New HUD guidelines for Tenant Screening policy and criteria

In April 2016 HUD released in guidelines around Disparate Impact. If you aren’t familiar with disparate impact, the information and links below will help you to begin to learn about why your screening policy and criteria may be creating disparate impact.

HUD’s guidelines to using criminal records

Q&A on HUD’s new guidelines

You may violate the Fair Housing Act even when you don’t have any intent to discriminate. A discriminatory effect is assessed using a three-step fact-specific analysis.

1. Evaluating whether or not the criminal history policy or practice has a discriminatory effect.
2. Evaluating whether or not the challenged policy or practice is necessary to achieve a substantial, legitimate, nondiscriminatory interest.
3. Evaluating whether there is a less discriminatory alternative.

For a discussion on how your eviction or criminal records policy may have disparate impact on an applicant, please contact Jim Henderson at

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