"Working for human rights for everyone"
"Out for Justice"
~Building Power for Change~
~Building Power for Change~
Criminal Records: A Barrier to Housing
1) Denial of admission to Public Housing and the Housing Choice Voucher Program(HCVP) ~view you according to: 1) criminal record 2) credit history report and 3) outstanding debt to HABC. According to federal law, indeciding whether to deny an applicant for criminal activity HABC may consider all relevant circumstances such as: the seriousness of the case, extent of participation or culpability of individual family members, mitigating circumstances, effects of the denial of assistance on other family members, other factors which might indicate a reasonable probability of favorable future conduct like evidence of rehabilitation, participation in social services or toher appropriate counseling service programs. HOWEVER: please note that the HABC policy has changed and, in general, HABC is not willing to consider circumstances OR us discretion in denying for criminal activity.
2) Denials from privately owned units~ another legal barrier faced by a returning offender is their access to rental units in privately owned housing. The Fair Housing Act~ provides that individuals cannot be discriminated against in housing. The fair housing laws do not provide that private landlords will not discriminate against individuals with a criminal background. Therefore, it is within the right of the landlord toask about the criminal background of an individual and deny housing based on that background. Not only is it legal for landlords to deny housing based on criminal background, but landlords also may ask for maximum security deposits or hike the rent for 'high rist' renters.
The Right to Housing provides that individuals have a right to housing regardless of circumstances. It would provide LL people with access to safe, affordable housing.
3) Denials from other affordable housing programs~often individuals with a criminal record attempt to access other types of affordable housing programs that are not public housing or HCVP.
With the above listed barriers, how can one be expected to survive? Many are under the notion that if you have a criminal history, this automatically bar you from being considered for housing programs.We have found that anyone can get on the waiting list. If your name comes up, it is then you are screened.Persons convicted of criminal activity are barred from admission for 18months for a misdemeanor offense and 3yrs for a felony offense.The criminal activity must be drug-related, violent or other criminal activity that would threaten the health, safety, or right to peaceful enjoyment of the premises by other residents.
Join with OFJ this upcoming legislative session!!!!!
We will be educating people on how to make changes in the unjust laws and policies that bar ex-offenders fair and adequate housing. We will keep you informed as the matter progresses (continue to check the website for updates).
2) Denials from privately owned units~ another legal barrier faced by a returning offender is their access to rental units in privately owned housing. The Fair Housing Act~ provides that individuals cannot be discriminated against in housing. The fair housing laws do not provide that private landlords will not discriminate against individuals with a criminal background. Therefore, it is within the right of the landlord toask about the criminal background of an individual and deny housing based on that background. Not only is it legal for landlords to deny housing based on criminal background, but landlords also may ask for maximum security deposits or hike the rent for 'high rist' renters.
The Right to Housing provides that individuals have a right to housing regardless of circumstances. It would provide LL people with access to safe, affordable housing.
3) Denials from other affordable housing programs~often individuals with a criminal record attempt to access other types of affordable housing programs that are not public housing or HCVP.
With the above listed barriers, how can one be expected to survive? Many are under the notion that if you have a criminal history, this automatically bar you from being considered for housing programs.We have found that anyone can get on the waiting list. If your name comes up, it is then you are screened.Persons convicted of criminal activity are barred from admission for 18months for a misdemeanor offense and 3yrs for a felony offense.The criminal activity must be drug-related, violent or other criminal activity that would threaten the health, safety, or right to peaceful enjoyment of the premises by other residents.
Join with OFJ this upcoming legislative session!!!!!
We will be educating people on how to make changes in the unjust laws and policies that bar ex-offenders fair and adequate housing. We will keep you informed as the matter progresses (continue to check the website for updates).
JUSTICE NOW!!!!!!!!!!