Criminal Records Present Lifelong Barriers
One in three people in the United States has a criminal record. Unfortunately, for most people with a criminal record, life doesn’t just go “back to normal” after paying their debt to society. Having a record — even a misdemeanor — comes with thousands of potential collateral sanctions, or the “unanticipated, after-the-fact consequences of obtaining a criminal record.” Examples of these barriers faced by folks with records include exclusion from jobs, student loans, college acceptance, and even housing. Additionally, housing barriers are unequally experienced by people of color, and Black people in particular, who are disproportionately impacted by the criminal legal system. These collateral sanctions make it extremely difficult for returning citizens to move on with their lives and get ahead after serving their sentences. One study found that 79 percent of formerly incarcerated people and their families surveyed reported being denied housing due to a criminal conviction. Formerly incarcerated people are also 10 times to 13 times more likely to experience homelessness than those who have not been incarcerated.
One study found that 79 percent of formerly incarcerated people and their families surveyed reported being denied housing due to a criminal conviction.
So, what can be done? On a large scale, there’s no shortage of changes that need to be made in order for our system to become truly equitable. And while advocates continue to work to address inequities in the criminal legal system, this type of large-scale systemic change takes time — a lot of time. However, that doesn’t mean that folks with records are without options while waiting for broader societal changes to be made. On an individual level, people with criminal records can (and should) turn to fair housing law for help in overcoming these barriers. A new digital toolkit, developed by the Fair Housing Center for Rights & Research, aims to provide fair housing guidance for formerly incarcerated individuals, their family members, and professionals advocating for folks impacted by the criminal legal system.
New Digital Toolkit Offers Guidance
While federal fair housing law does not explicitly prohibit criminal background screening, the U.S. Department of Housing and Urban Development has issued guidance and a memo about how the Fair Housing Act applies to housing policies with regard to criminal background checks. Recognizing that criminal history is an inaccurate predictor of housing success, the memo recommends that private housing providers avoid using criminal history altogether to screen tenants. For housing providers who choose to screen tenants using criminal background checks, HUD has provided guidance for them to do so, while remaining in compliance with fair housing law. This guidance is included in The Fair Housing Center’s new toolkit, so that readers with records can access the most up-to-date information on their fair housing rights.
The toolkit, Fair Housing for People with a Criminal Record, provides a comprehensive overview of fair housing law and information specific to criminal record-related housing barriers. Included in the toolkit’s FAQ section are detailed instructions on appealing the denial of a housing application based on criminal screening information, as well as a sample letter, which can be used to request an in-person meeting with a housing provider to appeal the denial. In addition, the toolkit provides a range of solutions for overcoming barriers to fair housing, including a number of local and national organizations that are available as resources.
Fair Housing Benefits Everyone
Stable housing is an incredibly foundational part of a person’s life, and often key to overall success in all other areas of a person’s life. When folks don’t have to worry about where they lay their heads at night, they are able to devote their time and energy to improving other areas of their lives — helping themselves, their families, and their communities thrive. Studies show the positive and life-changing effects of stable, safe, and affordable housing on a person’s life. A 2020 study on the impact of criminal convictions in Cuyahoga County’s Project-Based Section 8 housing supports the reduction of housing barriers for returning citizens, saying those who obtained housing post-incarceration experienced “lower individual risks for recidivism, restored familial relationships, [and] stronger community relationships.” Children of formerly incarcerated individuals even experienced a lower risk of incarceration in their adult lives when their parents were able to obtain housing after reentering society. No matter a person’s past, every single person living in the United States should have equitable access to the most basic human right — a place to call home.