Are landlords allowed to deny rental applications based on a tenant’s criminal background in accordance with Fair Housing Law?

In Massachusetts, landlords are allowed to deny a tenant’s rental application based on a criminal background check and in accordance with Fair Housing Law. The Fair Housing Act outlines what is known as the "Fair Credit Reporting Act" which states that landlords can use consumer reports such as criminal background checks to determine whether they should approve a tenant. However, the Fair Housing Act also requires landlords to provide written notice to the tenant of the decision to deny their rental application. Additionally, landlords must provide a tenant with a copy of their criminal background check to allow the tenant to challenge any inaccurate or incomplete information. It is important to understand that when considering a tenant’s criminal background, landlords must prove that the tenant’s criminal history is related to their qualifications for tenancy. In other words, if the landlord cannot show a reasonable connection between the tenant’s criminal history and their qualifications for tenancy, then the landlord’s decision to deny a rental application will be unlawful. Therefore, to comply with Fair Housing Law in Massachusetts, landlords are allowed to deny rental applications based on a tenant’s criminal background. However, landlords must provide written notice to the tenant of their decision and provide a copy of their criminal background check for the tenant to be able to challenge the accuracy of the report.

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Are landlords allowed to deny rental applications based on a tenant’s criminal background in accordance with Fair Housing Law?

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