Schedule a free consultation

630-717-7801

Can Landlords Deny Housing to Those with a Criminal Conviction?

Can Landlords Deny Housing to Those with a Criminal Conviction?

 Posted on December 10, 2024 in Criminal Law

IL defense lawyerCriminal background checks are now routinely used to screen job applicants, enrollees in colleges and universities, and for housing. Unfortunately, these criminal background checks can create a barrier to housing access, even when the charges are dismissed or the individual has paid the penalties for a conviction. This can make it difficult for those with a criminal history to obtain housing, which in turn contributes to increased rates of recidivism.  

The U.S. Department of Housing and Urban Development (HUD) released "guidance" for housing providers in 2016, cautioning against illegal discrimination for those with criminal histories, revisiting the issue in 2022. Today, rising rents and stagnant wages contribute to unaffordable housing or even homelessness. Low-income individuals who also have criminal records face additional barriers, including deficits in employment and poor credit.

Some areas of Illinois have passed laws, like the Just Housing Amendment in Cook County, that prohibit landlords from discriminating against potential tenants based on a criminal record. If you are a landlord needing representation after being accused of discrimination, are facing landlord evictions, or just need guidance on choosing renters while staying within the law, it can be helpful to discuss the issue with a Naperville, IL landlord representation attorney from Appelman Law LLC.    

When Can a Criminal Conviction Affect a Rental?

While the exact language varies from county to county, it is generally illegal to deny housing to most people with criminal convictions, with a few exceptions. A housing application cannot be blanketly denied because of a criminal record. In many cases, the consideration of the applicant’s criminal history is limited, and landlords must perform an individualized assessment before denying housing because of a criminal record.

The exceptions to these rules are for applicants with a sexual offense conviction that requires them to register with the sexual offender registry or those who are restricted on where they can live because of a past sex offense. Juvenile records should not be considered, nor should arrests or dismissed charges that did not result in a conviction. Sealed or expunged records should not be given weight, nor should participation in a diversion or deferral of judgment program.

What Are Landlord Responsibilities for Applicants with a Criminal Record?

Landlords must provide applicants with information that details how tenants are selected. If criminal convictions are a consideration, the assessment must be related to the protection of other tenants or the property. Decisions regarding renting to a person with a criminal record cannot be based on common stereotypes about those with criminal records. If the landlord does not intend to rent to those with past sexual offense convictions or those required to register as sex offenders, this policy should be stated by the landlord when accepting applications.

A landlord may not ask a prospective tenant about his or her criminal record during prequalification for a rental. The landlord must determine whether to allow the prospective renter to move past prequalification based on such issues as employment, income, rental history, credit score, and pet ownership. The landlord must then tell the prospective renter that a criminal background check will be performed.  

Landlords cannot post signs for their rentals that suggest criminal record discrimination ("no felons" or "no convicted drug dealers"). After running a criminal background check, the landlord must provide a copy of the background check to the applicant by hand, via certified mail, or through electronic communication but must otherwise keep the details of the background check confidential.

Contact a DuPage County, IL Landlord Representation Lawyer

Being a landlord today comes with an array of potential landmines. It can be difficult to be fair and non-discriminatory while protecting the rights and safety of your other renters. Attorney Brett Appelman has the experience necessary to represent landlords in eviction proceedings and the knowledge to advise landlords on staying within the law. Having a Naperville, IL landlord representation attorney by your side can give you peace of mind. Contact Appelman Law LLC at 630-717-7801 to schedule your free consultation.

Share this post:
Back to Top