Forget That Record: Apartment Hunting Tips for Ex-Convicts

Tenant screening is one of the key points the landlords review while interviewing you for the rental. While this is a regular and stress-free procedure for those who have no records at all, there are people who can get discriminated because of the tenant screening results.

We want you to understand the difference between just a police record and a documented conviction. To see what are the options if you have a criminal background, feel free to review our guide to renting with a felony record.

Can You Be Denied Housing Because of a Felony?

The short answer will be ‘Yes’. As of today, there are many types of discriminations defined by the Fair Housing Act. Things like discrimination based on the gender, race, ethnicity, religion, family status, disability are not tolerated and are considered illegal.

As you can see, denying housing because of the criminal record is not considered as discrimination and the right to decide is left to the landlord. The reason why a property management company or a landlord himself/herself can deny your tenancy is a desire to minimize the risks.

Any homeowner has a solid understanding of who a perfect tenant is. They won’t tolerate:

• Any agreement violations
• Late rent payments
• Problems with the neighbors
• Noisy and socially-irresponsible tenants
• Any illegal activity in the rental unit

Causing damage to the unit or threats towards the neighbors, third party workers or local home association board members

However, there are a few exceptions that should be highlighted here. First of all, landlords and property management companies should understand the difference between the conviction record and an arrest record.

Any arrest record will be shown on the criminal background check, but without the actual conviction, the one cannot be denied housing. In this case, according to the HUD mandate, this will be the applicant discrimination.

Also, drug addicts are considered as people with a disability and are also protected by the fair housing laws. Tenants with the drug addiction may provide the landlord with a consistent plan of what efforts they took to address their addiction that led to the crime. It’s about rehabilitation programs, references and certifications claiming that they addiction is left behind.

But even with the drug-related crimes, there is one key thing to keep in mind: any landlord can deny the housing for a person who has a criminal conviction related to the manufacturing or distribution of the illegal drugs.

Expert tip: HUD insists that any landlord who tries to cover-up the actual discrimination with the fact that the prospective tenant has a criminal record will be found and punished for these actions.

 

For example, landlord who denies housing for a black or hispanic person with a criminal record, but accept the white tenant with the same issues can be found guilty of the Fair Housing Act violation.

The real problem currently is that when a person have a criminal record that happened back when a tenant was 18 and did a stupid mistake, he may struggle his whole life for that. Landlords should understand that there is a huge difference between a person who has a con-lifestyle and who really deserves a right to re-enter the society.

Review the Possibility of Record Sealing or Expungement

To support our previous idea about those who made one mistake back when they were young, there is a way to expunge or seal the criminal record. Laws vary by state, so there is no way to give you a one universal tutorial on how to do that.

This procedure allows people with previous convicts to ask court to seal their records and make them unavailable for public. In some cases, the background check will show that you have a sealed record and in some cases you’ll even be able to say that you don’t have one.

Look up your state to find the expungement and sealing rules
Check if you’re eligible for the criminal record sealing/expungement

Get as Many References as Possible

Landlords don’t want to rent out to someone who is not credible enough to maintain a healthy lifestyle within the unit, damage it or simply miss the rent payments. So in order to convince your landlord that you’re a trustworthy candidate, you’ll have to roll up your sleeves and do your homework.

Prior to applying for the property, you’ll have to gather all the references you can. You have to admit to yourself that your criminal record makes your application inferior compared to the other applicants and you’ll need someone to confirm you’re a reliable person.

Any reference letter will work here, you can get one from your job showing that you’re a hard worker for quite some time. It shows landlords that you can exist in a healthy working society without any issues and confirm the fact that you are a working individual.

Drug charges and addictions are not giving you additional points to your application, but a good reference or certification from the rehab facility does.

Also, having some references from previous landlords might help, but it would be understandable that may not have them.
Provide the Bank Statements Proving Your Credibility

When we talk about the late rental payments and lease violations, we should always remember that landlords hate late checks. Let’s face it, having a criminal record can make any landlords question your ability to pay rent. This is where your bank statements can really help you.

You can show your landlord the history of your transactions for a few months and prove him that renting his place is completely affordable for you.

Offer a Bigger Security Deposit

Overcoming the biggest landlord’s fear of his house being destroyed by a tenant is easy, just offer him a bigger security deposit.

 

This will make your landlord understand that any damage will be covered by the security deposit. On the other hand, you will still get the whole amount back after your lease termination, so it’s a win-win situation for both of you. Well, except of you having to collect a bigger sum than expected, but at least there is this way to affect the landlord’s decision.

Search for the Reentry Program to Get Back on Your Feet

There are numerous of reentry programs for ex-prisoners. This is one of the best ways to live your life to the fullest after your criminal past. All of these programs are designed to help people get back to the society and get another chance at their lives.

State by state these programs vary and we offer you to review the full list of them.

Review the list of reentry programs for people with criminal records