Can You Rent an Apartment with a Felony?
The Short Answer
It’s possible, but it’s not guaranteed. Yes, it is legal to rent an apartment with a felony. However, the feasibility of finding a rental depends on several factors, including the severity of the conviction, the state and local laws, and the type of apartment complex.
Understanding Landlord-Tenant Laws
Landlord-tenant laws vary from state to state, and the Fair Housing Act (FHA) sets federal standards for prohibiting discrimination in rental housing based on race, color, religion, sex, national origin, familial status, and disability. There is no blanket ban on renting to felons, but some laws may provide exceptions or stricter requirements for convicted felons.
Felony Restrictions in the US
Forty-nine states and the District of Columbia have some type of felony ban or restrictions in rental housing, while only two states (Oregon and Kansas) do not have specific laws related to felony criminal records and rental housing.
Key Considerations for Felony Renters
- Severity of conviction: Minor, non-violent offenses like theft or property damage might be viewed differently than serious crimes like homicide or child abuse.
- Type of rental: Apartments in low-income areas or Section 8 housing programs may have stricter qualifications or additional requirements.
- Screening process: Landlords may conduct more thorough background checks, review court records, or consult with attorneys to determine rental eligibility.
State-Specific Felony Restrictions
| State | Felony Ban/Restrictions | Exceptions/Applications |
|---|---|---|
| Alabama | Up to 1 year | Must provide certification of rehabilitation, proof of employment, or written agreement with landlord. |
| California | Limited to violent or sex crimes | Certain exceptions for rent-controlled or rent-stabilized properties. |
| Florida | 10+ years (except for DUI) | Can apply to certain subsidized housing programs with a good behavior record for 10+ years. |
| New York | 3+ years | Can apply to certain federally assisted housing programs with proof of good behavior. |
Common Issues for Felony Renters
- Application fees and deposits: Some landlords may require higher fees or larger deposits from felony applicants to offset potential risks.
- Background checks and criminal record searches: More thorough checks may be performed to assess the severity of the felony conviction.
- References and testimonials: Convicted felons may need to provide professional or character references to alleviate concerns about their rental reliability.
- Criminal justice reform: Laws and regulations surrounding felony bans and restrictions are evolving. Some jurisdictions have implemented alternatives to imprisonment, such as community-based sentences, to reduce the number of convicted felons facing housing restrictions.
Best Practices for Felony Renters
- Research the landlord and property: Before applying, research the landlord’s policy on felony criminal records and ensure the property is well-maintained and meets local standards.
- Prepare to provide additional documentation: Gather proof of employment, rent payment history, and professional references to demonstrate stability and responsibility.
- Seek professional assistance: Work with a reputable real estate agent or attorney who understands local laws and regulations regarding felony restrictions in rental housing.
- Develop a positive rental history: Establish a strong rental record by making timely payments and maintaining a clean and tidy living space to increase your chances of finding a future rental.
Conclusion
While renting an apartment with a felony conviction is not impossible, it may be more challenging. By understanding the laws, regulations, and common issues associated with felony restrictions, convicted felons can prepare themselves for the rental application process. By following best practices and seeking professional assistance, individuals with felony criminal records can increase their chances of securing a rental apartment and building a stable housing future.
