This blog post was coauthored by Todd Belcore, Community Justice Lead Attorney at the Shriver Center.
Rental property owners who utilize “blanket bans,” which typically deny admission outright to anyone with a record of criminal conviction or even just a history of arrests, need to take a look at what’s happening with similar blanket bans in employment.
This past summer Illinois became the fifth state to enact a “ban the box” law for private employers. Most employers can no longer ask about a person’s criminal history on the initial application for employment. Only after an individual is considered a qualified candidate for the job can the employer consider a person’s criminal background. Individuals in states with “ban the box” laws have both an incentive to become qualified for job opportunities and a legitimate chance to sell themselves to a prospective employer so they can get the jobs they need to take care of themselves and their families.
“Ban the Box” laws don’t just give people who have turned their lives around a chance to work; they are also good for employers. Employers who don’t rule applicants out based on criminal history have access to a broader pool of applicants from which they can hire the best candidate for the jobs. Moreover, this hiring practice helps employers avoid possible violation of federal civil rights laws relating to employment. (The Equal Employment Opportunity Commission (EEOC) has promulgated guidance noting that blanket hiring bans of individuals with criminal and/or arrest histories could violate civil rights laws.)
Employment-related blanket bans disproportionately harm minorities, who have greater contact with the criminal justice system despite not actually being more likely to commit crime—especially as it relates to drug offenses. As a result, blanket bans relating to criminal history can be a proxy for discrimination according to race.
While employers in states with “ban the box” laws can ultimately reject applicants with criminal records, they may only do so after an individualized analysis of each applicant’s qualifications. This evolution in thinking honors the value of giving people second chances and goes a long way towards reintegrating people into society and advancing civil rights.
Unfortunately, the progress made in eliminating employment-related blanket bans has not influenced similar bans instituted by property owners in rental housing. In fact, housing-related blanket bans have actually become more commonplace in recent years and have expanded to bar not just persons with conviction histories, but also individuals who have nothing more than an arrest on their record.
These housing-related blanket bans have become so pervasive that in 2011, former Secretary of Housing and Urban Development (HUD) Sean Donovan urged housing providers to use their discretion in admitting persons with criminal history to housing. Yet a 2011-12 report of Illinois affordable housing providers found that this discretion was essentially used to enact far-reaching criminal background check admission policies. For example, some rental housing admission policies deny admission to anyone who has ever been arrested for anything in his or her lifetime, or impose 100-year criminal background checks on applicants. Moreover, municipal rental crime-free ordinances, which require landlords to conduct criminal background checks of all rental applicants, have proliferated. These ordinances may prevent rental housing applicants from living in certain parts of the country entirely.
Beyond just affecting an individual’s ability to obtain housing for themselves and their loved ones, these housing bans also create serious obstacles to gaining employment, because the lack of a permanent address can make finding a job next to impossible. In that regard, housing-related bans erect the same type of civil rights impediments the EEOC identified with respect to employment-related bans.
Right now, too many people are forced to go without housing simply because of policies that may violate civil rights and that do not recognize the broader notion that people can turn their lives around. Thankfully, that can change. HUD’s Office of Fair Housing and Equal Opportunity should issue guidance, similar to the EEOC guidance, making clear that some of these housing-related policies violate civil rights laws. New HUD Secretary Julian Castro should also go beyond what his predecessor did and limit the use of arrest records and lifetime bans for minor and non-violent offenses. Affordable housing providers should follow the lead of agencies like the Chicago Housing Authority, which recently began a pilot program to allow persons with criminal histories the chance to move back in with their families. Finally, laws should also be enacted to bar the blanket bans in housing, including the use of arrest records to deny admission to rental housing. Because everyone deserves to have a place they can call home.
Joelle Ballam-Schwan contributed to this blog post.