Having a criminal record makes finding housing much harder. There's no getting around that. But here's what many people don't realize: it doesn't make it impossible. Different housing programs have different rules, and the law is actually more on your side than most people assume. This guide explains what housing programs can and cannot require, what your rights are, and what steps you can take to improve your chances.

The Reality

A criminal record is a serious barrier to housing, but it is not a permanent barrier. Many people with criminal histories successfully access housing — through Section 8 (Housing Choice Vouchers), public housing, LIHTC properties, and the private market. The key is understanding the actual rules, not the assumptions or stereotypes that landlords and housing providers often apply.

What Housing Programs Actually Require

Section 8 (Housing Choice Vouchers)

PHAs (Public Housing Authorities) have wide discretion in setting screening policies for Section 8. However, there are very specific mandatory exclusions — things that must result in denial. Beyond those, PHAs have a choice.

Mandatory exclusions from Section 8:

  • Conviction for manufacturing methamphetamine in federally-assisted housing
  • Lifetime sex offender registration requirement under state law

That's it. Those are the only two mandatory exclusions under federal law.

Everything else is the PHA's discretion. This means a PHA can deny you based on other criminal activity, but they are not required to. A PHA could approve you even with serious felonies, if they choose to. Each PHA sets its own policy.

Public Housing

Public housing has the same mandatory exclusions as Section 8: meth manufacturing in federally-assisted housing and lifetime sex offender registration. Beyond that, PHAs can deny applicants based on criminal activity, but are not required to do so.

LIHTC (Low-Income Housing Tax Credit) Properties

LIHTC properties don't have federal criminal record requirements. Each property sets its own policy. Some properties are very lenient; others are strict. This means your chances vary widely depending on the property. The key is to apply to multiple properties and find the ones that will work with you.

Private Market

Private landlords set their own policies. They can deny based on criminal history, with one major exception: they cannot use criminal background screening in a way that has a disparate impact on protected classes (race, ethnicity, national origin, disability, etc.).

The Law is Stronger Than Most People Realize

When a PHA or landlord tells you they automatically deny all applicants with criminal records, that's usually illegal, even when they're allowed to deny based on criminal history. The Fair Housing Act requires "individualized assessment" — they must look at your specific situation, not apply a blanket policy.

HUD's Guidance on Criminal Records

The 2016 Office of General Counsel Guidance

In 2016, HUD's Office of General Counsel issued guidance stating that blanket bans on all people with criminal records likely violate the Fair Housing Act due to disparate impact on communities of color. The guidance said that PHAs and housing providers should:

  • Conduct individualized assessments rather than blanket denials
  • Consider the nature and severity of the offense, how long ago it occurred, and evidence of rehabilitation
  • Not deny based solely on an arrest record (arrest ≠ conviction)

Important caveat: In January 2025, HUD withdrew a formal proposed rule based on this guidance (the "Advance Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Housing-Related Services"). This withdrawal reflects a change in administration priorities. However, the underlying principle — that blanket criminal records bans can violate Fair Housing Act — is still based on decades of case law and remains a legal argument you can make.

The Fair Housing Act's protections against disparate impact are still in place, and disparate impact claims based on criminal background screening remain a viable legal avenue.

What This Means for You

Even without the formal rule, many PHAs and housing providers are still following individualized assessment practices because it's the legally safer approach. This works in your favor. You can argue for individualized assessment if you're facing a blanket denial.

Your Right to Individualized Assessment

Whether you're applying for Section 8, public housing, or a LIHTC property, you have a right to have your situation considered individually, not subjected to a blanket ban. Here's what that means:

The PHA or property must consider:

  • The nature of the offense (violent vs. non-violent, property vs. drug-related, etc.)
  • The severity of the offense
  • How long ago the offense occurred
  • Your conduct since the offense (employment, stability, program completion)
  • Evidence of rehabilitation or changed circumstances
  • Letters of support or character references

This is your opportunity to tell your story, not just your record.

Steps to Take If You Have a Criminal Record

Step 1: Get Your Criminal Record

Request a copy of your criminal record from your state's criminal records repository. You need to know what's actually on record — sometimes there are errors, and sometimes charges were dropped or expunged without your knowledge. Knowing what you're dealing with is essential.

Contact your state's attorney general's office or the state police for instructions on how to request your record. Some states allow online requests; others require mail-in or in-person requests.

Step 2: Look Into Record Expungement or Sealing

Depending on your state and the nature of your offense, you may be eligible to have your record expunged (erased) or sealed (hidden from landlords and employers). This is valuable — an expunged or sealed record doesn't have to be disclosed to most housing providers.

Eligibility varies widely by state and offense type. Contact your state attorney general's office, a legal aid organization, or a criminal defense attorney (many offer free consultations) to find out if you're eligible.

Resources:

Step 3: Look Into Certificates of Rehabilitation

Some states offer "certificates of rehabilitation" — official documents that demonstrate rehabilitation and often provide legal protection against housing discrimination. If your state offers these, getting one can be powerful evidence of your rehabilitation.

This varies by state. Contact your state's pardon/clemency office or ask a legal aid attorney.

Step 4: Prepare a Personal Statement

Before any interview, prepare a personal statement (1-2 pages) that explains:

  • Your offense (be honest and take responsibility)
  • What led you to it and your circumstances at the time
  • What has changed since then — growth, programs completed, employment, family support, etc.
  • Why you're ready for housing now
  • Your commitment to being a good tenant

Keep it honest, take responsibility, and focus on change and rehabilitation. Don't make excuses, but do provide context. PHAs and property managers appreciate applicants who are straight with them.

Step 5: Gather Supporting Documentation

Bring evidence of rehabilitation to any interview:

  • Employment history or current job letter
  • Completion certificates from treatment programs, counseling, vocational training
  • Character references from employers, counselors, mentors, religious leaders, teachers
  • Volunteer work or community involvement
  • Letters of support from family members
  • Letters from people in stable housing vouching for your reliability

The more concrete evidence you have, the stronger your case.

If You're Denied

Get the Reason in Writing

If you're denied housing, you have the right to know why. Request the reason in writing. Many PHAs and properties are required to provide this. If they don't volunteer it, ask explicitly: "I want to request a written explanation for the denial of my application."

This gives you documentation of the reason and may reveal if an illegal blanket ban was applied.

Appeal (If Available)

If you're applying to Section 8 or public housing, you usually have the right to an informal hearing to appeal the denial. This is your chance to present your case, answer questions, and provide documents.

Ask the PHA about their appeal process and deadline — these are usually short (10-30 days).

Consult a Legal Aid Attorney

If you were denied and you believe the denial was unfair, discriminatory, or based on a blanket policy (rather than individualized assessment), contact a legal aid attorney. Many legal aid offices handle housing cases pro bono (for free).

Contact:

  • lawhelp.org — Find free and low-cost legal help in your state
  • Your local legal aid office (search "[your city] legal aid" or call 211)

Apply to Multiple Programs and Properties

Don't put all your hope in one application. Apply to multiple Section 8 waiting lists (you can apply to unlimited PHAs), look at multiple LIHTC properties, and consider other programs. Different properties and programs have different screening standards — some will work with you, others won't. Your goal is to find the ones that will.

An Arrest is Not a Conviction

Under HUD's 2016 guidance (which remains the strongest interpretation of Fair Housing Act standards), no housing provider should deny you based solely on an arrest record. An arrest does not mean you committed a crime. If a landlord or PHA denies you because of an arrest record alone — without a conviction — that may be illegal. Document it and consult a legal aid attorney.

Key Takeaways

  • Section 8 and public housing have only TWO mandatory criminal record exclusions: meth manufacturing in federal housing and lifetime sex offender registration.
  • Beyond that, PHAs have discretion, meaning they can approve you even with serious felonies.
  • You have a right to individualized assessment — your specific circumstances must be considered, not a blanket ban applied.
  • Get your criminal record, explore expungement or sealing, prepare a personal statement, and gather evidence of rehabilitation.
  • If denied, request the reason in writing, appeal if possible, and consider consulting a legal aid attorney.
  • Apply to multiple programs and properties — different ones have different standards.

Related Resources

Appeal a Housing Denial

Step-by-step guide to appealing a Section 8 or public housing denial.

File a Discrimination Complaint

How to file a fair housing complaint if you believe discrimination occurred.

Document Checklist

Complete list of documents to gather for housing applications.