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

15 Mich. J. Race & L. 181 (2009-2010)
Do Not (Re)Enter: The Rise of Criminal Background Tenant Screening as a Violation of the Fair Housing Act

handle is hein.journals/mjrl15 and id is 183 raw text is: DO NOT (RE)ENTER: THE RISE OF CRIMINAL BACKGROUND TENANT SCREENING AS A VIOLATION OF THE FAIR HOUSING ACT Rebecca Oyama* Increased landlord discrimination against housing applicants with criminal histories has made locating housing in the private market more challenging than ever for individuals with criminal records. Specifically, the increased use of widely available background information in the application process by private housing providers and high error rates in criminal record databases pose particularly difficult obstacles to securing housing. Furthermore, criminal record screening policies disproportionately affect people of color due to high incarceration rates and housing discrimination. This Note examines whether the policies and practices of private housing providers that reject applicants because of their prior criminal records have an unlawful, disparate impact on racial minorities by denying such individuals the benefits of housing in violation of the federal Fair Housing Act, 42 U.S.C. 5 3600, et. seq. The author compares existing enforcement guidance under Title VII employment discrimination law and suggests solutions for balancing the concerns of private housing providers and strong policy reasons behind increasing access to private housing for individuals with criminal records. IN TR O D U C T IO N ........................................................................ 182 I. THE RISE IN CRIMINAL BACKGROUND SEARCHES AND ITS EFFECT ON THE PRIVATE HOUSING MARKET ............................ 184 A. Higher Incarceration Rates Have Increased the Population of Racial Minorities Living with Criminal Records ............ 184 B. The Burgeoning Use and High Error Rates of Public and Commercial Criminal Background Services ................ 187 C. Private Housing Provider Screening Policies and Practices ..... 190 D. Private Housing Providers and Federal Funding: Housing Choice Voucher Program ................................. 192 II. THE COMPOUNDED EFFECTS OF EXCLUSIONARY POLICIES ON R ACIAL M INORITIES ........................................................ 194 A. Effects on the Individual ............................................ 195 B. Effects on Communities ............................................. 197 III. DISPARATE IMPACT TREATMENT OF CRIMINAL BACKGROUND SEARCHES UNDER TITLES VII AND VIII .................................... 199 * J.D. Candidate, 2009, University of Michigan Law School. I am deeply grateful to Professor Judith Levy for her inspirational guidance, Christopher Brancart for his helpful feedback, and the members of the Michigan Journal of Race & Law for their hard work while editing this Note. I would also like to thank my family for their endless support.

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