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

In accordance with Fair Housing Law, landlords in Washington are not allowed to deny rental applications solely based on a tenant’s criminal background. It is considered discriminatory by the U.S. Department of Housing and Urban Development (HUD) to use this information as a basis for denying a tenant’s application. Under the Fair Housing Act, a landlord may not reject an applicant solely based on his or her arrest record, convictions, or any other information related to criminal history. In certain cases, a landlord may consider a tenant’s criminal history when wanting to evaluate their potential risk as a renter, but they must consider other factors when making their decision. Landlords must look at the age of the criminal conviction, the severity of the crime, the tenant’s current behavior and how long ago it occurred. In Washington, there are some exceptions to this rule including a landlord who only rents to tenants aged 55 or older, and has a written policy to deny any applications based on criminal history. A landlord also has the right to deny an application if they believe that the tenant poses a direct threat to the safety or property of other tenants or the landlord. Overall, under Fair Housing Law in Washington, landlords are not allowed to deny rental applications solely based on a tenant’s criminal background. However, in certain cases, a landlord may consider a tenant’s criminal history when wanting to evaluate their potential risk as a renter.

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