The Biden-Harris administration is taking a firm stance against landlords who utilize criminal background checks as a means to screen potential tenants, in accordance with an Obama-era housing rule. This initiative aligns with the Fair Housing Act, which prohibits discrimination in housing based on several factors, including race, national origin, and, more recently, criminal history. Judicial Watch highlighted that, in 2016, the U.S. Department of Housing and Urban Development (HUD) classified individuals with criminal backgrounds as a protected class. As part of this commitment, the Department of Justice (DOJ) is pursuing legal actions against landlords who it believes are violating these protections.
One prominent case under scrutiny involves the owners and managers of Suburban Heights Apartments in Kinloch, Missouri. Federal prosecutors allege that the criminal background checks utilized by this property discriminate against Black tenants due to the significant racial disparities present in incarceration rates across the country. This lawsuit is particularly notable because Suburban Heights markets itself as a “student village” intended to provide a secure living environment for young renters, yet the DOJ claims that their policies inadvertently contribute to systemic racial discrimination.
The DOJ’s lawsuit against the Suburban Heights landlords seeks to enforce accountability measures, including monetary compensation for affected individuals and civil penalties that underscore the public interest. Assistant Attorney General Kristen Clarke stated that the lawsuit aims to rectify discriminatory practices and prevent future violations of the Fair Housing Act. The government’s argument hinges on the statistical evidence demonstrating that Black individuals are incarcerated at rates significantly higher than their White counterparts, which in turn affects the likelihood of having convictions that landlords might factor into background checks.
The DOJ’s findings indicate that Black individuals are often four to five times more likely than White individuals to face incarceration, both chronically and at any given moment, which points to an implicit bias through criminal history bans like the one employed at Suburban Heights. This established link between incarceration and policy discrimination starkly illustrates how background checks could perpetuate systemic racial inequalities. The DOJ’s assertion is that the statistical disparities in incarceration serve as a valid proxy for understanding the inequities present in the rental market.
Assistant Attorney General Clarke emphasized that policies barring individuals with criminal histories can exacerbate discrimination in the housing market, leading to detrimental impacts on communities of color. She underscored that the DOJ is dedicated to enforcing the Fair Housing Act, and she hopes that this legal action serves as a deterrent to other property owners who might implement similar discriminatory practices against potential tenants with criminal backgrounds. This battle reflects broader societal efforts to promote fairness and equality in housing access.
The Biden administration’s robust approach signals a commitment to addressing housing discrimination in its various forms, particularly regarding the use of criminal histories as a deterrent to equitable housing opportunities. Through this lawsuit and public statements, the DOJ aims to send a clear message to other landlords: discriminatory practices that effectively bar individuals from obtaining housing based on criminal backgrounds are unlawful and counterproductive. The ongoing legal efforts will likely influence future housing policies and practices, ultimately striving for an inclusive environment where all individuals, regardless of their past, have access to rental opportunities.
