37-a-1 Private Housing

• Library: A Jailhouse Lawyer's Manual (2020 Edition)

37-A-1. Private Housing

(a) Buying or Renting

If you are trying to buy or rent housing from a private party, your criminal conviction will probably make things more difficult for you. (If you want public housing assistance, see Section 2(a) below.) The federal Fair Housing Act¹ prevents public and private parties from discriminating against potential buyers or renters on the basis of race, color, religion, sex, handicap, familial status, or national origin. However, there is no law that prevents private parties from deciding not to sell or rent to you because of your criminal history. Although there is no law requiring you to report your criminal history when you fill out a rental application, the landlord may ask you to provide this information on the application. Further, your criminal record may show up if your landlord checks your credit history. In addition, a lender will also likely check your credit history before agreeing to give you a mortgage.

The Fair Housing Act also allows landlords to refuse to rent or sell "to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others."² Under this provision, as well as under some state laws, a landlord may decide that your criminal...