It is very difficult for persons with a criminal history to find housing in the community. State laws create obstacles by bans on where certain types of inmates can live. For example, some states...


It is very difficult for persons with a criminal history to find housing in the community. State laws create obstacles by bans on where certain types of inmates can live. For example, some states restrict pedophiles from living near schools, school bus stops, and playgrounds. In an urban city, it may be near to impossible to find housing that meets this criterion. Also, many private landlords have blanket bans on renting to people with criminal records. In April 2016, Housing and Urban Development (HUD) Secretary Julián Castro issued guidelines to landlords that such blanket bans are illegal under the Fair Housing Act. The directive says that landlords must distinguish between arrests and convictions and cannot use an arrest to ban applicants. Furthermore, the landlord must prove that the exclusion on persons with convictions is justified and they gave consideration to factors like the nature and severity of the crime and how long ago the offense occurred in assessing prospective tenants. (Landlords can exclude those convicted of manufacturing or distributing drugs.) HUD rules require that landlords must prove that their policies against offenders do not discriminate. Do the policies of HUD impose a hardship upon landlords? Explain.



May 05, 2022
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