Are landlords allowed to deny rental applications based on a tenant’s criminal background in accordance with Fair Housing Law?
In the state of Michigan, landlords are allowed to deny rental applications based on a tenant’s criminal background in accordance with Fair Housing Law. The Federal Fair Housing Act of 1968 states that it is illegal for a landlord to refuse to rent housing to people based on their race, color, national origin, religion, sex, familial status, and disability. This includes people with criminal records. However, landlords are allowed to run a criminal background check and consider any criminal history that is revealed, as long as they apply the same criteria for everyone. Landlords must also adhere to state and local laws when it comes to tenant screening. For example, Michigan’s fair housing rules state that landlords cannot deny an applicant simply because they have a criminal record. A landlord must consider the nature and severity of the crime, the amount of time that has passed since the conviction, and the potential risk that the tenant poses to other tenants. The landlord must also provide the applicant with an opportunity to explain their criminal record. Ultimately, when it comes to rental applications, tenants with criminal records are not completely barred from renting in Michigan. However, landlords must consider the facts of the crime and make an informed decision regarding the tenant’s application. Fair consideration of all tenants is required by Fair Housing Law.
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