Housing Rights for People With a Criminal Record

Navigating Public Housing, Private Rentals, and Your Right to Appeal

Last Updated: January 2026

70M+

Americans with records

Local Laws

often stronger than federal

FHA Rights

still protect you

⚠️ 2026 FEDERAL POLICY ALERT: MAJOR SHIFT

HUD Guidance Rescinded: As of early 2026, HUD has officially withdrawn key 2015, 2016, and 2022 memos that discouraged landlords from using arrest records and required individualized assessments. Landlords and PHAs now have significantly more discretion to deny based on criminal history.

BUT: HUD has warned that housing providers are not insulated from Fair Housing Act liability. Policies that create discriminatory effects—like denying based on arrests instead of convictions—may still be illegal. Your rights under the FHA remain intact.

🏙️ LOCAL PROTECTIONS REMAIN STRONG

While federal protections have weakened, cities like New York City, Newark, San Francisco, Seattle, and others have enacted the strongest fair-chance housing laws in U.S. history. Check your local laws—they may provide more protection than federal rules.

🎯 WHAT DO YOU NEED?

Applying for public housing? → Section 2

Live in NYC? → Section 3: Fair Chance Housing Act

Just got denied? → Section 4: How to Appeal

Private rental search? → Section 5: Private Landlord Strategies

Finding housing with a criminal record is one of the most difficult challenges in reentry. Understanding the current legal landscape—including the 2026 federal policy shift—is essential to protecting yourself and knowing when to fight back.

⚖️ Legal Disclaimer: This guide provides general information, not legal advice. Housing laws vary by location and change frequently. Consult a licensed attorney or [EXTERNAL: legal aid organization → lsc.gov/what-legal-aid/find-legal-aid] for specific questions.

1. The 2026 Federal Policy Shift

Understanding what changed—and what didn't—is critical for navigating housing in 2026.

What HUD Rescinded

2016 General Counsel Guidance — Previously discouraged blanket criminal history bans
2015 & 2022 Memos — Required individualized assessments before denial
Arrest Record Restrictions — Previously advised against using arrest-only records

What This Means in Practice

Public Housing Authorities (PHAs) have more discretion to deny or terminate based on criminal history
Private landlords receiving federal assistance have fewer federal constraints
"One-Strike" enforcement is being actively encouraged by HUD

⚠️ IMPORTANT: YOUR FHA RIGHTS REMAIN

HUD explicitly warned that housing providers are not insulated from Fair Housing Act liability. Policies causing discriminatory impact—particularly those affecting Black and Latino applicants at higher rates—may still be challenged in court.

2. Public & Federally-Assisted Housing Rules

If you're applying for public housing, Section 8/Housing Choice Vouchers, or other federally-assisted housing, specific rules still apply.

Mandatory Denials (No Exceptions)

Federal law requires PHAs to permanently deny admission for:

Disqualifying Offense	Duration
Methamphetamine production on federally-assisted property	Permanent / Lifetime
Lifetime sex offender registration requirement	Permanent / Lifetime

Three-Year Ban

PHAs must deny admission for 3 years if any household member was evicted from federally-assisted housing for drug-related activity.

💡 REHABILITATION EXCEPTION

PHAs have discretion to admit you before the 3 years if you can demonstrate successful completion of a rehabilitation program. Gather certificates, treatment records, and support letters.

"One-Strike" Policy

HUD is currently encouraging PHAs to use their termination authority for:

Criminal drug use by any household member
Violent behavior threatening community safety
Drug-related criminal activity on or near the premises

Note: "One-Strike" is permissive, not mandatory. PHAs choose whether to implement it and how strictly.

3. Local Protection: NYC Fair Chance Housing Act

While federal protections weakened, New York City's Fair Chance Housing Act (active 2026) created the strongest housing protections in U.S. history.

How It Works

Conditional Offer First: Landlords cannot run a background check or ask about criminal history until after evaluating your general eligibility (income, credit) and making a conditional offer
Limited Lookback: Most NYC landlords can only consider felonies from the last 5 years and misdemeanors from the last 3 years
Sex Offense Exception: Sex offenses have no time limit
Individualized Assessment Required: If they consider your record, they must evaluate the specific circumstances

What's Illegal in NYC

Including "no felons" or "background check required" in housing ads
Asking about criminal history on initial applications
Running background checks before making a conditional offer
Denying based on arrests without conviction
Denying based on "non-reviewable" records (outside lookback periods)

🏙️ OTHER CITIES WITH FAIR CHANCE HOUSING

Newark, NJ (2021) | San Francisco, CA | Seattle, WA | Cook County, IL (Chicago area) — Check your city/county for local protections that may exceed federal rules.

4. How to Appeal a Housing Denial

If you're denied housing based on your record, you have legal options. Act quickly—deadlines matter.

Step 1: Get Everything in Writing

Request a formal written denial stating the specific conviction(s) used to reject you
If a background check company was used, you're entitled to a free copy of the report under FCRA
Note the deadline to appeal — missing it can permanently end your application

Step 2: Build Your Rehabilitation Portfolio

Focus on "mitigating factors" and who you are today:

Document Type	What It Shows
Program Certificates	Education, workforce development, treatment completion
Support Letters	Character references from clergy, employers, teachers, stable roommates
Stability Proof	Ability to pay rent (pay stubs, voucher documentation, bank statements)
Time Evidence	Documentation showing time passed since offense

Step 3: Request Reasonable Accommodation

💡 DISABILITY-RELATED CONVICTIONS

If your past convictions were directly related to a disability—including past alcohol or drug addiction—you may request a Reasonable Accommodation under the Fair Housing Act. This may require the landlord to overlook those specific background issues. Document the connection between the disability and the conduct.

Step 4: File a Complaint If Necessary

HUD Complaint: [EXTERNAL: File online at hud.gov → hud.gov/program_offices/fair_housing_equal_opp/online-complaint]
State/Local Agency: Many states have fair housing enforcement agencies
Legal Aid: [EXTERNAL: Find free legal help → lsc.gov/what-legal-aid/find-legal-aid]

5. Private Landlord Strategies

Private landlords not receiving federal assistance have more discretion—but you have strategies to improve your chances.

Before You Apply

Audit your record first — Check for errors and dispute them before landlords see them
Know your local lookback limits — Many cities limit how far back landlords can look
Prepare your rehabilitation portfolio — Have documents ready before you need them
Get your record cleared if possible — Expungement or sealing is the most powerful tool

During the Application Process

Lead with your strengths — Emphasize stable income, good rental history, references
Offer to meet in person — A face-to-face meeting humanizes you beyond paperwork
Be honest but strategic — Don't volunteer information not required; don't lie if asked
Offer risk mitigation — Larger deposit, co-signer, or longer lease term

Target the Right Landlords

Individual landlords over large property management companies
Landlords who don't advertise "background check required"
Properties in cities with fair-chance housing laws
Landlords who accept Section 8/Housing Choice Vouchers (often more flexible)

→ Need help clearing your record first? [INTERNAL: Expungement & Record Sealing Guide] | [PRODUCT: DIY Expungement Workbooks ($59.99)]

6. Immigration Warning

🚨 NON-CITIZENS: HOUSING DENIALS CAN TRIGGER IMMIGRATION ISSUES

If you are not a U.S. citizen, be aware that public housing applications may involve background checks that share information with federal databases. Additionally, certain convictions can affect your immigration status independently of housing. Consult an immigration attorney before applying for federally-assisted housing if you have any criminal history.

✅ Housing Rights Checklist

Audit Your Record: Check for errors before applying so you can dispute them
Know the Lookback: Determine if you live in a city/state with 3- or 5-year limits
Check Local Laws: Your city may have stronger protections than federal rules
Watch the Clock: Public housing denial letters specify appeal deadlines—don't miss them
Build Your Portfolio: Gather rehabilitation evidence before you need it
Document Violations: If denied for non-reviewable records or arrests only, document for potential complaint
Know Your Rights: FHA protections still apply even after federal guidance changes

📖 Glossary of Housing Terms

Clearing up the most common misunderstandings about expungement:

Term	Definition
HUD	Department of Housing and Urban Development — Federal agency overseeing housing policy
FHA	Fair Housing Act — Federal law prohibiting housing discrimination
Section 8	Housing Choice Voucher Program — Federal rental assistance for low-income families
Lookback Period	How far back a landlord can consider criminal history (varies by location)
Individualized Assessment	Case-by-case evaluation of your specific circumstances, not blanket denial
One-Strike	Policy allowing termination for single drug or criminal incident (permissive, not mandatory)
Reasonable Accommodation	Modification to rules/policies for people with disabilities under FHA
Conditional Offer	Preliminary approval before background check is run (required in some cities)
PHA	Public Housing Authority — Local agency administering public housing and vouchers

❌Myth	✅Truth

📚 Resources & Authority Links

HUD Fair Housing Complaint Portal → hud.gov/program_offices/fair_housing_equal_opp/online-complaint

Legal Services Corporation - Find Legal Aid → lsc.gov/what-legal-aid/find-legal-aid

NYC Fair Chance Housing Complaint Portal → nyc.gov/site/cchr/law/fair-chance-act-housing.page

NYC Commission on Human Rights - File a Complaint → nyc.gov/site/cchr/about/report-discrimination.page

Official Government:

FFJN Resources

A record doesn't have to end your professional dreams — it just changes the path.

Request a Pre-Determination. Build your rehabilitation portfolio. Be honest. Many boards are required by 2026 reforms to consider you fairly — and thousands of licensed professionals once stood where you stand now.