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Can You rent an apartment if You have a felony?

Can You Rent an Apartment if You Have a Felony?

Having a felony record can make it challenging to find a place to call home. Landlords have the right to screen prospective tenants and make decisions about who to rent to based on various factors, including criminal history. But are there any restrictions on renting an apartment if you have a felony?

Legality of Discrimination Against Felons

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In 1974, the US Congress passed the Fair Credit Reporting Act (FCRA), which prohibited landlords and property managers from discriminating against applicants based on credit reports. In 2008, the FCRA was amended to include convicted felons under the equal protection clause.

Protected Classes

Under the FHA (Fair Housing Act) and the ADA (American with Disabilities Act), property owners and managers are prohibited from discriminating against applicants based on the following protected classes:

Racial and ethnic origin
Gender
Sexual orientation
Disability
Family status (including singles, couples, and multigenerational families)

Criminal Activity and Felonies: A Gray Area

Felony records are often considered a neutral factor in the rental process, rather than a protected class under the FHA or ADA. This means that landlords have the right to consider applicants’ criminal histories when evaluating their suitability for a property.

Guidelines and Regulations

The key is to comply with specific guidelines and regulations outlined by the US Department of Housing and Urban Development (HUD). For example, the HUD Fair Housing Equal Opportunity Act states that:
Landlords are not required to rent to individuals with criminal records, but they cannot discriminate against applicants solely based on their criminal history.
Landlords must verify the accuracy of criminal background information provided by third-party screening companies.
Landlords must reasonably accommodate individuals with disabilities and ensure equal access to rentals.

How Does This Affect Your Application?

If you have a felony record and are applying for a rental property, here’s what you need to consider:

Be truthful about your criminal history. Inaccurate information can lead to denial or revocation of your lease.
Understand that landlords have the right to deny your application based on your criminal record, even if you’ve successfully completed your sentence.
Be prepared to disclose your criminal history at the time of application and be prepared to provide any additional information required by the landlord.
It’s essential to work with a reputable rental agency that follows fair housing regulations and has experience with managing properties with tenants with felony records.

Alternatives to Traditional Rental Options

If you’re experiencing difficulties finding a traditional rental property, consider the following alternatives:

Mobile home parks or manufactured homes: These options may offer more flexibility and acceptance when it comes to criminal backgrounds.
Roommates or shared housing: If you’re unable to secure a rental property on your own, consider finding roommates or sharing a space with others.
Landlord-owned properties or Section 8 housing: These options may have fewer restrictions on rental applications for individuals with felony records.
Rent-to-own or lease-to-own agreements: These contracts allow you to rent with the option to purchase, which may be more beneficial for individuals with felony records.

Conclusion

Renting an apartment with a felony record can be a challenge, but it’s not impossible. Transparency and preparedness are key when applying for a rental property. Ensure you understand the landlord’s policies and guidelines regarding criminal records, and be ready to provide accurate information.

Table: Rental Scenarios and Possible Outcomes

Rental ScenarioPossible Outcome
Denial due to criminal historyLandlord may decline application based on criminal background
Approval with modificationsLandlord may grant approval with conditions, such as increased security deposit
Approval without modificationsLandlord grants approval and rents property without restrictions

Remember: Each case is unique, and outcome may vary based on state and local regulations, specific landlord policies, and other factors. Consult with an attorney or rental expert to better understand your options.

Additional Resources

Fair Housing Act: https://www.hud.gov/program_offices/administration/fairhousing#
Fair Credit Reporting Act: https://www.consumer.ftc.gov/articles/0150-fair-credit-reporting-act
HUD Guidelines for Screening Criminal Histories: https://www.hud.gov/program_offices/administration/fairhousing/criminal-background-checks

By understanding the legal context and guidelines surrounding rental property applications, you can take the first step towards securing a place to call your own, even with a felony record.

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