housing discrimination Archives - JDP https://www.jdp.com/blog/tag/housing-discrimination/ Employment Screening, Background Check Fri, 03 May 2024 18:46:18 +0000 en-US hourly 1 HUD Clarifies Discrimination Policies In Recent Guidance https://www.jdp.com/blog/hud-clarifies-discrimination-policies-in-recent-guidance/ Thu, 07 Mar 2024 14:51:23 +0000 https://www.jdp.com/?p=18494 March 8, 2024 The United States Department of Housing and Urban Development (HUD) recently offered significant clarification concerning the Fair Housing Act (FHA). According to the related guidance, landlords with policies that ban anyone with a criminal record from housing risk violating the FHA.  In the guidance, HUD explicitly stated, “The Fair Housing Act prohibits […]

The post HUD Clarifies Discrimination Policies In Recent Guidance appeared first on JDP.

]]> March 8, 2024

The United States Department of Housing and Urban Development (HUD) recently offered significant clarification concerning the Fair Housing Act (FHA). According to the related guidance, landlords with policies that ban anyone with a criminal record from housing risk violating the FHA. 

In the guidance, HUD explicitly stated, “The Fair Housing Act prohibits both intentional housing discrimination and housing practices that have an unjustified discriminatory effect because of race, national origin, or other protected characteristics.”

The FHA explicitly prohibits intentional housing discrimination. It also bans landlords from enacting housing practices that discriminate against individuals based on various traits without justification. Examples include a person’s national origin, race, and other protected characteristics.

HUD also commented on the prevalence of racial and ethnic disparities in the U.S. criminal justice system. According to HUD, African-American and Hispanic individuals disproportionately face housing restrictions. One statement from HUD specifically commented on this concern; “Arbitrary and overbroad criminal history-related bans are likely to lack a legally sufficient justification.”

The FHA does not ban housing providers from considering an individual’s criminal history. However, the Act requires landlords to follow a specific process when reviewing the information. Furthermore, the Act addresses arbitrary or overly broad bans when providing housing. Many interpreted this address to mean such actions will not have adequate legal justification.

The guidance also stressed the difference between arrests and convictions. For example, landlords cannot prove that denying housing due to arrests that did not end in a conviction will protect their property or residents’ safety. Even if an applicant has convictions, landlords must prove the necessity of policies that exclude these people. HUD stressed that maintaining a blanket ban barring anyone with criminal records will violate FHA.

Landlords must also prove how the policies do not discriminate. In addition, HUD commented on some policies that deny housing to those with convictions. The Department stressed how landlords cannot prove such policies are non-discriminatory. Examples include denials without considering when the conviction happened, the conduct involved, and what the individual has done since then.

Housing providers may consider the effects of an applicant with convictions involving violence. However, HUD encourages housing providers to review when the conviction occurred and what the individual has done since then. HUD expects it will provide more opportunities for those with criminal records to obtain housing.

Many hope this policy will improve fairness for those applying for housing. For example, the president and CEO of The Fortune Society in New York City voiced excitement about the guidance. She claimed they have fought against blanket discrimination for some time and hopes HUD will continue improving housing opportunities for those with records.

Disclaimer:
Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.

 

Source

The post HUD Clarifies Discrimination Policies In Recent Guidance appeared first on JDP.

]]> New York City Council Considering Fair Chance Housing Act https://www.jdp.com/blog/new-york-city-council-considering-fair-chance-housing-act/ Wed, 16 Aug 2023 10:50:17 +0000 https://www.pre-employ.com/?p=17053 New York City Council Considering Fair Chance Housing Act August 16, 2023 Since New York passed its Clean Slate Act, the city has seen other bills to improve opportunities for the formerly incarcerated. One such push includes the Fair Chance Housing Campaign. This campaign intends to ban housing discrimination against those with criminal records. Some […]

The post New York City Council Considering Fair Chance Housing Act appeared first on JDP.

]]> New York City Council Considering Fair Chance Housing Act
August 16, 2023

Since New York passed its Clean Slate Act, the city has seen other bills to improve opportunities for the formerly incarcerated. One such push includes the Fair Chance Housing Campaign. This campaign intends to ban housing discrimination against those with criminal records.

Some criminal justice advocates have tried to pass similar legislation for years, hoping to help these individuals. Their goal is to achieve the same type of housing protection that these individuals obtained in employment through the Clean Slate Act. Many studies have shown the crucial part housing plays when reintegrating previously incarcerated people into the community. 

As such, criminal justice advocates believe it helps those with criminal records and the community. For example, housing previously incarcerated individuals improves the city’s overall safety. Those with stable housing have proven less likely to reoffend.

Unfortunately, previously incarcerated individuals are much more likely to become homeless than the general population. One study found that previously incarcerated people were nearly ten times more likely to be homeless than others. They are also more likely to live in motels than others, leaving them more vulnerable to becoming homeless.

Homelessness has become a significant problem for those with multiple incarcerations on their records. In addition, homelessness often leads to repeat offenses and imprisonment, thus worsening their situation. This cycle is one of several reasons the Fair Chance Housing Campaign pushes the city council to consider their bill.

The bill would “prohibit housing discrimination in rentals, sales, leases, subleases, or occupancy agreements in New York City, on the basis of an arrest record or criminal history. Landlords, owners, agents, employers, and real estate brokers would be prohibited from obtaining criminal record information at any stage in the process. These entities would be able to take adverse actions against current occupants for reasons other than a person’s arrest record or criminal history, as long as they are complying with laws protecting victims of domestic violence, sex offenses, or stalking.” It would also enforce exceptions when federal, state, or local laws require criminal background checks or exclude such screening.

If this campaign is successful, it will require landlords to change any necessary policies to comply. Like how employers must review their policies for the Clean Slate Act, landlords would have to consider their tenant policies. The best way for employers and landlords to comply with relevant laws is to partner with an experienced background screening company.

JDP makes background checks easy and reliable. Speak with a compliance expert today.

Source

The post New York City Council Considering Fair Chance Housing Act appeared first on JDP.

]]>