HUD recently announced a new policy that Public Housing Authorities and federally-assisted properties should exclude the use of arrest records in housing decisions. Although this policy is not directed at most private landlords, it does provide some insight into what HUD is looking at in regards to disparate impact claims for criminal background checks. Arrest records may still be used, but landlords need to set up policies regarding those records that are consistently applied. Usually arrest records by themselves will not be enough for housing authorities and federally-assisted properties to disqualify an applicant, terminate housing assistance, or for an eviction.
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