At Nesbitt Realty, we’ve seen it all—from tenants who leave a perfectly clean unit (angels!) to those who might as well have thrown a rock concert featuring feral raccoons. When it comes to screening tenants, things can get tricky, particularly when criminal records are involved. While everyone deserves a second chance, landlords also need to protect their property, community, and sanity. Let’s break down how to navigate this legal and moral minefield.
The Law: Where Fair Housing Comes into Play
First things first, landlords need to know that the
Fair Housing Act (FHA) prohibits discrimination against tenants based on race, color, religion, sex, disability, familial status, or national origin. While criminal history itself isn’t a protected class, using it as a blanket reason to deny tenants can still get you into hot water. Why? Because certain screening practices can inadvertently discriminate against protected groups, opening you up to a not-so-fun chat with a lawyer.
Translation: A “No criminal history, period” policy is a big no-no.
The HUD Guidelines: A Lesson in Nuance
The
Department of Housing and Urban Development (HUD) says landlords must evaluate criminal records with a nuanced approach. Here’s what that means:
- Type of Offense Matters – There’s a big difference between someone who got a parking ticket (gasp!) and someone who set up an illegal fireworks stand in the living room. Look at the nature and severity of the crime.
- Timing Counts – A conviction from 20 years ago probably holds less weight than something from last month. The older the offense, the less relevant it becomes.
- Individual Assessments Are Key – Instead of issuing a blanket denial, consider the circumstances. Did the tenant complete rehabilitation? Are they gainfully employed and ready to be a responsible tenant? Do they have solid references? Basically, give people a fair shot.
Quick Tip: Applying a thoughtful screening process protects you from lawsuits
and helps you find reliable tenants who may just need that second chance.
So, Can You Deny a Tenant with a Criminal Record?
Short answer: Yes, but it’s not that simple. You can deny an application
if the criminal history demonstrates a clear risk to your property or community. For example:
- Crimes involving violence or property damage? Likely a deal-breaker.
- Non-violent misdemeanors from years ago? You might need to give it a second thought.
However, you
cannot deny a tenant arbitrarily. If your reason for rejection isn’t based on safety or property protection, you could be accused of discrimination. And trust us,
that’s a situation that neither you nor Nesbitt Realty wants to be in.
Creating a Fair and Legal Screening Policy
To protect yourself (and keep your hair from turning prematurely gray), follow these steps:
- Set Clear, Consistent Screening Criteria – Put it in writing. Decide upfront which types of offenses you’ll consider disqualifying and for how long.
- Example: Felonies related to violence or property damage within the last 5 years might be a valid reason for rejection.
- Avoid Blanket Policies – Don’t automatically reject anyone with a criminal record. Evaluate each case individually.
- Be Transparent – Make your policies clear to applicants. Let them know you’ll review criminal histories but give fair consideration to context and rehabilitation.
- Document Everything – If you deny someone, keep thorough records of why the decision was made. If a rejected tenant questions you, you’ll have your facts ready.
Balancing Safety and Fairness: The Nesbitt Realty Approach
At Nesbitt Realty, we’re big fans of balance—like finding that sweet spot between rent affordability and a solid tenant. While safety is non-negotiable, we also understand that people grow, change, and deserve opportunities. That’s why a case-by-case approach is the name of the game.
Imagine a tenant named Joe. A decade ago, Joe made some poor decisions, did his time, and turned his life around. He now has stable employment, glowing references, and a sincere desire to rent your place. Should you deny him because of his past? Not necessarily. Joe might just end up being the best tenant you’ve ever had (the kind who pays rent on time and sends you a holiday card).
On the flip side, if an applicant’s history includes recent issues that signal a risk to your property, denying them is fair and reasonable. Just make sure your reasoning is based on facts and safety, not assumptions.
Final Thoughts
Renting to tenants with criminal records doesn’t have to be a legal or moral dilemma. By following HUD guidelines, applying fair policies, and approaching each applicant with an open mind, you can make sound decisions while staying on the right side of the law.
Here at Nesbitt Realty, we like to think of tenant screening as matchmaking: finding the right tenant for the right property. And sometimes, second chances make for the best success stories. After all, isn’t redemption what landlord-tenant relationships are all about? Well, that and paying rent on time… we
really like that part.
If all this legalese makes your head spin, don’t worry. Nesbitt Realty is here to help you navigate the ins and outs of tenant screening. We’ve got your back—and your properties’ too!
