The Fair Housing Act and Criminal Background Checks: What Housing Providers and Case Managers Need to Know

2023

The Fair Housing Act (FHA) is a federal law that addresses some forms of discrimination, but does not explicitly protect people who have criminal records and are regularly subjected to overly broad criminal background checks that lead to housing denials. Although people with criminal records are not a protected class under the FHA, the Department of Housing and Urban Development (HUD) has issued guidance regarding when the use of criminal background checks in housing decisions may violate the FHA. This guide provides an overview of what housing and service providers should know about the FHA and criminal background checks so that they can comply as housing providers and help ensure the rights of their clients are not violated when they seek housing.