Can a landlord in Texas turn you down because of a criminal record?
Generally, yes. Landlords may run criminal background checks, and a criminal record is not a protected category under federal or Texas fair housing law. But if a landlord rejects you based on a background check report, the Fair Credit Reporting Act requires the landlord to tell you and explain your rights to the report, and the Federal Trade Commission has said a blanket ban on anyone with a record may violate the Fair Housing Act.
- A criminal record can affect your ability to rent, not just your job prospects.
- Landlords may run criminal background checks on rental applicants.
- A criminal record is not a protected category under fair housing law, but blanket bans may still violate the Fair Housing Act.
- If you are rejected based on a background check report, the landlord must tell you, identify the reporting company, and explain your right to a free copy and to dispute errors.
- Avoiding a conviction in the first place is the best protection.
Are you facing criminal charges in Dallas or anywhere else in the Lone Star State? If so, it’s very important that you understand that a criminal record cannot only affect employment for years to come, but it can affect your ability to rent an apartment or house. “But how is this possible?” The answer is criminal background checks.
It is within a landlord’s right to run a criminal background check on an applicant. So, if you were to fill out an application for an apartment or house, the landlord could easily take your Social Security number and check to see if you have a criminal record, and in doing so, he or she would not be violating your rights or the law.
Sometimes however, a landlord will ask someone if they have a criminal record before the person applies for the apartment. In these cases, the landlord might say, “Oh, you have a record? Then don’t even bother applying. I don’t rent to people with convictions.”
A criminal record is not a protected category under federal or Texas fair housing law. Even so, the Federal Trade Commission has said that a blanket policy of refusing to rent to anyone with a criminal record may violate the Fair Housing Act. Claims like that turn on whether the policy falls harder on people in groups the law protects. If you believe a landlord treated you differently because of your race, religion or another protected characteristic, you can report housing discrimination to HUD.
When You’re Rejected Due to Your Record
Once you have a criminal record, finding affordable housing in a safe neighborhood can become a real challenge because many apartment complexes check the criminal records of applicants. If a landlord rejects you based on information in a background check report, the federal Fair Credit Reporting Act requires the landlord to:
- Tell you about the rejection, orally, electronically, or in writing.
- Give you the name, address and phone number of the company that supplied the report, and tell you that the company did not make the decision.
- Tell you that you can get a free copy of the report if you ask within 60 days, and that you can dispute anything inaccurate in it.
Suggested reading: Navigating Through Your Courtroom Appearance
The best way to avoid housing difficulties in the future is to avoid a conviction in the first place. To fight your criminal charges, contact Dallas Criminal Defense Attorney, Peter Barrett at (214) 526-0555 today.
If a landlord rejects you over a background check
The Fair Credit Reporting Act attaches specific duties to that rejection. In order:
- The landlord must tell you that the background check report was the reason for the denial or the stricter terms.
- They must identify the reporting company that supplied the report, with its contact details.
- You get a free copy. You have the right to obtain the report from that company at no charge.
- You can dispute errors. Wrong identities, cases that were dismissed, and records that should have been sealed appear on these reports constantly, and the company must investigate a dispute.
- Blanket bans are challengeable. The Federal Trade Commission has said a policy of rejecting anyone with any record, regardless of circumstances, may violate the Fair Housing Act.
The durable fix is the record itself. Whether a case can be expunged or sealed, and what still shows afterwards, is covered in expunction vs nondisclosure in Texas.
Common questions
Is it legal for a landlord to check my criminal record?
Yes. Landlords may run criminal background checks, and when they use a consumer report they must follow the Fair Credit Reporting Act.
What must a landlord tell me if my application is rejected because of a report?
The landlord must tell you about the rejection, give you the name, address and phone number of the company that supplied the report, say that the company did not make the decision, and tell you that you can get a free copy within 60 days and dispute anything inaccurate.
Can a landlord refuse everyone with a criminal record?
A criminal record is not a protected category, but the Federal Trade Commission has said a blanket policy of refusing anyone with a record may violate the Fair Housing Act. Whether a particular policy is unlawful depends on the facts.
How do I protect my ability to rent after an arrest?
The strongest protection is avoiding a conviction. Depending on how your case ends, you may also be able to have records cleared or sealed, which a criminal defense attorney can review with you.
The law this article describes, at the source. Every figure above can be checked against it.
This article is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed Texas criminal defense attorney about your specific facts. Request a free case review.