Criminal Background Checks for Renters: Fair Chance Laws in 2026

When a landlord may use an applicant’s criminal record: assisted-housing rules, the FCRA, and fair chance laws in NJ, NYC, DC, Maryland and Cook County.

By Seayora Editorial Team · Published October 23, 2026 · Facts checked October 23, 2026 · 4 min read

Key takeaways

• Federally assisted housing must deny some applicants, including anyone subject to lifetime sex-offender registration.
• Under the FCRA, arrests older than seven years generally cannot be reported; convictions can be reported indefinitely.
• Maryland’s Fair Chance Housing Act took effect October 1, 2026 for landlords with five or more units.
• If you deny an applicant based on a background check, you owe an adverse action notice.

What does federal law say about criminal records?

The Fair Housing Act does not list criminal history as a protected class. HUD’s 2016 guidance arguing that blanket criminal-record bans could have an unjustified discriminatory effect was withdrawn effective September 25, 2025 (91 FR 44867), and the 2022 memo implementing it was withdrawn the week before (91 FR 17291). Disparate-impact claims are still recognized by the Supreme Court, and HUD’s discriminatory-effect regulation remained in force in October 2026, so a policy that excludes everyone with any record still carries legal risk.

What must federally assisted housing do?

Public housing and voucher programs have mandatory exclusions. A household must be denied if any member is subject to a lifetime sex-offender registration requirement (42 U.S.C. § 13663) or has been convicted of producing methamphetamine on the premises of federally assisted housing, and applicants evicted from federally assisted housing for drug-related criminal activity within the past three years are generally excluded (24 CFR § 982.553). HUD’s Secretary wrote to agencies and owners in November 2025 encouraging them to use this authority (HUD letter).

What can a background check report?

A tenant screening company is a consumer reporting agency under the Fair Credit Reporting Act. It generally may not report arrest records or other adverse items older than seven years, but records of criminal convictions are exempt from that limit (15 U.S.C. § 1681c). If you deny an applicant or approve them on worse terms because of what a report shows, you must give an adverse action notice (15 U.S.C. § 1681m); see FCRA adverse action notices.

Which states and cities have fair chance housing laws?

This table covers the larger laws. It is not a complete list, local ordinances change, and several apply only above a unit-count threshold.

Several cities, including Oakland, Berkeley and Ann Arbor, go further and bar most criminal history screening. The New Jersey Division on Civil Rights publishes model notices for its law (NJ FCHA), and New York City’s Commission on Human Rights publishes the Fair Chance Housing Notice landlords must give. Maryland’s Department of Housing and Community Development summarizes the 2026 law (Maryland DHCD), and the statute itself is Chapter 752 of 2026.

How does the conditional-offer process work?

1. Screen the applicant on everything except criminal history: income, rental history and credit.
2. Make a written conditional offer, or a prequalification notice in Cook County.
3. Run the criminal check, limited to what the local law allows.
4. Give the applicant the record and the time the law sets to respond, correct errors or show rehabilitation (for example five business days in New York City and ten days in New Jersey).
5. If you withdraw the offer, do it in writing after an individualized assessment, with the reason and the applicant’s rights.

Frequently asked questions

Can I ask “have you ever been convicted of a crime?” on my rental application?

In New Jersey, New York City, Washington, D.C., Maryland (for landlords with five or more units) and Cook County, generally not before a conditional offer or prequalification. Elsewhere, check state and city law; many limit the question.

Can I deny someone for an arrest that did not lead to a conviction?

Many fair chance laws forbid it, Illinois treats an arrest record as a protected basis, and an arrest alone says little about whether someone will be a good tenant.

Does a fair chance law apply to a small owner-occupied building?

Several exempt small owner-occupied buildings, for example two or fewer units in New York City, three or fewer in D.C. and four or fewer in New Jersey. Check the exact rule.

Sources

1. Notice of the Withdrawal of OGC Guidance Documents, 91 FR 44867, U.S. Government Publishing Office
2. Notification of Withdrawal of Fair Housing and Equal Opportunity Guidance Documents, 91 FR 17291, Federal Register
3. 42 U.S.C. § 13663, Ineligibility of dangerous sex offenders for admission to public housing, Legal Information Institute
4. 24 CFR § 982.553, Denial of admission and termination of assistance for criminals and alcohol abusers, eCFR
5. Secretary’s letter on criminal screening responsibilities of PHAs and owners (November 25, 2025), HUD
6. 15 U.S.C. § 1681c, Requirements relating to information contained in consumer reports, Legal Information Institute
7. 15 U.S.C. § 1681m, Requirements on users of consumer reports, Legal Information Institute
8. Fair Chance in Housing Act, New Jersey Division on Civil Rights
9. Fair Chance Housing Notice, NYC Commission on Human Rights
10. 2026 Maryland laws impacting housing providers will take effect Oct 1, 2026, Maryland Department of Housing and Community Development
11. Senate Bill 937, Chapter 752 (Maryland Fair Chance Housing Act), Maryland General Assembly

How Seayora helps

FCRA compliance: Conditional offers, the right local notice and a record of every step, so screening follows the law where the home is.

This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.

How we write and check these guides: editorial standards.

Related on Seayora

• Criminal History, Conditional Offers & Fair-Chance Laws — Documentation. Which places allow a criminal check and when, the two-step conditional offer in New York City, New Jersey, D.C. and Cook County, the applicant’s time to respond, and the individualized assessment.
• FCRA Adverse Action Notices: What Landlords Must Tell Applicants — Guide. When a screening report leads you to deny an applicant or ask for more, the Fair Credit Reporting Act requires a notice. What it must say, with the statute.
• Tenant Screening: What Landlords Need to Know — Guide. How to screen rental applicants fairly and legally: credit and background checks, consistent criteria, the FCRA’s adverse action notice and fair housing.
• Service Animals and Emotional Support Animals: A Landlord’s Guide — Guide. How to handle assistance animal requests in 2026, after HUD withdrew its 2013 and 2020 notices: what the law still requires, what you can ask, and state rules.
• Tenant Screening & Background Checks — Documentation. Screening is not available yet — no consumer reporting agency is connected and no fee is charged. How it will work, and the FCRA responsibilities that come with it.
• FCRA-Compliant Screening — Feature. Tenant screening built to FCRA requirements, including secure applicant-entered data and adverse-action support when you decline an applicant.

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