HUD issues Memo on Background Checks to Housing Providers

In June, HUD issued a memo for HUD funded housing providers advising that using criminal background checks could create fair housing violations. This memo also provided recommendations that currently contradict every day practice for housing providers. In this article, HUD suggests that “private housing providers should consider not using criminal history to screen [applicants] for housing,” citing its recent research that “[c]riminal history is not a good predictor of housing success.” This memo advises to only use criminal history as a means to evict as a last resort. HUD suggests to avoid using software algorithms to make decisions on whether or not to approve an applicant as these programs can contain racial or other prohibited bias by design, and may include inaccurate information about a person.

This memo does not revise the guidance released in 2016.

Upano, N. (2022, October 19). HUD urges housing providers not to use criminal records in screening: National Apartment Association. National Apartment Association. Retrieved November 14, 2022, from https://www.naahq.org/hud-urges-housing-providers-not-use-criminal-records-screening