A criminal record isn't a protected class
Federal fair housing law protects against discrimination because of race, color, religion, sex, disability, familial status, or national origin. Having a criminal record isn't on that list, so a landlord denying you specifically because of a conviction isn't, by itself, illegal under federal law the way denying you because of your religion or race would be.
That means a landlord can generally ask about criminal history, run a background check, and set a policy about what kinds of records disqualify an applicant.
Where a criminal-history policy can still violate fair housing law
The federal regulation on how the Fair Housing Act applies to practices with a discriminatory effect says that a policy can violate the Act based on its actual or predictable effect on a protected group — even without any intent to discriminate — unless the practice is necessary to serve a substantial, legitimate interest that couldn't be achieved a less discriminatory way. Applied to criminal-history screening, this means a blanket policy — for example, denying anyone with any arrest or conviction, regardless of what it was for or how long ago — is more likely to be challenged than a narrower policy that looks at the type of offense, how much time has passed, and whether it's relevant to being a tenant.
HUD's lawyers issued guidance in 2016 on how this framework applies to criminal-history screening, and in 2022 HUD's fair housing office issued two documents applying it. On September 17, 2025, that office withdrew both 2022 documents, said they should not be relied on, and said it would deprioritize enforcement against landlords whose conduct does not match the withdrawn guidance. Its withdrawal notice does not list the 2016 guidance. What has not changed is the law itself: the Fair Housing Act and the discriminatory-effect regulation are still in force, and a renter can still bring a claim under them.
State and local law may go further
A number of states and cities have passed their own laws limiting how and when a landlord can ask about or use criminal history — commonly grouped under "fair chance" or "ban the box" housing laws. What's actually restricted, and for what kinds of records, varies significantly by location, so check your own state and city's law rather than assuming a specific rule applies everywhere.
How a criminal background check for housing actually works
Most landlords don't pull your criminal history themselves — they use a tenant-screening company that compiles records from court databases, state repositories, and sometimes county-level sources. Because these databases don't always sync in real time, they can be incomplete, outdated, or attach the wrong record to your name, especially for common names. That's a separate problem from the legal standard for whether denying you was lawful — it's a data-accuracy issue, and it's one you have a specific right to challenge.
Say a background check for a rental application shows a charge that was later dismissed, or a record that was legally expunged in your state. Under federal consumer reporting law, you can dispute that entry with the reporting agency, which then has to investigate and correct or remove information it can't verify. That's worth doing regardless of whether the landlord's broader policy is defensible, because a corrected report can change the outcome of your very next application.
What to do if you're denied
- Ask for the specific reason for the denial — if it's based on a background check, you're entitled to the reporting agency's name and a free copy of the report under federal consumer reporting law
- Check the report for accuracy — sealed, expunged, or dismissed cases sometimes show up on background checks in error
- If your state or city has a fair-chance housing law, check whether the landlord followed the process it requires (such as an individualized review) before denying you
- If you believe a blanket policy screened you out unfairly, you can raise it with HUD or your state or local fair housing agency
Once you're past screening
If you're approved and move forward, Honestkey™ can review your lease and flag clauses and fees that may not match your state's tenant protections — separate from, but just as important as, the screening process you already got through.