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I am in Montana. Is it legal for me as a landlord to reject an applicant that has a felony on his record? They shared what the felony was in 2014 - a none contact sex offense. I researched it and it was a pretty big deal with lots of publicity.
Yes, criminal history isn't a protected class under federal fair housing law, so denying isn't automatically illegal. But don't use a blanket "no felonies" rule: HUD guidance says blanket bans can trigger a diparate-impact claim. What protects you is a written screening policy applied to every applicant, with an individualized review: nature and severity of the offense, how long ago it was (2014 is 11 years back), and evidence of rehabilitation. Document your decision. If you deny based on the background check, send the FCRA adverse action notice. I don't believe Montana has a statewide fair-chance housing law, but a quick consult with a local landlord-tenant attorney before you deny is cheap insurance.
Criminal history isn't a protected class under Fair Housing, so you can consider it — but how matters. Find out what the offense was and how old it is; a blanket 'no felonies ever' policy can still cause trouble (HUD has flagged broad criminal-history bans for disparate impact). Best practice: written criteria applied identically to everyone, individualized look at the nature and recency of the offense, and document your decision.
Hi Karen, that is a tough spot. Federally, a criminal record is not a protected class, so rejecting an applicant for a felony is not automatically illegal. But housing regulators have warned against blanket bans on anyone with a record, since those policies can unintentionally discriminate. The approach most landlords take is an individualized review: the seriousness of the offense, how long ago it was (2014 is more than a decade back), and any evidence of rehabilitation since. Put your screening criteria in writing and apply them the same way to every applicant. Montana may have its own rules here too, so it is worth checking state and local law. Not a lawyer, just sharing what tends to work well.
