DOJ Begins Suing Landlords That Use Criminal Background Checks to Screen Prospective Tenants
LAS VEGAS, NV – The U.S. Department of Justice (DOJ) has stepped-up enforcement of a federal civil rights law known as the Fair Housing Act that prohibits housing discrimination based on race or color, religion, sex, national origin, familial status or disability.
In particular, the DOJ is focusing on an aspect of the Fair Housing Act that was added in 2016 by the Obama Admin’s U.S. Department of Housing and Urban Development (HUD) that forbade landlords and property owners from utilizing background checks to screen prospective tenants to ensure they do not have criminal records before allowing them to rent their properties.
At the time that the ban on criminal background checks was instituted, the HUD General Counsel at the time, Helen R. Kanovsky, wrote that the new rule was needed – even if no discrimination whatsoever was intended on the part of a property owner – “because of widespread racial and ethnic disparities in the U.S. criminal justice system, criminal history-based restrictions on access to housing are likely disproportionately to burden African Americans and Hispanics.”
Recently, the feds have ramped-up their efforts to aggressively pursue landlords in the instances that this practice has been alleged to have occurred, filing lawsuits against them. One recent example involves legal action taken against Suburban Heights, an apartment complex in Kinloch, Missouri, with the DOJ claiming that management has been actively violating the Fair Housing Act since 2015 by actively and disproportionately discriminating against potential Black renters with criminal histories – including felony convictions – more than their White counterparts.
The DOJ further noted statistical Black-White racial disparities in conviction and incarceration rates in the United States, saying landlord background screenings unfairly hurt Black renters once they have served their time and are looking to re-enter society.
Incarceration data indicates that Black individuals are significantly more likely than White individuals to have the types of convictions covered by Suburban Heights’ Criminal History Ban,” the DOJ said in court documents. “This is true nationwide and, to an even greater extent, in St. Louis City and St. Louis County. Black individuals are at least four times, and often more than five times, more likely than White individuals to be incarcerated in prisons, both at any given point in time and over the course of their lifetimes.”
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