It's no secret that there is a revolving door to the prison system in America today. According to the Department of Justice, 43% of people are arrested again within a year of release from prison. Many factors can contribute to high recidivism rates. Even those with non-violent convictions face barriers. Finding employment is one hurdle, but many face a more pressing need—finding a place to live. Housing challenges are an ongoing, extensive issue in the US.
Many formerly incarcerated people find the rental market decidedly unfriendly toward them. In many places, landlords continue enjoying a wide latitude in what they may consider. With some exceptions, it isn't illegal for landlords to deny an applicant based on a background check. A recent criminal conviction for serious or violent crimes causes owners to consider that individual dangerous.
Blanket denials of applicants for the mere presence of any kind of criminal record are illegal. However, they still occur regularly, even for non-violent offenders. Landlords can simply avoid citing the conviction as the reason for denial. Many rental properties receive numerous applications. That volume makes it easy for some to deny housing to anyone with a record. Communities and lawmakers alike have been striving for solutions.
For example, one property owner aimed to set a unique example in Wyoming. He opened up several homes he owned to recently released offenders. The homes provide a sober living space to allow people to get back on their feet. Arranging housing is often a challenge for offenders, especially just before release. By creating a pipeline directly from release to safe housing, the man hoped to provide much-needed stability. The nine-bedroom homes offer an essential lifeline for re-entering society.
Advocates believe the community needs more resources. Many have focused on legislative efforts to effect long-term change.
Many cities and states have banned the box for employment. In other words, employers can't use application forms to ask if someone has a conviction. Fair chance laws delay background checks until later in the process. Some states have begun adopting a similar approach to housing and real estate.
The efforts have had mixed results so far. Strong headwinds from landlords and real estate lobbyists complicate matters. In Louisiana, for example, professional opposition tanked a law limiting conviction considerations. However, some progress has occurred. In New York, a law now places time limits on conviction information. Felonies older than five years can no longer affect a landlord's decision. In one California county, all tenant background checks have been banned.
Additional regulation of criminal background checks for tenant screening continues to develop nationwide. The rapidly growing regulatory burdens in this space create numerous challenges. These changes are why, effective September 2024, backgroundchecks.com disallowed the use of our services, including credit checks, for tenant screening.
With 16% of all inmates going through a period of homelessness before incarceration, housing insecurity is an apparent problem. The lack of accessible housing for inmates upon release may also contribute to recidivism. For landlords, it is a complex issue. Safety is a valid concern. However, no one should experience unfair discrimination. Following the law and considering the full context of an individual's application is paramount. As regulations increase, landlords will need to adapt.