Feds making difficult for landlords to deny criminals, unless they are white

[CharlesDavenport]

New HUD guidelines came out yesterday - http://portal.hud.gov/hudportal/documents/huddoc?id=HUD_OGCGuidAppFHAStandCR.pdf

The setup

The Fair Housing Act (or Act) prohibits discrimination in the sale, rental, or financing of dwellings and in other housing-related activities on the basis of race, color, religion, sex, disability, familial status or national origin.1 HUD’s Office of General Counsel issues this guidance concerning how the Fair Housing Act applies to the use of criminal history by providers or operators of housing and real-estate related transactions. Specifically, this guidance addresses how the discriminatory effects and disparate treatment methods of proof apply in Fair Housing Act cases in which a housing provider justifies an adverse housing action – such as a refusal to rent or renew a lease – based on an individual’s criminal history.

The gist

Across the United States, African Americans and Hispanics are arrested, convicted and incarcerated at rates disproportionate to their share of the general population.8 Consequently, criminal records-based barriers to housing are likely to have a disproportionate impact on minority home seekers. While having a criminal record is not a protected characteristic under the Fair Housing Act, criminal history-based restrictions on housing opportunities violate the Act if, without justification, their burden falls more often on renters or other housing market participants of one race or national origin over another (i.e., discriminatory effects liability).9 Additionally, intentional discrimination in violation of the Act occurs if a housing provider treats individuals with comparable criminal history differently because of their race, national origin or other protected characteristic (i.e., disparate treatment liability).

The remedy

A housing provider violates the Fair Housing Act when the provider’s policy or practice has an unjustified discriminatory effect, even when the provider had no intent to discriminate. Under this standard, a facially-neutral policy or practice that has a discriminatory effect violates the Act if it is not supported by a legally sufficient justification.

Got that? Even if the landlord didn't mean to discriminate, the government will determine whether it was discriminatory. It's a three step process, and you can read the full guidance for details, but they really only need the first one -

This is only the intro to step one, but you'll get the idea.

In the first step of the analysis, a plaintiff (or HUD in an administrative adjudication) must prove that the criminal history policy has a discriminatory effect, that is, that the policy results in a disparate impact on a group of persons because of their race or national origin.13 This burden is satisfied by presenting evidence proving that the challenged practice actually or predictably results in a disparate impact.
Whether national or local statistical evidence should be used to evaluate a discriminatory effects claim at the first step of the analysis depends on the nature of the claim alleged and the facts of that case. While state or local statistics should be presented where available and appropriate based on a housing provider’s market area or other facts particular to a given case, national statistics on racial and ethnic disparities in the criminal justice system may be used where, for example, state or local statistics are not readily available and there is no reason to believe they would differ markedly from the national statistics. 14

Basically the government can use whatever statistics it finds to classify a denial as discriminatory. Joe landlord doesn't stand a chance and probably can't afford the lawyers needed to fight this bullshit anyway. There is so much wrong about this. Good luck to any white person with a criminal background trying to take advantage of this new guidance.

 

[RollRed]

Here we go... the poor put upon white people. We **** on every minority we could for generations, but now have the gall to ***** when it happens to us. Karma is a ***** ain't it.

 

[CharlesDavenport]

Here we go... the poor put upon white people. We **** on every minority we could for generations, but now have the gall to ***** when it happens to us. Karma is a ***** ain't it.

My sympathies lie with the landlords, not the criminal white guy referenced in the last sentence, but since you see everything through race, you fixated on that.

 

[Max Power]

Hey anyone renting as section 8 deserves what ever the Gov throws at them. Don't like it? Try renting to people instead of the Government. Nothing kills a neighborhood like section 8 housing. White trash escaping the trailer courts...

 

[CharlesDavenport]

Hey anyone renting as section 8 deserves what ever the Gov throws at them. Don't like it? Try renting to people instead of the Government. Nothing kills a neighborhood like section 8 housing. White trash escaping the trailer courts...

This "guidance" is for all rent/real estate transactions, not just section 8.

 

[Steelin]

This is crazy. The same logic is being applied to the hiring process at businesses. Sooooo....if we don't want to hire or rent to criminals because, well, you know, they're criminals, then of course we're racist. I live in a very diverse area. I guess it's just a coincidence that the more diverse it gets that there is more crime occurring. I can't wait for my youngest to graduate high school and get the hell out of this city. How dare I want to live in a peaceful, mostly crime-free environment.

 

[madinsomniac]

Meh section 8 housing has rules... Big deal....

 

[ark steel]

Disparate impact. What a lovely sounding phrase. Sounds very inconsequential.

 

[Steeltime]

This "guidance" is for all rent/real estate transactions, not just section 8.

This ^^

Only a small portion of rental property (thankfully) is section 8. Now, under the new FHA requirements, landlords face possible legal action if they refuse to rent to a minority because that person has a criminal record - including murder, rape and child molestation. Therefore, this ruling is designed to make sure that heretofore decent rental structures get their fair share of criminals.

The most prevalent exception to enforcement of this new FHA standard will be for a building that has fewer than five apartments and where one of the units is occupied by the owner. In that case, the FHA laws do not apply.