QUESTION: As a property manager, I just ran a reference check on a rental applicant. The applicant has a scary arrest record with convictions–for assault, rape and drug use. Clearly, I’d rather not rent to him, but if I don’t, will I run afoul of fair housing laws? Is it possible that I have to rent to him if he meets all of my other screening criteria?
ANSWER: Fortunately for you and your other tenants, no. In a recent case before the U.S. 7th Circuit Court of Appeals regarding the rental of apartment units to potential tenants with criminal records, the court looked at provisions of the Federal Fair Housing Act. Because ex-convicts are not included in such protected categories as race, color, sex and religion, a property owner or manager may consider criminal records as a rental criteria.
However, the court also ruled that a landlord’s discretion is not without limitations. Owners and managers can refuse to rent only to those whose records involve crimes against property or people, meaning those who could pose a health or safety risk to other tenants or whose tenancy could result in substantial property damage. The ex-felon whose application you have is one you can legally turn down. If you are still concerned about any repercussions from rejecting this person, talk with your legal adviser or contact your local fair housing program
