Worried a felony will shut you out of every rental? Apartments that accept felons are those whose landlords review each case individually, and HUD’s 2016 guidance says blanket bans are likely unlawful.
This guide sits within the wider topic of affordable housing, where you can compare other routes to a stable home.
| Item | Key fact |
|---|---|
| HUD criminal-records guidance issued | April 4, 2016 |
| Housing the guidance covers | Federally assisted and private-market housing |
| Arrest without a conviction | Not a reliable basis for denying housing |
| Denials based on a conviction | Case-by-case review, not a blanket rule |
| Factors a landlord should weigh | Nature and severity, conduct since, time elapsed |
These points come from NLIHC’s summary of the guidance and a Holland & Knight legal alert. Rules and guidance can change, so check the source before you rely on them.
What “felon-friendly” rentals actually look like
No landlord label guarantees a yes. In practice, the rentals worth targeting are the ones that use an individualized review instead of an automatic rejection for any record.
People with criminal records are not a protected class under the Fair Housing Act, and as MPR News reported in April 2016, turning down an individual applicant can sometimes be legally justified. What HUD challenged was the blanket policy that refuses everyone with a record.
That matters because a record is common. The same report noted that one in four Americans has a criminal record, and many landlords and public housing projects have policies against renting to people with one.
How HUD’s April 2016 guidance shapes apartments that accept felons
HUD issued its criminal background check guidance on April 4, 2016, according to Holland & Knight. As of that release, the Office of General Counsel guidance treats blanket policies as a likely Fair Housing Act violation, and NLIHC noted that it covers both federally assisted housing and the private market.
The reasoning is that criminal justice disparities mean such bans are likely to burden Black and Hispanic applicants more. MPR News, citing Justice Department figures supplied by HUD, reported that African-American men are imprisoned at a rate nearly six times that of white men.
Here is how the guidance treats different records, as described in the sources:
- Arrests without a conviction: an arrest is not a reliable basis for judging risk to residents or property, so a policy built on arrests alone is very hard to defend.
- Convictions: a landlord must look at the nature and severity of the offense, what you have done since, and how long ago it happened.
- Blanket conviction bans: Holland & Knight’s alert said a ban ignoring timing, conduct and what has happened since will not meet the landlord’s burden.
- Drug manufacturing or distribution: MPR News reported in April 2016 that this was the one exception HUD carved out.
The landlord carries the burden of proof. According to NLIHC, landlords must show through reliable evidence that a blanket policy actually protects residents and property.
How to find rentals with flexible background policies
Because policies differ from one property to the next, your job is to find out how each one works before you apply. These steps keep that search organized:
- Ask for the written screening policy. HUD’s 2024 guidance, covered below, says providers should make these policies publicly and readily available and actually follow them.
- Ask directly how the landlord handles convictions: is there a case-by-case review, and does it consider how much time has passed?
- Prepare a short, honest summary of what you have done since the conviction, such as steady work, treatment, or a record of paying rent.
- Bring proof of every income source. HUD’s 2024 guidance says providers should consider resources such as Housing Choice Vouchers; our guide on can felons get section 8 explains the voucher side.
- Check your own background report for mistakes before you apply, so you can dispute anything inaccurate early.
Pretexts also matter. MPR News described HUD’s warning that landlords who reject Black or Hispanic applicants over a record, yet accept a white tenant with a similar record, could be found in violation of the Fair Housing Act.
What to do if you are denied
Start by asking for the reason in writing. According to the National Consumer Law Center, HUD’s fair housing office issued tenant screening guidance in May 2024 saying providers should give detailed reasons for a denial and copies of any screening reports relied upon.
That same guidance says applicants should be able to dispute negative information if it is inaccurate, or even if it is accurate but should not count against them. It also says providers should use only accurate records.
A written reason and a copy of the report give you something concrete to check. If the record is wrong, you can correct it; if the policy looks like a blanket ban, a local fair housing or legal aid group can tell you whether to pursue it.
Where flexible policies stop
The guidance does not make every landlord say yes. Individual denials can still be justified, and some policies will survive review if they are tied to a real safety or property interest.
It is also worth knowing how settled the law was at the time. Holland & Knight’s April 2016 alert said the guidance’s positions had, for the most part, not yet been tested in court, so your outcome can depend on local facts and on the landlord’s specific policy.
If your search is taking time, you may need a bridge. Comparing transitional housing vs permanent supportive housing can help you decide what to line up while you look for a lease.
Frequently asked questions
Can a landlord legally refuse me because of a felony?
Show answer
Sometimes. As MPR News reported in April 2016, people with records are not a protected class, and an individual denial can be justified. But HUD’s guidance says a blanket refusal is likely a violation when it has a disparate impact.
Does an arrest without a conviction count against me?
Show answer
HUD’s April 2016 guidance, as summarized by NLIHC, says an arrest is not a reliable basis for assessing risk to residents or property. A landlord with a policy of excluding people for an arrest alone cannot satisfy its burden.
Can a housing voucher help my application?
Show answer
HUD’s May 2024 guidance, as described by the National Consumer Law Center, says providers should consider other sources of income, such as Housing Choice Vouchers, when judging whether you can afford rent.
What should I ask for if I am turned down?
Show answer
Ask for the detailed reasons in writing and for copies of any screening reports used. Per the May 2024 guidance, providers should supply both, and you can dispute anything inaccurate.
