News & Analysis as of

Criminal Records Rental Property

Hudson Cook, LLP

"Reducing Barriers to HUD-Assisted Housing": HUD NPR for Use of Criminal History in Tenant Screening and Termination At...

Hudson Cook, LLP on

Under a Department of Housing and Urban Development (HUD) proposed rule published April 10, new procedural protections would apply to criminal history screening of rental applicants to HUD-assisted housing....more

Troutman Pepper

HUD Issues Rulemaking Amending Regulations Governing Admission to Public Housing for Applicants with Criminal Records

Troutman Pepper on

Last week, the U.S. Department of Housing and Urban Development (HUD) issued a Notice of Proposed Rulemaking, seeking public comment on its proposal to amend existing regulations that govern admission to public housing and...more

Ballard Spahr LLP

Prince George’s County to Cap Rent Increases, CFPB Looks at Tenant Screening

Ballard Spahr LLP on

Summary - The Prince George’s County Council recently approved the Rent Stabilization Act of 2023 (Act), which limits residential rent increases to 3 percent for the next year. Separately, the Consumer Financial Protection...more

Troutman Pepper

The CFPB and FTC Continue to Focus on Tenant Screening

Troutman Pepper on

On February 28, the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB) jointly issued a Request for Information, seeking public comment on how background screening affects individuals seeking...more

Troutman Pepper

CDIA & PBSA Amicus Brief Advocates Landlords’ First Amendment Right to Conduct Criminal Background Checks

Troutman Pepper on

In November, the Consumer Data Industry Association (CDIA) and the Professional Background Screening Association (PBSA) joined forces to submit an amicus brief in support of landlords’ First Amendment right to conduct...more

Seyfarth Shaw LLP

Head’s Up: Increased Risk of Consumer Class Actions With Growing Trend of Local Restrictions on Reporting and Considering...

Seyfarth Shaw LLP on

On January 21, 2020, the Oakland City Council unanimously passed the Fair Chance Housing Ordinance (“FCHO”), which will restrict landlords in their ability to reject a potential tenant because of prior criminal history. It...more

Davis Wright Tremaine LLP

Washington Supreme Court Clarifies and Likely Expands State and Local Regulatory Power in Pair of Housing Decisions

Washington’s Supreme Court published a pair of opinions last Thursday that are likely to give much wider berth to state and local policymakers across the field of land use and environmental regulation. ...more

Troutman Pepper

The Changing Landscape of Housing Admissions for Landlords: Life in the Wake of the April 4, 2016 OGC Guidance

Troutman Pepper on

The message from HUD is certainly confusing: don't discriminate, but use your discretion. It is enough to strike fear into the heart (and liability insurer) of even a seasoned property owner and manager. The common advice to...more

Holland & Knight LLP

HUD Releases Guidance on Criminal Background Checks by Housing Providers

Holland & Knight LLP on

The U.S. Department of Housing and Urban Development (HUD) on April 4, 2016, issued guidance addressing Fair Housing Act liability regarding the use of criminal background checks or screenings in housing determinations....more

Ballard Spahr LLP

HUD Releases Guidance on Fair Housing and Criminal Screening in Private Housing

Ballard Spahr LLP on

The U.S. Department of Housing and Urban Development (HUD) issued new guidance on April 4, 2016, on the use of criminal conviction records by housing providers in screening applicants. The guidance advises housing providers...more

Lowndes

HUD Determines That Blanket Bans of Ex-Offenders is Illegal Under the Fair Housing Act

Lowndes on

On April 4, 2016, the U.S. Department of Housing and Urban Development (“HUD”) issued guidance on its interpretation of how the Fair Housing Act applies to housing providers’ policies that ban residents with criminal records....more

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