Ultimate Guide on Finding Felony Friendly Apartments

Housing is a fundamental necessity regardless of your background or circumstances. Statistics show that nearly two-thirds of tenants with a felony on their criminal record have a hard time getting approved for an apartment. Landlords have the right to run a background check on prospective tenants, but the law prohibits them from discriminating against a tenant because they have a felony.

Discrimination or Not?

Landlords and property management run background checks on potential tenants and use the results to determine to who they’ll rent vacant units. The Fair Housing Act prohibits using race, color, national origin, religion, sex, age, or disability as determining factors when selecting a tenant. But it does not prohibit making a decision based on the person’s criminal background history. Landlords and property managers used to factor in protected categories into their decisions along with whether or not the person had a felony on their background check.

The U.S. Department of Housing and Urban Development (HUD) recognized the problem and released guidance concerning criminal background checks. The guidance prohibited landlords from discriminating against potential tenants based on their arrest records. HUD’s guidance also put a blanket ban on not renting to people solely because they had a felony. Inconsistently running criminal background checks, and making decisions based solely on the results inconsistently.

Landlords are advised to consider individuals on a case‐by‐case basis and make rental decisions based on facts and evidence, not on perceived fear and threat. Having said all that, individuals can be denied housing if their recent past suggests their presence will pose a threat to their neighbors.

Here are ways to find apartments that are likely to rent to individuals with felony convictions on their criminal records:

1- Look For Apartments That Don’t Conduct Background Checks

To increase your chances of renting an apartment with a felony on your criminal record. It’s a good idea to search for apartments that don’t do criminal background checks. There are several real estate websites that include apartments that don’t exclude tenants who have felony convictions.

2- Look at  ‘For Sale By Owner’ Apartments

To increase your chances of finding a place that won’t disqualify you for having a felony on your record. Look for rental opportunities where you will be dealing with the owner and not a property manager or real estate agent.

Landlords who don’t list their vacancies with listing agents are usually more lenient on qualifying criteria and less likely to run a criminal background check than property managers or landlords who hire agents to fill vacant units.  This allows you an opportunity to approach the landlord directly and explain your situation while answering any questions they may have.

3- Utilize Community Resources

Several community platforms make it their mission to reintegrate former inmates back into society.  You can find these groups in almost all cities, and if you can leverage them for assistance, chances are they’ll be able to help you find an apartment.

4- Apply for Federal Housing

You may qualify for federal housing or Section 8 housing depending on your felony level. However, crimes like drug trafficking, having a history of committing violent crimes, committing fraud, or being a sex offender will disqualify you from applying for assistance. Always check local laws before applying for assistance as applicable rules and regulations vary by state.

Tips for Landing the Apartment

• Get Reference Letters: Try to get as many reference letters as possible from former employers, friends, and family, or from a community mentor.

• Offer to Pay More Upfront: Money talks. If you’re able to, offer to pay more money upfront or more in rent to show that you’re serious about moving into the unit and being a good neighbor.

• Show That You’re Financially Responsible: Landlords are most concerned about receiving rent payments on time. Some landlords will consider any prospective tenant who is able to demonstrate financial health regardless of their criminal history. Provide proof of your income including your bank statement.
• Sublet: A tenant leases, or sublets, their apartment to another tenant with the consent of the landlord if they must leave the unit before the lease agreement ends. In these cases, current tenants will likely be more lenient and allow someone to take over their lease who has a felony on his or her criminal record as long as the rent is covered for the remainder of the rent term.

FAQs

Where is the Best Place to Live with a Felony?

It’s important to note that finding a place to live with a felony conviction can be challenging. As many landlords and property management companies may have policies that restrict renting to individuals with criminal records.

What Background Check do most Landlords Use?

Most landlords will use a tenant screening service to conduct background checks on potential tenants.

What is the Most Common Felony?

In the United States, the most common felony offenses include drug-related offenses. Such as possession or distribution of controlled substances, followed by property offenses, such as theft, burglary, and motor vehicle theft.

Can you Live in New York City Housing with a Felony?

It may be difficult for a person with a felony conviction to secure housing in New York City. As many landlords and property managers conduct background checks and may be hesitant to rent to individuals with criminal records. However, it is not necessarily impossible to find housing in the city.

What can Felons not do in New York?

Here are some examples of activities that may be restricted for felons in New York: Voting, Gun ownership, Employment, can’t to own a house, and Public benefits.

Can you get Section 8 with a Felony in New York?

Individuals with felony convictions may be eligible for Section 8 housing in New York, but their eligibility may be affected by the nature of their conviction.

Conclusion

It’s not impossible to rent an apartment with a felony conviction on your record. Seek out as many opportunities and resources as you can increase the likelihood of landing a place of your own.