The impact of excluding tenants for prior convictions

SAN DIEGO – The Fair Housing Act prohibits discrimination in housing based on a protected class: race, color, religion, sex, disability, familial status, and national origin. In April 2016, the Department of Housing and Urban Development issued guidance on how prior criminal history is effecting prospective tenants from obtaining housing under intentional and disparate impact theories. HUD’s guidance can be found at https://portal.hud.gov/hudportal/documents/huddoc?id=HUD_O GCGuidAppFHAStandCR.pdf.

Intentional theory

Intentional theory of discrimination is when a housing provider intentionally...