National Fair Housing Alliance Welcomes New Fair Housing Act Guidance on Use of Criminal Records in Housing Transactions

WASHINGTON, DC— Shanna L. Smith, President and CEO of the National Fair Housing Alliance (NFHA), issued the following statement commending the U.S. Department of Housing and Urban Development (HUD) on its Fair Housing Act guidance concerning the use of criminal records in housing decisions:

“African-Americans and Latinos are disproportionately likely to have a criminal record compared to White Americans, and this is a direct result of our nation’s mass incarceration epidemic and centuries-long disparities in the way law enforcement has targeted different communities based on race and ethnicity.  As our nation begins to turn back this disturbing reality and ease re-entry back into society, we must affirmatively commit to removing all barriers that stand in the way of achieving success for families and the formerly incarcerated.  The Fair Housing Act is one tool to help achieve that goal.”

“Finding safe and stable housing is a foundation for successful re-entry into society, but these opportunities remain elusive for people with a criminal history and more so for those who are people of color.  Today’s HUD guidance will help make clear how housing providers can appropriately consider criminal history, and that blanket prohibitions on people with any criminal history can have a discriminatory effect on people of color and violate the Fair Housing Act.  The guidance also clarifies how differential treatment in using criminal history information can similarly be a violation of the Act.”

“The fair housing movement is proud of HUD’s policy announcement.  We look forward to working with HUD and housing providers to better apply this important guidance, and we hope to work with HUD to establish similar guidance for other protected classes, including for people with disabilities with a criminal history related to their disability.”