Author: Andrew Morse, Special Project Coordinator at BVCIL
No federal law specifically prohibits persons with criminal records from being discriminated against. Take a minute and let that sink in. The United States legal system assumes one’s innocence until he or she is proven guilty yet former convicts and even arrestees are finding society’s doors closed to them, regardless of their guilt or innocence. One area where those with a criminal record are openly discriminated against is the rental housing market. If the circumstances surrounding the alleged act are considered serious enough, a person may find their opportunity to rent suitable housing completely barred.
The state of Texas was ranked 30th out of 51 states in a study by the Legal Action Center on state legal barriers facing people with criminal records.[1] While the overall rank is around the middle, Texas ranks very poorly in a few specific areas. The report analyzes the number (1-10) of roadblocks present in seven different areas; Texas has 10 roadblocks in the Employment area. This is a concern for those looking to rent housing because it could limit an individual’s ability to qualify for a lease and pay the rent. With regard to housing, Texas has zero public housing roadblocks. This may seem like a victory, but taking a closer look reveals indirect roadblocks, particularly in the private rental market, that may not be accounted for in the study. For example, Texas has 8 roadblocks in place for the Access to Criminal Records category. It is very difficult to have older convictions removed and criminal records are easily accessible to landlords via the internet. When taken as a whole, the reported roadblocks Texas has in place for those with criminal convictions can have a negative cumulative effect on one’s ability to find suitable rental housing. No one factor or roadblock may prevent an individual from renting, but several factors combined may act as a total ban from the rental market.
So the situation is hopeless, right? Not necessarily. While many private landlords and Public Housing Authorities deny housing based on criminal convictions and even arrests, they are generally not required to do so. This means that an individual may challenge those exclusions and win, especially when it comes to Public Housing Authorities. Here are a few more tips for those with criminal records looking for rental housing:
Obtain a certified copy of your criminal record – This can usually be accomplished by requesting a background check from the responsible state law enforcement agency. For example, Texas Department of Public Safety (DPS) is responsible for criminal background checks in Texas.
Read your background check report carefully for errors – Simply because the record is “official,” does not mean that it is accurate. Check for errors on the report to verify that the convictions, arrests, and all other information is accurate. Pay close attention to the name on the report as that is a common error that leads to many wrongful rejections on apartment applications.
Find out your state’s policy on expunging or sealing criminal records – This is often a difficult road to travel, but it may be worth it to remove troublesome convictions or arrests from your record.
While rental application rejections due to a less than stellar criminal record may seem like a niche problem, it is not. The number of people arrested each year for “minor,” non-violent crimes continues to grow. As it does, the number of individuals potentially excluded from suitable rental housing grows as well. This is a serious problem needing immediate attention.
[1] After Prison: Roadblocks to Re-entry, A Report on State Legal Barriers Facing People with Criminal Records; Legal Action Center, 2009. http://lac.org/roadblocks-to-reentry/upload/reportcards/43_Image_Texas%20final.pdf
Andrew Morse is our Housing and Advocacy Specialist here at BVCIL. For more information on housing or questions about the above article, call us at 979-776-5505 and we’ll get you the information you are looking for.