HUD Seeks to End Housing Discrimination Against Ex-Offenders

[X Factor]

A new set of guidelines from the Department of Housing and Urban Development will make it tougher for landlords and home sellers to discriminate against applicants who have criminal backgrounds. The guidance, announced Monday by HUD, means that a flat-out refusal to rent or sell to people who have criminal records is discriminatory because minorities—African Americans and Latinos in particular—are disproportionately arrested and imprisoned.
"No American should ever be discriminated against because of their race or ethnicity, even if that discrimination results from a policy that appears neutral on its face," HUD Secretary Julián Castro said Monday during the National Low Income Housing Coalition Policy Forum in Washington D.C. "Black and Latino Americans are unfairly arrested at significantly higher rates than white Americans."

HUD Seeks to End Housing Discrimination Against Ex-Offenders - NBC News

Good ****ing grief. There aren't enough protected classes? Now you're in a protected class based on criminal behavior? If "Black and Latino Americans" are being unfairly arrested, deal with that. Don't make it so that people have to rent their house across the street from a school to a convicted drug dealer or sex offender.

 

[OpportunityCost]

Coming to a court near you soon disparate impact sentencing guidelines.

 

[Napoleon]

Sometimes the best thing about guidelines is that they can be ignored.

 

[smb]

HUD Seeks to End Housing Discrimination Against Ex-Offenders - NBC News

Good ****ing grief. There aren't enough protected classes? Now you're in a protected class based on criminal behavior? If "Black and Latino Americans" are being unfairly arrested, deal with that. Don't make it so that people have to rent their house across the street from a school to a convicted drug dealer or sex offender.

Yeah because we all know the best thing for ex-convicts is to remain homeless or only be offered housing with other ex-convicts. That's a smart counter policy???????????????

 

[Sherman123]

HUD Seeks to End Housing Discrimination Against Ex-Offenders - NBC News

Good ****ing grief. There aren't enough protected classes? Now you're in a protected class based on criminal behavior? If "Black and Latino Americans" are being unfairly arrested, deal with that. Don't make it so that people have to rent their house across the street from a school to a convicted drug dealer or sex offender.

So the rule of thumb is that discriminating on a characteristic of a protected class is the same thing as discriminating against that class. For example you can't say you're discriminating against gay sex instead of discriminating against homosexual individuals, they're one in the same. But this is weird... I'm not sure you'd want to argue that felony convictions are a characteristic of being black or hispanic. I might be misinterpreting this but this seems ripe for a court challenge.

 

[Moon]

Do these guidelines exempt the landlords from civil liabilities if these felons commit crimes after moving in?

 

[shrubnose]

Do these guidelines exempt the landlords from civil liabilities if these felons commit crimes after moving in?

Where in the law does it say that landlords are responsible for crimes that their tenants commit?

Fill us in.

:lol:

 

[Excon]

From the OP's link.

Under the new guidelines landlords will have to better scrutinize whether a person was arrested and if they were also convicted. And, even if a person was convicted, property owners have to weigh the nature and severity of the crime and conviction when considering an applicant's housing application.

Failure to do so might mean the homeowner could potentially face an investigation for discrimination and, ultimately, civil penalties

Unless there are clear guidelines on what can and can not be considered this is basically useless.

 

[QuadpolarNutjob]

lol yay more free stuff for thugs, and by free, i mean paid for by anyone who pays more in income tax than they get back in misc. handouts.

 

[OrphanSlug]

This could be a problem. I agree with others, it may come down to how HUD looks to craft new guidelines.

 

[tres borrachos]

HUD Seeks to End Housing Discrimination Against Ex-Offenders - NBC News

Good ****ing grief. There aren't enough protected classes? Now you're in a protected class based on criminal behavior? If "Black and Latino Americans" are being unfairly arrested, deal with that. Don't make it so that people have to rent their house across the street from a school to a convicted drug dealer or sex offender.

Isn't HUD grand?

 

[ttwtt78640]

HUD Seeks to End Housing Discrimination Against Ex-Offenders - NBC News

Good ****ing grief. There aren't enough protected classes? Now you're in a protected class based on criminal behavior? If "Black and Latino Americans" are being unfairly arrested, deal with that. Don't make it so that people have to rent their house across the street from a school to a convicted drug dealer or sex offender.

The concept of disproportionate (disparate?) impact is pure BS. Men are much more likely to be convicted for sexual offences and violent crime yet I am unaware of any federal guidelines to allow sex offenders or violent felons to get section 8 (federal?) housing assistance.

The following felons are not able to benefit under Section 8:

Sex offenders
Drug traffickers
Certain categories of fraud
Commit violent crimes

Housing authorities in each state also have different set of rules for granting assistance under Section 8 to felons. In some cases, regardless of the nature of the felony, the applicant will not be considered unless a specified number of years have passed.

Housing Assistance for Felons | Felonopportunities.com

 

[Moon]

Where in the law does it say that landlords are responsible for crimes that their tenants commit?

Fill us in.

:lol:

So you're saying that if my convicted felon tenant assaults your family member that you can't sue me for damages because I knew this person was a convicted felon?

 

[Samhain]

Where in the law does it say that landlords are responsible for crimes that their tenants commit?

Fill us in.

:lol:

Civil liability for creating an unsafe living environment; there are cases where the landlord can be held criminally and/or civilly responsible for the actions of the tenant.

 

[MrT]

So the rule of thumb is that discriminating on a characteristic of a protected class is the same thing as discriminating against that class. For example you can't say you're discriminating against gay sex instead of discriminating against homosexual individuals, they're one in the same. But this is weird... I'm not sure you'd want to argue that felony convictions are a characteristic of being black or hispanic. I might be misinterpreting this but this seems ripe for a court challenge.

The key point missing from your analysis, and the basis for the DoH's argument, is that we know black and latino individuals are disproportionately arrested and convicted relative to white individuals and to their rates of criminal activity. For example, we know (based on self-surveys) that the three demographics all use illegal drugs in substantially similar numbers and yet the black and latino individuals are significantly more likely to be arrested and convicted for their illegal drug activity.

This guideline doesn't eliminate the ability of people making the hiring decisions to evaluate a person based on their criminal background. However, this guideline does require that you take into account more aspects of the conviction before using that as your justification. So, for example, you can not just refuse to allow someone in because they have a criminal conviction - regardless of the type of when it occurred - but you can refuse to allow someone in because they have a two year burglary conviction.

 

[MrT]

Do these guidelines exempt the landlords from civil liabilities if these felons commit crimes after moving in?

Of course not. Landlords are already protected from civil liabilities by 3rd party tort laws which require the landlord (or owner of the private property) to know, or should have known, that the risk of crime was substantially higher and yet they did not take appropriate steps to reduce that risk.

Allowing a former criminal to live in the apartment does not rise to that level without more information - like the type of charge, when the conviction occurred, whether the individual is engaging in dangerous behavior on the property, etc. And even then, the landlord or owner could be protected if they instituted safety precautions like a security guard, locked gates, adequate lighting, etc.

 

[ludin]

HUD Seeks to End Housing Discrimination Against Ex-Offenders - NBC News

Good ****ing grief. There aren't enough protected classes? Now you're in a protected class based on criminal behavior? If "Black and Latino Americans" are being unfairly arrested, deal with that. Don't make it so that people have to rent their house across the street from a school to a convicted drug dealer or sex offender.

I don't see how this can even be considered.
there are already laws in most states saying how far away sex offenders have to stay away from schools.

 

[Renae]

Yeah because we all know the best thing for ex-convicts is to remain homeless or only be offered housing with other ex-convicts. That's a smart counter policy???????????????

Then you bring one in as a roomie. Let us know how that works out.

 

[smb]

Then you bring one in as a roomie. Let us know how that works out.

I have had and it worked out fine. I would rent again to ex-convict if I was still leasing but I am not.

Once again conservatives show how afraid they are of the other. What drives that fear? You do know that it is possible to not live in fear right? You don't have to be afraid all the time.

 

[Moon]

I have had and it worked out fine. I would rent again to ex-convict if I was still leasing but I am not.

Once again conservatives show how afraid they are of the other. What drives that fear? You do know that it is possible to not live in fear right? You don't have to be afraid all the time.

Fear? What are you talking about?

 

[Moon]

Of course not. Landlords are already protected from civil liabilities by 3rd party tort laws which require the landlord (or owner of the private property) to know, or should have known, that the risk of crime was substantially higher and yet they did not take appropriate steps to reduce that risk.

Allowing a former criminal to live in the apartment does not rise to that level without more information - like the type of charge, when the conviction occurred, whether the individual is engaging in dangerous behavior on the property, etc. And even then, the landlord or owner could be protected if they instituted safety precautions like a security guard, locked gates, adequate lighting, etc.

Nice theory. I don't think it will make it past a jury in a civil case though, so the landlord will get to pay for HUD's bad idea.

 

[OpportunityCost]

Of course not. Landlords are already protected from civil liabilities by 3rd party tort laws which require the landlord (or owner of the private property) to know, or should have known, that the risk of crime was substantially higher and yet they did not take appropriate steps to reduce that risk.

Allowing a former criminal to live in the apartment does not rise to that level without more information - like the type of charge, when the conviction occurred, whether the individual is engaging in dangerous behavior on the property, etc. And even then, the landlord or owner could be protected if they instituted safety precautions like a security guard, locked gates, adequate lighting, etc.

If they are desperate enough to rent to felons, then they are not going to take extra security precautions. That's just reality.

 

[MrT]

Nice theory. I don't think it will make it past a jury in a civil case though, so the landlord will get to pay for HUD's bad idea.

If the only argument is that the landlord allowed a former criminal to move in, then the case won't make it past summary judgment.

If the argument can be expanded to note that the landlord didn't investigate the specifics of the crime, or didn't listen to concerns about the criminal, or didn't engage in safety measures, etc. etc., then they might have a case. But it won't be because HUD now prevents their housing landlords from summarily preventing someone from renting on the sole basis that the person has a criminal history.

 

[MrT]

If they are desperate enough to rent to felons, then they are not going to take extra security precautions. That's just reality.

Then they deserve the lawsuit.

 

[OpportunityCost]

Then they deserve the lawsuit.

The problem is HUD will be named as a co-defendant for having the law in the first place and the taxpayers will be left holding the bag for a regulation that never should have occurred.