In many places, yes, but limits apply. The Fair Housing Act bars discrimination, some states and cities restrict criminal history screening, and under the FCRA arrests without a conviction generally cannot be reported after seven years. Any record reported must be accurate.
Whether a landlord can turn you down because of a criminal record depends on federal fair housing law, state and local law, and whether the record was reported correctly.
Fair housing law
The federal Fair Housing Act prohibits housing discrimination based on protected characteristics such as race and national origin. In 2016, HUD issued guidance explaining how criminal history policies could violate the Act. HUD has since withdrawn that guidance, but the Fair Housing Act itself still applies. Some states, counties, and cities have their own laws that limit when and how landlords can consider criminal records, so local rules can matter a great deal.
What the screening report can include
Tenant screening companies are consumer reporting agencies, and the Fair Credit Reporting Act limits what they can report:
- Arrests and other non-conviction records generally cannot be reported once they are more than seven years old (§ 1681c(a)). The salary-based exception for employment does not apply to housing.
- Convictions have no federal time limit.
- Accuracy. Under § 1681e(b), the company must use reasonable procedures to assure maximum possible accuracy. Records belonging to someone else, dismissed cases shown as convictions, and duplicate entries can all be errors.
The CFPB’s November 2022 report on the tenant screening market identified public records, including criminal records, as one of three areas of challenges for renters.
If you are denied
The FTC says a landlord that takes adverse action based on a screening report must give you a notice naming the screening company and explaining your right to a free copy of the report and to dispute it. Get the report, check each criminal entry against court records, and dispute anything that is wrong with the screening company.
If a landlord denied you based on a criminal record that was not yours, too old, or reported inaccurately, a free case review can help you understand your options, with no fee unless we win.
Related
- Tenant screening lawsuits
- How to Dispute a Tenant Screening Report: Evictions, Sealed Records and Wrong-Person Errors
Sources
- 15 U.S.C. § 1681c (Cornell LII)
- 15 U.S.C. § 1681e (Cornell LII)
- FTC: Using Consumer Reports: What Landlords Need to Know
- CFPB: Tenant Background Checks Market (Nov. 2022)
- NLIHC: HUD Withdrawal of Agency Guidance Documents
Updated November 2026. This page is general information, not legal advice.