This article provides information in response to various questions that I (Jodie McDougal) have received over the past several months regarding the April 4, 2016, Memorandum (the “Memorandum”) published by the U.S. Department of Housing and Urban Development (“HUD”). The Memorandum’s intended purpose is to provide guidance on how the Fair Housing Act (the “FHA”) standards apply to the use of criminal records by housing providers. This article provides an overview of HUD’s Memorandum, including certain legal concepts discussed within the Memorandum, followed by a discussion of some practical “dos” and “don’ts” regarding the use of criminal records by landlords and other housing providers.
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