HUD issued a new guidance in 2016 clarifying which applicants can be denied based on having a criminal record.
The main takeaway from reading this is that housing can be denied if there is ” a demonstrable risk to resident safety and/or property “
Here is the conclusion of that guidance:
Policies that exclude persons based on criminal history must be tailored to serve the
housing provider’s substantial, legitimate, nondiscriminatory interest and take into consideration such factors as the type of the crime and the length of the time since conviction. Where a policy or practice excludes individuals with only certain types of convictions, a housing provider will still bear the burden of proving that any discriminatory effect caused by such policy or practice is justified. Such a determination must be made on a case-by-case basis.
