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Federal housing providers have a number of valid reasons to look at criminal records. They must make sure that their residents feel safe in their homes. While housing providers cannot deny all applicants with a criminal record, they are justified in excluding applicants with a recent history of crimes that threaten the health, safety or right to peaceful enjoyment of the premises by residents and staff. Recent convictions for violent or drug-related crimes often fall under this type of exclusion.
The 2016 HUD guidance balances the need to provide a safe living environment with the Fair Housing Act's nondiscrimination requirements. If a federal housing provider uses criminal history as part of its application review, HUD requires an analysis of whether its policy is discriminatory.