utilize a Criminal Records Matrix.POE has done so and is working with our Property Owner/Manager clients, creating an appropriate Matrix and establishing Individualized Assessment criteria.
It is also imperative that Housing Providers NOT view or factor ARREST RECORDS.
You mustinsist that your consumer reporting agency not include arrest records or raw data from criminal records data bases in its final report to you.
If you want assistance with your Individualized Assessment and Criminal Records Matrix, POE would love to be of help. POEknows!