HOUSING PROVIDERS ARE ENCOURAGED TO CONSIDER THE CIRCUMSTANCES SURROUNDING A CONVICTION.
THE FEDERAL FRAMEWORK No federal law completely prohibits landlords from considering criminal convictions. However, guidance from the U.S. Department of Housing and Urban Development (HUD) has significantly influenced how criminal history should be evaluated. HUD has cautioned against blanket policies that automatically exclude all applicants with criminal records. Instead, housing providers are encouraged to consider the circumstances surrounding a conviction and whether it is relevant to legitimate housing concerns.
Key considerations may include:
The nature and severity of the offense How much time has passed since the conviction Evidence of rehabilitation Whether the offense relates to resident safety or property protection
Arrests generally should not be treated the same as convictions, since an arrest alone does not establish criminal conduct.
ARRESTS GENERALLY SHOULD NOT BE TREATED THE SAME AS CONVICTIONS.
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