Can You Be Denied Housing For A Misdemeanor?
When you have a misdemeanor on your record, one of the issues you may face is getting approved to rent an apartment. Can you be denied residency for doing something wrong? Can an apartment reject you for bad behavior? Unfortunately, the answer to both questions is yes, it can. However, denial is not a certainty. Let’s go over some details so you know what to expect.
Can You Be Denied Housing For A Misdemeanor?
Public housing authorities, also known as PHAs, perform comprehensive background screening of all low-income public housing applicants, and applicants for the Section 8 Housing Choice Voucher program. This screening includes a criminal background check on all adults who will live on the property. Because PHAs receive funding from the federal government, they must follow the anti-discrimination laws outlined in the Fair Housing Act.
The US Department of Housing and Urban Development (HUD) issues guidelines for public housing authorities based on Fair Housing Act standards. The guidance requires PHAs to review criminal background information on a case-by-case basis. HUD guidelines prohibit applicants Can You Be Denied Housing For A Misdemeanor? or felony conviction (except for 2 situations detailed below).
When reviewing an applicant’s record, the nature of the offense and the severity of the offense should be taken into consideration along with the age of the offense. Mitigating factors in your favor will also be taken into account, but you need to provide evidence to support your case.
Mitigating information can include:
- your employment record
- A character reference from your employer, faith leader, community leader, probation officer, or volunteer program coordinator.
- Letters to Substance Abuse Counselors/Programs.
- You have completed education and training since the offense was committed.
- References from your current or former landlord and your neighbors.
When you get to the top of the housing waiting list, you’ll be given a release to sign, which allows the PHA to conduct a background check. Attach your mitigating evidence to your release form to support your application.
Reasons Housing May Be Denied
Under HUD guidelines, two felonies will result in denial of housing assistance without a case-by-case evaluation. These are A crime that requires lifetime registration as a sex offender.
Federally assisted domestic manufacture of methamphetamine.
In all other cases, when an applicant’s criminal background presents a potential threat to the safety of other tenants or the peaceful enjoyment of their housing, the housing application may be denied. However, denial of housing must be supported by evidence, it cannot be speculation.
What does this mean in practice? When you apply for public housing, you won’t be automatically rejected because you have something wrong on your record. To deny your application, the PHA must be able to demonstrate that you pose a risk. Under the Fair Housing Act, you also have the right to appeal an adverse housing decision. If you have been denied housing or rental assistance because of your misconduct, write to the appeals address on your notice of denial and request a meeting to appeal.
You should also ask for a copy of your application, the background report information they used to reject your application, and a copy of their tenant selection plan. It is worth noting that different PHAs have different applicant eligibility policies. Even if you don’t qualify for one, you can apply to other PHAs in your county. And you can join the waiting list of more than one PHA.
Getting Help With Your Housing Application
Applying for public housing or Section 8 assistance can be a confusing process, luckily there is free and low-cost help available to guide you through the process. Go to HUD’s website and enter your zip code or state to find housing counselors in your area. You can choose to meet with a counselor or get help over the phone. Another resource that you can turn to is one of your local re-entry organizations. Reentry organizations assist previously incarcerated ex-offenders.
- Find a house and a job.
- Access to Education and Training
- Get medical care and other necessities.
Readmission staff in your area will have expert knowledge of your local PHA’s acceptance criteria and will assist you with your application and, if necessary, your appeal. Searching online is the easiest way to find the help you need in your area. Just search for “reentry support” or “services for ex-offenders” followed by your city.
Can An Apartment Reject You For Misdemeanors?
So far, we’ve looked at rules for low-income public housing and the Section 8 housing voucher program. What about private landowners? Can an apartment reject you for bad behavior? Is it legal? A mistake on your criminal background report can cause private landlords to reject your rental application. Any type of criminal background is grounds for a landlord to legally discriminate against you when you apply to rent an apartment.
However, while landlords often refuse to rent apartments to applicants with a felony on their record, they are more willing to overlook misdemeanor offenses. In some cases, a landlord will only do a felony background check because they don’t care about misdemeanors at all.
Important factors that landlords consider when they review your background report are the type of misdemeanor offense on your record and how long you’ve been in trouble. A conviction for simple drug possession 5 years ago will be less of a concern for a landlord than a conviction for simple assault or vandalism in the past 12 months.
How Far Back Do Rental Background Checks Go?
Can you be denied residency for a misdemeanor that happened 10 or 20 years ago? The period covered by the background check is called the look-back period. There is no nationwide standard lookback period for private landlord or public housing rental background checks.
A private landlord can decide what lookback period they want to cover unless limits are set by state law. The same goes for public housing authorities. Some states do not allow background checks to go back more than 7 years, for other states, the maximum lookback period is 10 years, and for others, there is no limit.
States with 7-year background check thresholds include:
- California
- Colorado
- Kansas
- Kentucky
- Maryland
- Massachusetts
- Montana
- Nevada
- New Hampshire
- New Mexico
- New York
- Texas
- Washington
The Rights Restoration Plan has a comprehensive list that covers boundaries in all 50 states. Check here for the rules for your state.
Can You Get An Apartment With A Misdemeanor? How To Find Out
When you have a misdemeanor on your record, it’s always a good idea to ask about the landlord’s background check policy before you fill out a rental application and pay a non-refundable application fee. When you’re browsing apartments online at Zillow.com, Rent.com, or another major apartment listing site, use the messaging function to ask if your misconduct disqualified you. will give If you want a quick response, call the leasing office directly.
You will either get a straight “yes” or “no” answer, or a “it depends on the nature of the crime” answer. If you receive a barrage of rejections on the major listing sites and run out of rental options in your price range, turn your attention to Craigslist and Facebook Marketplace. You will find that most of the apartment rentals offered on these sites are from independent landlords rather than property management companies. Independent landlords are free to pass judgment on your behavior, whereas a leasing manager at a large apartment complex must follow strict corporate policies.
Need More Help?
If you’ve been repeatedly rejected because of your rudeness, Second Chance Apartment Locator can help. These licensed real estate agents work with tenants who are ineligible for apartments due to criminal backgrounds, low credit scores, and previous evictions.
They know which landlords will approve your application and will save you a lot of time and frustration when looking for a new home. Search online for “second chance apartment locator” or “second chance apartment finder” followed by your city.
Quick Recap
Public housing authorities and private landlords can refuse to let you live because you have a record of misbehavior. This is discrimination, but it is completely legal.
Factors influencing their decision will be their overall rental policy and the type and age of their delinquency. PHAs and many private landlords will review rental applications on a case-by-case basis and will help you provide positive mitigating information to support your application.
In some states, a 5 or 10-year-old misdemeanor will not be reported on a background check meaning you can put your past behind you.
Second-chance apartment locators and re-entry organizations can help you find landlords who will accept your apartment application despite your misdeeds, and re-entry services can also help you find public housing assistance. Can help with the application.
