Fair Housing

A Mississippi landlord who automatically rejects rental applicants who have ever been arrested (but not convicted) of any crime is likely violating fair housing laws because:

AArrests are a protected class
BArrest records without convictions are not reliable indicators of criminal conduct; such a policy could have a significant disparate impact on protected racial groups✓ Correct
COnly convictions, not arrests, can be considered under Mississippi law
DThe policy is only illegal if applied to tenants already in residence

Explanation

HUD guidance cautions that using arrest records (without convictions) in housing decisions is problematic because arrests do not establish that criminal conduct occurred. Moreover, arrest record data often has racial disparities, so arrest-based exclusion policies may have illegal disparate impacts on racial minorities.

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