What Are the Laws on Felons Renting an Apartment?

What Are the Laws on Felons Renting an Apartment? thumbnail
Felons are not protected under the Fair Housing Act.

The Federal Fair Housing Act offers protection to certain classes of citizens, but being a felon is not one of the protected classes. Since landlords have the right to deny renting to persons they think may be a risk to the health or safety of other renters, they can legally deny housing based on criminal background.

  1. The Fair Housing Act

    • The Fair Housing Act (Title VIII of the Civil Rights Act of 1968) prohibits discrimination in housing transactions including sales, rentals, and home financing based on race, color, national origin, religion, sex, disability or family status, including the presence of children under 18 years of age. A criminal background is not protected under this law.

    Sex Offenders

    • Each state has different laws regarding the residency of released sex offenders. According to "USA Today," besides requirements to register as a sex offender, many states have laws prohibiting offenders from living within a certain distance of a school or day care center. Some states require offenders to notify all neighbors when they move into a neighborhood.

    Considerations

    • Although landlords may deny a rental to a felon, they do not legally have to do so. They may have to follow a company policy on this issue. Some landlords do not require credit or background checks, especially on smaller properties. Alternatively, an applicant can disclose the felony, answer any questions the potential landlord may have and hope the landlord will decide in their favor.

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