Can You be Denied Housing for a Misdemeanor?
In the United States, there are numerous factors that can impact a person’s ability to secure housing. One such factor is a criminal record, specifically a misdemeanor conviction. If you have been convicted of a misdemeanor, you may wonder if it can impact your chances of getting approved for housing. The answer is yes, you can be denied housing for a misdemeanor.
Federal and State Laws
In the United States, federal and state laws protect the rights of individuals to equal housing opportunities. The Fair Housing Act (FHA) and the Fair Credit Reporting Act (FCRA) prohibit discrimination in housing based on race, color, religion, sex, national origin, disability, and familial status.
Can Misdemeanors Impact Housing?
Misdemeanors, which are generally considered less serious than felonies, can still impact an individual’s ability to secure housing. A misdemeanor conviction can lead to denial of housing for several reasons:
• Public Records: Misdemeanor convictions are typically recorded on an individual’s public record, making it easy for landlords or housing authorities to access and review the information.
• Criminal Background Checks: Many landlords and property managers conduct criminal background checks as part of the housing application process. A misdemeanor conviction may be considered when reviewing the results of the background check.
• Discriminatory Practices: Unfortunately, some landlords and property managers may discriminate against individuals with criminal records, including misdemeanor convictions, when making housing decisions.
Impact of Misdemeanor Convictions on Housing Applications
The impact of a misdemeanor conviction on housing applications can vary depending on the circumstances. Here are some examples:
• Rental Properties: Landlords may be more likely to deny housing applications if an individual has a misdemeanor conviction for violent crimes, theft, or assault.
• Government-Assisted Housing: Government agencies that provide housing assistance, such as Section 8 housing, may deny assistance to individuals with misdemeanor convictions, particularly if the crime was related to drug use or sales.
• Co-Signer Requirements: Some landlords may require a co-signer to sign a rental agreement, which can be difficult or impossible for individuals with misdemeanor convictions to secure.
Legal Protections for Individuals with Misdemeanor Convictions
While misdemeanor convictions can impact housing applications, there are legal protections in place to prevent discrimination. Here are some important legal protections:
• Fair Housing Act: The FHA prohibits discrimination in housing based on race, color, religion, sex, national origin, disability, and familial status. A misdemeanor conviction does not automatically disqualify an individual from renting a property.
• Americans with Disabilities Act (ADA): The ADA prohibits discrimination against individuals with disabilities, including those with criminal records.
• Local and State Laws: Many cities and states have laws that prohibit discrimination against individuals with criminal records, including misdemeanor convictions.
Conclusion
A misdemeanor conviction can impact an individual’s ability to secure housing, but it is not the only factor that landlords consider. The key is to understand the laws and regulations that protect housing rights and to take steps to overcome the negative impact of a misdemeanor conviction. By educating yourself on the legal protections available, you can better navigate the housing application process and secure a safe and affordable place to live.
Additional Tips for Individuals with Misdemeanor Convictions
• Honesty is the Best Policy: Be upfront and honest about your misdemeanor conviction on housing applications and in interviews.
• Gather Documents: Keep a record of your court documents, including the charges, plea, and sentence.
• Seek Legal Advice: Consult with a housing attorney or legal aid organization for guidance on the legal protections available to you.
• Look for Fair Housing Rentals: Search for properties that advertise themselves as "fair housing" or "crime-free" rentals.
Table: Summary of Misdemeanor Convictions and Housing Applications
| Impact on Housing Applications | Legal Protections | |
|---|---|---|
| Rental Properties | More likely to deny applications for violent crimes, theft, and assault | Fair Housing Act |
| Government-Assisted Housing | Denial of assistance for crimes related to drug use or sales | Fair Housing Act, ADA |
| Co-Signer Requirements | Difficult or impossible to secure a co-signer | Fair Housing Act |
Key Takeaways
- A misdemeanor conviction can impact housing applications, but it is not the only factor considered.
- Federal and state laws protect the rights of individuals to equal housing opportunities.
- Honesty and gathering documents are important steps in the housing application process.
- Legal protections are available to prevent discrimination against individuals with misdemeanor convictions.
By understanding the impact of a misdemeanor conviction on housing applications and the legal protections available, you can take steps to overcome the negative impact and secure a safe and affordable place to live.
