About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

53 U. Rich. L. Rev. 923 (2018-2019)
Racism Knocking at the Door: The Use of Criminal Background Checks in Rental Housing

handle is hein.journals/urich53 and id is 959 raw text is: RACISM KNOCKING AT THE DOOR: THE USE OF CRIMINAL BACKGROUND CHECKS IN RENTAL HOUSING Valerie Schneider * ABSTRACT One of the harshest collateral consequences of an arrest or con- viction is the impact a criminal record can have on one's ability to secure housing. Because racial bias permeates every aspect of the criminal justice system as well as the housing market, this collat- eral consequence-the inability to find a place to live after an ar- rest or conviction-disproportionately affects minorities. In 2016, after decades of appearing to encourage local public housing providers to adopt harsh policies barring applicants with criminal records, the Office of General Counsel for the United States Department of Housing and Urban Development (HUD) issued guidance instructing public and private housing providers to take in to account the potentially disparate effects of such poli- cies on racial minorities (the HUD Guidance'). Recognizing that African Americans and Latinos are arrested, convicted and in- carcerated at rates disproportionate to their share of the general population, HUD advised that any policy that restricts access to housing on the basis of criminal history may have an unlawful disparate impact based on race. The HUD Guidance on the potentially disparate impact of the use of criminal background checks has remained in place, though it is expected to be rolled back like many other Obama-era policies; * Associate Professor of Law, Howard University School of Law. J.D., 2006, George Washington University Law School; B.A., 1998, University of Pennsylvania. The author expresses gratitude to Dean Holley-Walker and the Howard University School of Law, which funded her research through a summer stipend, and to the individual members of the Howard University School of Law faculty who provided feedback in the early stages of drafting. Additionally, the author would like to thank Professor Carol Brown and the University of Richmond Law Review for putting together a thought-provoking sympo- sium on the Fiftieth Anniversary of the Fair Housing Act. Finally, the author thanks her excellent research assistant, Candace Caruthers, for her thorough and thoughtful work. 923

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most