Tenant Background Checks and Fair Housing Violations

[Denise Evans]

HUD recently announced that relying on arrests (without convictions) for tenant screening violates the Fair Housing laws. Also, relying on convictions as an automatic disqualifier violates the Fair Housing laws. Screening needs to be more targeted, and be capable of showing an actual connection between the type and age of conviction and the harm to be avoided by the landlord, such as credit risk, damage to property, or danger to other tenants. I'm thinking the insurance companies who write Fair Housing riders to E&O policies probably have some guidance on these issues. Has anyone received any communications from their insurance companies with helpful hints?

By the way, HUD does concede that we can automatically deny housing to people with convictions for drug manufacture or distribution, but not for simple possession. Good to know that we at least have that one safe harbor.  An older HUD memorandum says we can deny housing if someone is on the Sex Offender Registry.