Fair Housing
A Connecticut apartment building owner refuses to rent to a person who has a criminal conviction for marijuana possession from 10 years ago. Under HUD guidance on criminal history screening:
AThis is automatically permitted as a legitimate safety concern
BBlanket bans on all criminal history can have a disparate impact on protected classes; landlords should conduct individualized assessments considering the nature, severity, and recency of the offense✓ Correct
CCriminal history screening is totally exempt from fair housing scrutiny
DOnly violent crimes may be considered in tenant screening
Explanation
HUD has issued guidance that blanket criminal history exclusions can have a disparate impact on certain racial groups. Landlords who use criminal history in screening should conduct individualized assessments—considering the nature, severity, circumstances, and recency of the conviction—rather than applying blanket bans.
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