Second chance apartments: renting with a record

Many landlords buy a tenant screening report about you and the adults in your household from a background check company. These reports are covered by the federal Fair Credit Reporting Act (FCRA), and they can include criminal records (arrests, charges and convictions), eviction and other court cases, credit and payment history, and past addresses.^1,2

The FTC says the company may also give the landlord a score or recommendation about what kind of tenant you will be, and you may not see that score in the copy of the report you get. The CFPB says most tenant screening companies won't have a file on you until you apply to rent or otherwise let a landlord get a report.

Under the FCRA, a screening report generally can't include an arrest record that is more than 7 years old (or older than the statute of limitations, if that is longer). There is no federal time limit for criminal convictions, so an old conviction can still be reported.^1,3,4

The law counts the 7 years from the date the arrest was entered. The same 7-year limit covers civil suits and judgments, including eviction cases; bankruptcies can be reported for 10 years. Some state and local laws limit how far back a landlord may look even when a report shows older records (see the state and local section below).

If a landlord turns you down, or approves you only with a cosigner, a bigger deposit or higher rent, because of something in a screening report, it must give you an "adverse action" notice. It can be in writing, electronic or oral.^1,5

The notice must give the name, address and phone number of the screening company, say that the company didn't make the decision and can't explain it, and tell you that you can get a free copy of the report and dispute anything that is wrong. If the notice is oral, the FTC suggests asking the landlord for a written copy. Local law may give you more rights about this notice.

After an adverse action notice, the screening company must give you a free copy of your report if you ask within 60 days. You can dispute anything that is wrong, outdated or not yours, and the company generally must investigate and tell you the results within 30 days.^1,4,6

The FTC says the deadline can be 45 days in some cases, and some states set shorter ones. If the company finds the item is wrong, incomplete or can't be verified, it must fix or delete it. The FTC lists common errors: records that belong to someone else, cases shown without how they ended (such as a dismissal), the same case listed twice, records too old to report, and records that were sealed or expunged. Send copies of court papers with your dispute and tell the landlord you've disputed. The FTC and CFPB take complaints about screening companies.

Having a criminal record is not, by itself, a protected class under the federal Fair Housing Act. The Act bans housing discrimination because of race, color, religion, sex, familial status, national origin and disability.⁷

So federal law alone doesn't stop a private landlord from turning you down for a record. A screening policy can still break the Act if it is used to treat people differently because of a protected trait, for example by checking records only for applicants of one race. State and local laws described below may give more protection.

The Fair Housing Act says nothing in it bars a housing provider from acting against someone because that person was convicted of illegally making or distributing a controlled substance.⁸

This carve-out in 42 U.S.C. 3607(b)(4) covers convictions for manufacture or distribution. It does not mention arrests or convictions for drug possession alone.

HUD has withdrawn its guidance on how the Fair Housing Act applies to criminal-record screening: its 2016 guidance, effective September 25, 2025, and the 2022 memo carrying it out, effective September 17, 2025. HUD has also proposed, but not finalized, removing its rule on "disparate impact" (policies with an unjustified discriminatory effect).^{9,10,11,12,13,14}

HUD's Office of General Counsel withdrew its April 4, 2016 guidance on applying Fair Housing Act standards to criminal records (notice at 91 FR 44867, July 17, 2026). HUD's Office of Fair Housing and Equal Opportunity withdrew its June 10, 2022 memo implementing that guidance (91 FR 17291, April 6, 2026). On September 26, 2025, HUD's notice PIH 2025-26 also rescinded its 2015 notice on not using arrest records in HUD-assisted housing. HUD proposed on January 14, 2026 to remove its disparate-impact regulations and leave the question to the courts (91 FR 1475), and issued a supplemental proposal on August 10, 2026 (91 FR 51416; comments were due October 9, 2026). As of October 28, 2026 no final rule has been published, and the rule (24 CFR 100.500) is still in the Code of Federal Regulations. The FHEO notice says the Act's own text is still enforced and people may still sue within two years.

In public housing and Section 8, federal rules require a denial in only a few cases: a household member who must register for life on a state sex-offense registry, a conviction for making meth in federally assisted housing, an eviction from federally assisted housing for drug activity in the last 3 years, and current illegal drug use or drug or alcohol abuse that the agency has reason to believe may threaten other residents. For everything else, each housing agency sets its own rules and lookback periods.^15,16,17

The 3-year drug-eviction bar can be lifted if the person completed an approved rehab program or the circumstances no longer exist. Before denying you because of a criminal record, the agency must give you a copy of the record and a chance to dispute it. HUD's 2024 proposal to change these screening rules was withdrawn on January 16, 2025. Our Section 8 answer covers this in detail.

New Jersey

New Jersey's Fair Chance in Housing Act (in effect since January 1, 2022) bars most landlords from asking about criminal history until after a conditional offer. After that, they may consider only certain convictions, generally within set lookback periods, and must do an individual assessment before withdrawing an offer.^18,19

Before an offer, a landlord may ask only about lifetime sex-offense registration and convictions for making meth in federally assisted housing. After an offer, it may consider convictions for murder, aggravated sexual assault, kidnapping, arson, human trafficking, sexual assault, a listed child-endangerment offense, and crimes that require lifetime registration, plus 1st-degree offenses within 6 years, 2nd- or 3rd-degree within 4 years and 4th-degree within 1 year of conviction or release. Arrests without conviction, expunged, pardoned, vacated or sealed records and juvenile adjudications can never be considered. The landlord must give a written notice of withdrawal; you can ask for the records it relied on within 30 days and appeal. The law covers most rentals except owner-occupied buildings of 4 or fewer units, and bans drug and alcohol testing of applicants. Complaints go to the New Jersey Division on Civil Rights within 180 days.

California

In California, state fair housing regulations in effect since January 1, 2020 (Cal. Code Regs., tit. 2, secs. 12264-12271) bar blanket "no criminal records" policies. A landlord may deny you only for a conviction that is directly related to a legitimate concern such as the safety of other residents or the property.^20,21

Landlords may not seek or consider arrests that didn't lead to a conviction, infractions, diversion or deferred-entry programs, sealed, dismissed or expunged convictions, or juvenile matters (unless you bring them up yourself). The California Civil Rights Department says landlords should delay looking at criminal history until your financial and other qualifications are checked, give you a copy or description of their policy if you ask, offer you a chance to present mitigating information, and consider mitigating information such as rehabilitation, your age at the time, and good tenant history. The rules cover landlords, property managers, public housing authorities and screening companies. Complaints go to the California Civil Rights Department.

New York City

New York City's Fair Chance Housing Law (in effect since January 1, 2025) bars most housing providers in the city, including co-op and condo boards, from checking criminal history until after a conditional offer. After that, they may consider only current sex-offense registration, felony convictions from the last 5 years and misdemeanor convictions from the last 3 years.²²

The 5 and 3 years run from release, or from sentencing if there was no jail time, regardless of probation or parole. Arrests, pending cases, adjournments in contemplation of dismissal (ACDs), "youthful offender" and juvenile delinquency adjudications, sealed or vacated convictions and convictions covered by a pardon or certificate of relief can never be considered. Ads and applications can't mention background checks. A provider that wants to revoke an offer must give you the records and the city's notice, allow 5 business days for you to respond, assess you individually and explain its decision in writing. Housing with 2 or fewer rooms or units is exempt if the provider or a family member lives in one of them, and public housing and other government-funded providers may still take actions federal or state rules require. The NYC Commission on Human Rights enforces the law.

Cook County, Illinois

In Cook County, Illinois, the Just Housing Amendment (in effect since January 1, 2020) bars landlords from denying applicants based on arrests or on convictions more than 3 years old. Before denying for a more recent conviction, a landlord must do an individual assessment and show denial is needed to protect against a clear risk to safety or property.²³

Landlords must first prequalify you on all other criteria and only then run a criminal background check. They must give you a copy within 5 business days; you then have 5 business days to dispute or add evidence of rehabilitation, and the landlord has 3 business days to decide. Landlords may still deny based on current sex-offense registration or residency restrictions. The county says enforcement started February 1, 2020. The Cook County Commission on Human Rights enforces it.

Illinois (statewide)

Statewide, the Illinois Human Rights Act makes it a civil rights violation for landlords and other housing providers to refuse to rent, or to set different terms, because of an "arrest record". The law defines this as an arrest that didn't lead to a conviction, a juvenile record, or a record ordered expunged, sealed or impounded.^24,25,26

This was added by Public Act 101-0565, effective January 1, 2020. Ads and application forms also can't show a preference based on an arrest record. An inquiry or use that state or federal law otherwise authorizes is allowed. The Illinois Department of Human Rights handles charges under the Act. Convictions themselves are not covered by this statewide rule.

Washington, D.C.

In Washington, D.C., the Fair Criminal Record Screening for Housing Act bars housing providers from asking about pending charges or convictions until after a conditional offer, and never allows them to consider arrests that didn't lead to a conviction.^27,28

Before taking an application fee, the landlord must give you its written screening criteria and tell you that you can show errors in your record or evidence of rehabilitation. After an offer, it may consider only pending accusations or convictions from the last 7 years for crimes on a list in the law (such as arson, burglary, robbery, serious assault, sexual abuse, fraud and certain drug crimes), and may withdraw the offer only after weighing set factors. If it withdraws, it must say why in writing; you can ask for the records it used within 20 days and file a complaint with the D.C. Office of Human Rights. The law (D.C. Law 21-259, dated April 7, 2017) doesn't apply to an owner-occupied building with 3 or fewer rental units, or where federal or D.C. law requires or allows a criminal-history denial.

Seattle

Seattle's Fair Chance Housing Ordinance (enforced since February 19, 2018) bars landlords from requiring you to disclose criminal history or denying you because of an arrest, conviction or criminal history. The only criminal history a landlord may act on is adult sex-offense registry information, and only with a legitimate business reason.^{29,30,31,32,33}

In Yim v. City of Seattle (March 21, 2023), the Ninth Circuit held that the ordinance's ban on even asking about criminal history violated landlords' free speech rights, but rejected their due process challenge to the ban on adverse action. The Supreme Court declined to hear the landlords' appeal on January 22, 2024 (No. 23-329), and on August 5, 2025 the Ninth Circuit affirmed that the rest of the ordinance survives without the inquiry ban. Since June 6, 2023, the Seattle Office for Civil Rights no longer enforces the inquiry ban, so a landlord may ask, but you can't be required to answer or denied for refusing. The office still enforces the rest of the ordinance. The law doesn't let you sue in court yourself; complaints go to the office. Registry information about juveniles, or about adults for offenses committed as juveniles, can't be used. Landlords must put notice of the ordinance on applications. Owner-occupied single-family homes and certain backyard or accessory units are exempt, and federally assisted housing may still make denials federal rules require. Complaints must be filed with the office within one year.

Oregon (statewide)

Oregon state law limits what any landlord may consider. A landlord may not consider an arrest unless it led to a conviction or the charges are still pending (and you aren't in a diversion or deferral program), and may consider convictions or pending charges only for certain kinds of conduct that is still illegal in Oregon.³⁴

Those kinds are drug crimes (not marijuana use or possession alone), crimes against a person, sex offenses, financial fraud such as identity theft or forgery, and other crimes whose conduct would harm the landlord's or tenants' property or residents' health, safety or peaceful enjoyment (ORS 90.303). ORS 90.303 itself does not set a lookback period for convictions.

Portland, Oregon

In Portland, Oregon, city code requires landlords either to use "low-barrier" criteria or to do an individual assessment of each applicant. Under the low-barrier criteria, a landlord agrees not to reject you for misdemeanor convictions sentenced more than 3 years ago, felony convictions sentenced more than 7 years ago, or arrests that didn't lead to conviction (unless the charge is still pending).^35,36

The low-barrier criteria also exclude diversion or deferred judgments, convictions that were dismissed, expunged or voided, convictions for conduct that is no longer illegal in Oregon, and juvenile records. A landlord using stricter criteria must do an individual assessment instead. Landlords must offer a 30-day appeal after a denial. A landlord that doesn't comply is liable to the applicant for up to $250 per violation plus actual damages and attorney fees, and an applicant materially harmed by intentional noncompliance can sue. The code section (Portland City Code 30.01.086) was most recently amended effective January 1, 2025; the Portland Housing Bureau's Rental Services Office publishes the rules.

Minneapolis

In Minneapolis, a landlord must either follow the city's "inclusive" screening criteria or assess each applicant individually. Under the inclusive criteria, a landlord may not consider arrests that didn't end in conviction, misdemeanors older than 3 years, or most felonies older than 7 years.³⁷

Convictions for certain serious felonies (first-degree assault, first-degree criminal sexual conduct, first-degree arson, first-degree aggravated robbery, first-, second- or third-degree murder, first-degree manslaughter and kidnapping) can be considered for 10 years. Convictions for conduct that is no longer a crime, convictions removed from your record and juvenile matters can't be considered, but a landlord may reject applicants for drug offenses under the federal Controlled Substances Act or offenses that bar federally assisted housing. A landlord that uses individual screening may be stricter but must look at each application, consider any information you provide before denying it, and weigh the nature, number and type of incidents, how long ago they happened and your age at the time. The city's Housing Liaisons (311) answer questions.

Colorado

Under Colorado's Rental Application Fairness Act, a landlord that uses criminal history to screen applicants may not consider an arrest record from any time, or a conviction from more than 5 years before the date of the application, except for a short list of offenses.^38,39,40

The rule (C.R.S. 38-12-904(1)(b)) was added by House Bill 19-1106 and applies to rental applications submitted on or after August 2, 2019. For the listed offenses, a landlord may consider a conviction or deferred judgment of any age: distributing, manufacturing, dispensing or selling methamphetamine; possessing materials to make methamphetamine or amphetamine; any offense that required sex-offender registration; and offenses in part 1 or part 6 of article 3 of title 18 of the state criminal code. A landlord that violates the law is liable to the applicant for $2,500 plus court costs and attorney fees, but only a $50 penalty if it fixes the violation within 7 days of being notified; you must give the landlord at least 7 days' notice before suing (C.R.S. 38-12-905, as amended in 2023). The Attorney General can also enforce the law (C.R.S. 24-31-101(1)(i)(XVII), as amended by House Bill 23-1099).

Oakland, California

Oakland, California's Fair Chance Access to Housing Ordinance (Oakland Municipal Code chapter 8.25, effective February 4, 2020) generally bars rental housing providers from screening applicants' criminal history at any stage, from advertising to eviction.^31,41

Exceptions include owner-occupied single-family homes, duplexes, triplexes and accessory units; tenants seeking to add a co-tenant; checking the state's lifetime sex-offense registry after a conditional offer, with your consent and a chance to respond; and limited checks that federal rules require for HUD-funded units. You can file a complaint with the city's Department of Housing and Community Development or sue. The city can impose civil penalties of up to $1,000 per violation. The city still describes the ordinance as in force. In 2023 the federal appeals court that covers California (the Ninth Circuit) struck down Seattle's similar ban on landlords asking about criminal history, but not Seattle's ban on denying applicants because of it; we found no court ruling on Oakland's ordinance.

Berkeley, California

Berkeley, California's Ronald V. Dellums Fair Chance Access to Housing Ordinance (Berkeley Municipal Code 13.106, passed April 14, 2020) bars rental housing providers from asking about or using criminal history in ads, applications, tenant selection or other decisions.^31,42

Exemptions include lifetime sex-offense registration, limited exemptions for public housing and Section 8, owner-occupied properties of 1 to 3 units, and existing tenants adding roommates. A landlord that acts based on criminal history must give written notice and a chance to respond. Fines are at least $1,000 and up to $10,000 per violation, and the Berkeley Rent Stabilization Board takes complaints. The Rent Board still describes the ordinance, including its ban on asking about criminal history, as in force. In 2023 the federal appeals court that covers California (the Ninth Circuit) struck down Seattle's similar ban on asking, but not Seattle's ban on denying applicants because of criminal history; we found no court ruling on Berkeley's ordinance.

San Francisco

San Francisco's Fair Chance Ordinance covers affordable housing providers in the city. They can't ask about criminal history on the application, must check your other qualifications first, and may consider only directly related convictions and unresolved arrests.⁴³

They can't consider arrests that didn't lead to a conviction, diversion or deferral programs, expunged or dismissed convictions, juvenile records, convictions more than 7 years old, or infractions. Before denying you they must give you the report and identify the record at issue, and you have 14 days to respond with corrections or evidence of rehabilitation. Complaints go to the San Francisco Human Rights Commission within 60 days. The city describes these housing protections only for affordable housing providers.

The FTC says sealed or expunged records should not show up in any tenant screening report. If one does, you can dispute it with the screening company.^1,4,44,45,46

Federal law requires screening companies to follow reasonable procedures to make reports as accurate as possible. The CFPB issued an advisory opinion in January 2024 saying that included procedures to keep out records that were expunged or sealed, but it withdrew that opinion as of May 12, 2025. The FTC's consumer guidance still lists sealed or expunged records as a reporting error to dispute.

Several state and local laws say landlords can't use sealed, expunged or juvenile records. Examples are New Jersey, California, New York City, Illinois and Minnesota.^{18,20,22,25,47}

New Jersey bars expunged, pardoned, vacated or sealed records and juvenile adjudications. California's regulations bar sealed, dismissed or expunged convictions and juvenile matters unless you bring them up. New York City bars sealed and expunged convictions and "youthful offender" and juvenile delinquency adjudications. Illinois treats juvenile records and records ordered expunged, sealed or impounded as a protected "arrest record". Minnesota bars landlords from denying an application based on any court file that is not public, has been expunged or has been destroyed.

Before you pay an application or background check fee, ask the landlord what it checks and what would get you denied. The FTC recommends this, and some states require landlords to give you written criteria before taking a fee.^{1,27,34,47,48,49}

Examples: Minnesota (written criteria and the screening company's name before accepting a fee; the fee must be returned if you're rejected for a reason not disclosed, and a landlord can't charge one if no unit is available), Oregon (written criteria, the fee amount and any appeal rights before taking a fee, and no more than one screening fee in 60 days per landlord), Washington state (notice of what will be checked and what can lead to denial before screening, or no charge for the report), Washington, D.C. (written criteria, including criminal history criteria, before an application fee), and California (no fee if no unit is available, a fee cap of $30 per applicant adjusted each year for inflation, and a fee only if the landlord either reviews applications in order under written criteria given with the application or refunds the fee to applicants it doesn't select).

HUD-participating housing counseling agencies offer rental counseling, including help with eviction, landlord-tenant disputes and Section 8. You can find one with HUD's online search or by calling 800-569-4287.^50,51

HUD says eviction and homeless counseling are always free; other counseling may carry a small fee that agencies must waive if you can't afford it. Not every agency offers every service.

Dialing 211 connects you with a local referral center that can point you to services such as shelters and rent assistance. For legal help with a screening problem, the FTC suggests your state attorney general or a local legal aid office.^1,52

The FCC says 211 covers all 50 states, D.C. and Puerto Rico and, citing 211.org, reaches about 99 percent of the U.S. population. Some fair chance laws also name agencies that answer questions, such as the New Jersey Division on Civil Rights, the NYC Commission on Human Rights and the Seattle Office for Civil Rights.

Some state corrections departments help people leaving prison with housing. For example, Washington's Department of Corrections may pay up to $700 a month for up to 6 months after release, paid directly to approved housing providers.⁵³

Washington's program is for people who have reached their earned release date and have no approved release address, and the department says the help is at its discretion and not an entitlement. Ask your own state's corrections or probation agency what it offers.

The FTC warns that scammers copy real rental listings or make up fake ones to collect application fees, deposits or rent, and to steal personal information. Walk away if someone pressures you to decide fast, won't show the place, or will only take wire transfers, gift cards or cryptocurrency.⁵⁴

The FTC says paying by wire, gift card or crypto is like sending cash and you probably can't get it back. Until you've agreed to rent, a landlord doesn't need your Social Security number, and a request for screenshots of your credit score can be a ploy to sign you up for paid credit monitoring. Check that the person really owns or manages the property, for example through county tax records or the company's own website. Report scams to the FTC at ReportFraud.ftc.gov, your state attorney general, local police and the site where the ad appeared.

Be careful with services that charge an upfront fee to find you a rental. For example, in 2012 Washington's Attorney General filed a consent decree with the owner of a rental referral service that, the office said, charged $350, claimed it could find rentals for people with eviction or criminal histories, and instead gave out lists of places that were unavailable, uninhabitable or unsuitable.^55,56,57

Under that consent decree the owner agreed to stop charging consumers fees for any service relating to rental housing. Some states regulate these services: in California, selling prepaid rental listings requires a license as a prepaid rental listing service or real estate broker, and the service must refund the full fee if it doesn't supply at least 3 available rentals that match your contract within 5 days (you must ask for the refund within the following 10 days).