Fair Housing
A NH landlord's 'no criminal background' policy that categorically denies all applicants with any criminal record may be subject to fair housing scrutiny because:
ACriminal records are a protected class
BSuch blanket policies may have disparate impact on certain racial groups and must be individualized and narrowly tailored✓ Correct
CAll blanket screening policies are illegal
DHUD prohibits background checks entirely
Explanation
HUD guidance indicates that blanket criminal record exclusions may have disparate racial impact. Landlords should conduct individualized assessments considering the nature of the crime, time elapsed, and evidence of rehabilitation.
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