Beyond Bending Tell You How
Securing a safe and comfortable living space is a fundamental human need. However, for those with a criminal record, finding a suitable home can be a challenge. Despite paying rent on time and having a stable income, people with criminal records often face discrimination in the housing market. According to a report by the National Low Income Housing Coalition, around 80% of private landlords and 50% of public housing agencies have policies that automatically deny housing to people with criminal records. These policies can have devastating effects on individuals and families who are trying to rebuild their lives after serving their sentences.
If you have been denied housing due to your criminal record, it is essential to understand your rights and options. This blog post will provide you with a comprehensive guide to navigating the housing market with a criminal record. We will discuss the legal framework surrounding housing discrimination, the different types of criminal records, and strategies for finding housing that fits your needs and budget.
Understanding Housing Discrimination and Your Legal Rights
Discrimination against people with criminal records in the housing market is a form of housing discrimination, which is prohibited under the Fair Housing Act (FHA) and other federal and state laws. The FHA prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability. In 2016, the Department of Housing and Urban Development (HUD) issued guidance stating that denying housing to people with criminal records can be a form of racial discrimination, as it disproportionately affects people of color.
It is important to note that not all criminal records are treated equally under the law. The FHA distinguishes between arrests and convictions. Landlords are not allowed to deny housing based on an arrest record, as it does not prove that a person has engaged in criminal activity. However, they can consider a conviction record, as it is evidence of criminal behavior. Nevertheless, landlords must consider the nature and severity of the crime, the time elapsed since the conviction, and evidence of rehabilitation when making their decisions.
If you believe that you have been denied housing due to your criminal record, you may file a complaint with HUD or a state or local fair housing agency. You may also consider seeking legal representation to help you navigate the legal system and protect your rights.
Types of Criminal Records
There are different types of criminal records, and each one can affect your ability to find housing in different ways. Here are some of the most common types of criminal records:
Felony Convictions
Felony convictions are the most serious type of criminal record. They are typically reserved for crimes that are punishable by more than one year in prison, such as murder, rape, and drug trafficking. Landlords are more likely to deny housing to people with felony convictions, as they are seen as a higher risk. However, depending on the nature and severity of the crime, the time elapsed since the conviction, and evidence of rehabilitation, some landlords may be willing to consider your application.
Misdemeanor Convictions
Misdemeanor convictions are less serious than felony convictions, but they can still affect your ability to find housing. Misdemeanors are typically punished by less than one year in jail or a fine, such as petty theft, vandalism, and disorderly conduct. Landlords may be more willing to rent to people with misdemeanor convictions, especially if the crime is not related to housing or violent behavior.
Arrest Records
Arrest records indicate that a person has been taken into custody by law enforcement. Arrest records are not considered as strong evidence of criminal behavior as conviction records, as they do not prove guilt. However, landlords may still consider arrest records when making their decisions, especially if there is a pattern of arrests or if the arrest is for a serious crime.
Expunged Records
Expunged records are criminal records that have been sealed or erased from public view. Expungement is a legal process that varies by state, and it generally applies to minor offenses or first-time offenders. If your record has been expunged, you may not be required to disclose it to landlords. However, some states have exceptions to this rule, such as when applying for government-subsidized housing.
Strategies for Finding Housing with a Criminal Record
Despite the challenges of finding housing with a criminal record, there are strategies that you can use to increase your chances of success. Here are some tips:
1. Be Honest and Transparent
When applying for housing, it is important to be honest and transparent about your criminal record. Trying to hide or lie about your past can backfire and damage your credibility. Instead, explain your situation and provide evidence of rehabilitation, such as a letter from a parole officer, a certificate of completion from a rehabilitation program, or a letter of recommendation from a former employer.
2. Look for Housing Programs for People with Criminal Records
There are housing programs that are specifically designed for people with criminal records. These programs may offer reduced rent, supportive services, and case management to help you transition back into society. Some examples of these programs include the Second Chance Act and the Homecoming Project.
3. Network and Get Referrals
Networking and getting referrals from trusted sources can increase your chances of finding housing. Reach out to friends, family, and community organizations for help. Attend job fairs, community events, and other social gatherings to meet new people and expand your network.
4. Consider Renting a Room or Subletting
If you are having trouble finding an apartment or house to rent, consider renting a room or subletting. This can be a more affordable and flexible option, and it may be easier to find landlords who are willing to rent to people with criminal records.
5. Be Prepared to Make Trade-Offs
When searching for housing, be prepared to make trade-offs. You may need to consider living in a different neighborhood or a smaller apartment than you would prefer. You may also need to pay a higher security deposit or rent to offset the perceived risk of renting to someone with a criminal record.
Conclusion
Securing housing with a criminal record can be challenging, but it is not impossible. By understanding your legal rights, the different types of criminal records, and strategies for finding housing, you can increase your chances of success. Remember to be honest and transparent, look for housing programs for people with criminal records, network and get referrals, consider renting a room or subletting, and be prepared to make trade-offs. With persistence and determination, you can find a safe and comfortable place to call home.
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Denied housing due to a criminal record can be a daunting experience. This blog post provides a comprehensive guide to understanding your legal rights, the different types of criminal records, and strategies for finding housing that fits your needs and budget.
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housing discrimination, criminal record, legal rights, felony convictions, misdemeanor convictions, arrest records, expunged records, finding housing, strategies for finding housing
