Guidance for Landlords on Using Arrest and Conviction Records When Screening Tenants

Guidance from HUD doesn't carry full legal authority, but judges will find it highly persuasive.

A guidance memo issued by HUD in April, 2015, tells landlords that they should never use "arrest only" criminal histories as a factor in denying housing to applicants. Conviction records, however, may be relevant, depending on the nature and age of the conviction. For a complete analysis of the guidance and its implications, see Nolo's article, "HUD Guidance Memo on Landlords’ Use of Arrest and Conviction Records."