Can You Get Housing with a Felony?
Having a felony conviction can be a significant obstacle when it comes to finding housing. Many landlords and property managers are reluctant to rent to individuals with a felony record, and some states even have laws that prohibit them from doing so. However, the answer to the question "Can you get housing with a felony?" is not a simple yes or no. It depends on various factors, including the type of felony, the length of time since the conviction, and the individual’s personal circumstances.
Felony Conviction and Housing Applications
When applying for housing, a felony conviction may be a significant factor in the landlord’s decision-making process. Some landlords may view a felony record as a risk, as they may be concerned about the tenant’s behavior and potential for future criminal activity. However, it’s important to note that many landlords are not allowed to discriminate against applicants based on their criminal record.
Fair Housing Act
The Fair Housing Act (FHA) prohibits discrimination based on race, color, religion, sex, national origin, disability, and familial status. While the FHA does not specifically mention felony convictions, it does protect individuals with criminal records from discrimination. In 2016, the FHA was amended to include a provision that prohibits discrimination based on an individual’s status as a person with a disability, including those with criminal records.
State and Local Laws
Some states and localities have laws that specifically prohibit landlords from discriminating against applicants based on their criminal record. For example, California’s Unruh Civil Rights Act prohibits discrimination based on a person’s "criminal history" or "criminal conviction." Similarly, the District of Columbia’s Human Rights Act prohibits discrimination based on a person’s "criminal record."
Types of Felonies
Not all felonies are created equal when it comes to housing applications. Some felonies, such as those related to theft or violence, may be viewed more unfavorably by landlords than others, such as non-violent drug-related offenses. White-collar crimes, such as fraud or embezzlement, may be viewed more seriously than non-violent drug-related crimes, such as possession of marijuana.
Length of Time Since Conviction
The length of time since the felony conviction can also play a significant role in a landlord’s decision. Landlords may view individuals with recent convictions as a higher risk than those with older convictions. In some cases, a landlord may require a longer rental history or additional documentation from an applicant with a recent conviction.
Personal Circumstances
An applicant’s personal circumstances can also impact their ability to get housing with a felony conviction. Individuals with a history of stable employment, good credit, and a strong rental history may be viewed more favorably by landlords. Similarly, applicants who have completed rehabilitation programs or have otherwise demonstrated a commitment to reform may be viewed more positively.
What You Can Do
If you have a felony conviction and are struggling to find housing, there are several steps you can take:
- Research local laws: Familiarize yourself with the laws in your area that prohibit discrimination based on criminal record.
- Be honest: Be upfront about your felony conviction on your rental application. Avoid lying or withholding information.
- Highlight your strengths: Emphasize your positive qualities, such as a stable job, good credit, and a strong rental history.
- Look for supportive housing: Consider applying for supportive housing programs, which are designed specifically for individuals with criminal records.
Table: State and Local Laws Prohibiting Discrimination Based on Criminal Record
| State/Local | Law | Description |
|---|---|---|
| California | Unruh Civil Rights Act | Prohibits discrimination based on a person’s criminal history or conviction |
| District of Columbia | Human Rights Act | Prohibits discrimination based on a person’s criminal record |
| Illinois | Illinois Human Rights Act | Prohibits discrimination based on a person’s criminal record |
| New York | New York City Human Rights Law | Prohibits discrimination based on a person’s criminal record |
Conclusion
While having a felony conviction can make it more challenging to find housing, it is not impossible. By understanding the laws in your area, being honest and upfront about your conviction, and highlighting your positive qualities, you can increase your chances of finding a place to live. Remember that many landlords are willing to work with individuals with felony convictions, and there are resources available to support you in your search for housing.
