Recent HUD Guidance Sample Clauses

Recent HUD Guidance. In April, 2016 HUD published guidance that declares it a violation of the Fair Housing Act for landlords to impose a blanket exclusion of persons with criminal records. Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions cites data from the U.S. Equal Employment Opportunity Commission (EEOC) and concludes that because of disproportionate rates of arrest a nd conviction of African-Americans and Hispanics,1 a policy of exclusion of any person having an arrest record may constitute improper discrimination. (The Guidance, a copy of which is appended to these materials.) In addition to prohibiting intentional discrimination against protected category members with criminal records, the Guidance concludes this policy would he inimical to the goals of successful reintegration and full effect was discriminatory, without any intent to discriminate. As stated in Section III of the Guidance, “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. Thus, where a policy or practice that restricts access to housing on the basis of criminal history has a disparate impact on individuals of a particular race, national origin, or other protected class, such policy or practice is unlawful under the Fair Housing Act if it is not necessary to serve a substantial, legitimate, nondiscriminatory interest of the housing provider, or if such interest could be served by another practice that has a less discriminatory effect.” The Guidance, published by HUD’s Office of the General, addresses the evidentiary standard in discrimination claims by plaintiffs and prosecutions by HUD based upon systematic exclusion of persons with des individuals with criminal histories. The Guidance references an exemption from the Fair Housing Act liability for exclusion based upon illegal manufacture or distribution of a controlled substance. Aside from that exemption, the Guidance evaluates criminal record discrimination claims based on whether: 1. The criminal history policy or practice has a discriminatory effect; 2. The policy or practice is necessary to achieve a substantial, legitimate, nondiscriminatory interest...