You can be denied housing for a misdemeanor in most parts of the country, but a misdemeanor is not an automatic disqualifier and landlords do not have unlimited discretion. Federal law does not treat criminal history as a protected class, so a landlord who rejects you over a misdemeanor is generally not breaking anti-discrimination law on that basis alone. What limits them is a mix of state and local fair chance ordinances, disparate impact protections under the Fair Housing Act, and consumer-report rules that give you the right to see, correct, and challenge what a background check says about you.
When a Landlord Can Legally Deny You
The Fair Housing Act prohibits refusing to rent based on race, color, national origin, religion, sex, familial status, or disability.1Department of Justice. The Fair Housing Act Criminal history is not on that list. A landlord can look at a misdemeanor conviction and decline to rent to you without violating federal anti-discrimination law directly.
The Act does carve out one explicit criminal-history exception: it does not protect anyone convicted of illegally manufacturing or distributing a controlled substance, and a landlord can deny housing on that basis with no Fair Housing Act liability.2GovInfo. 42 USC 3604 – Discrimination in the Sale or Rental of Housing That exception applies to manufacturing and distribution convictions, not simple possession or other drug-related misdemeanors.
Criminal record screening still has a legal ceiling, and it comes through a theory called disparate impact. Because arrest and conviction rates differ significantly across racial and ethnic groups, a blanket policy of rejecting anyone with a record can disproportionately exclude people of a particular race or national origin. The Supreme Court confirmed in 2015 that disparate impact claims are valid under the Fair Housing Act.3Congress.gov. Disparate Impact Claims Under the Fair Housing Act A screening policy that produces a discriminatory effect on a protected group without serving a substantial legitimate interest can be challenged even if the policy sounds neutral on its face.
In 2025, HUD rescinded its 2016 guidance that had told landlords to avoid blanket bans, never deny based solely on arrests, and conduct individualized assessments. HUD also withdrew a 2015 notice restricting arrest-record use in public and federally-assisted housing. The agency’s current position encourages providers to “fully exercise their existing regulatory authority to screen applicants.”4National Association of Housing and Redevelopment Officials. HUD Rescinds Previous Guidance on Use of Arrest Records in Housing Decisions5U.S. Department of Housing and Urban Development. Housing Discrimination Under the Fair Housing Act The Supreme Court’s disparate impact ruling is still the law; it came from the Court, not HUD. What changed is that federal enforcement of that theory has pulled back, leaving private lawsuits and state-level agencies to carry most of the weight.
What Landlords Actually Weigh
Many larger property management companies still run something close to an individualized review when a background check flags a misdemeanor. Some do it out of habit from the prior HUD guidance, some to manage disparate impact risk, and some because state or local law requires it. Smaller landlords with a handful of units often skip any structured process and simply move on to the next applicant, which is worth knowing when you decide where to spend your application fees.
The factors that tend to matter most:
- Type of offense. A disorderly conduct charge from a party reads very differently than a domestic violence misdemeanor. Violence, property destruction, and drug activity near a rental raise bigger flags than traffic offenses, minor theft, or public intoxication.
- How long ago it happened. Time is the single strongest factor in your favor. A misdemeanor from eight years ago with a clean record since tells a landlord something very different than one from last year.
- Pattern versus isolated incident. One misdemeanor looks like a mistake. Three over five years look like a pattern, and landlords treat patterns much more seriously.
- Evidence of rehabilitation. Completed treatment programs, steady employment, letters from employers or probation officers, and a clean record since the conviction all help. Reviewers running individualized assessments are looking for reasons to say yes.
State and Local Fair Chance Housing Laws
Where federal guidance has pulled back, state and city laws often fill the gap. A growing number of jurisdictions have passed fair chance housing ordinances that directly restrict how landlords use criminal records during screening. The rules vary, but a few features recur.
Many establish lookback periods that limit how far back a landlord can review your history. A jurisdiction might prohibit consideration of most misdemeanor convictions older than three to five years, and some go further and bar consideration of certain non-violent misdemeanors entirely.6Housing as a Pathway to Justice Toolkit. Survey of State and Local Laws Prohibiting Housing Discrimination Against People With Convictions and Recommendations
Another common requirement is that the landlord delay the background check until after extending a conditional offer, so your finances, rental history, and references are evaluated before your record enters the picture.6Housing as a Pathway to Justice Toolkit. Survey of State and Local Laws Prohibiting Housing Discrimination Against People With Convictions and Recommendations If the landlord then withdraws the offer after the check, these ordinances typically require written notice explaining why.
These protections only help if you know they exist. Before you start applying, look up the housing rules in the specific city and state where you plan to rent. A local legal aid office or fair housing agency can tell you what applies in your area.
Public Housing and Section 8 Are Stricter
If you’re applying for public housing or a Housing Choice Voucher, separate federal rules go beyond anything in the private market. A housing authority must permanently deny admission if any household member was convicted of manufacturing methamphetamine on the premises of federally-assisted housing7GovInfo. 24 CFR 960.204 – Denial of Admission for Criminal Activity or Drug Abuse by Household Members or is subject to a lifetime sex offender registration requirement under any state program.8eCFR. 24 CFR 982.553 – Denial of Admission and Termination of Assistance for Criminals and Alcohol Abusers A three-year denial applies after eviction from federally-assisted housing for drug-related criminal activity, with exceptions for completed rehabilitation or changed circumstances. Outside those mandatory categories, housing authorities have broad discretion to set their own standards for other criminal activity, including misdemeanors.
Your Rights Under the Fair Credit Reporting Act
Whatever a landlord’s screening policy looks like, the Fair Credit Reporting Act gives you concrete rights any time a background check is used. These apply nationally and are enforced by the Federal Trade Commission and the Consumer Financial Protection Bureau.
The Adverse Action Notice
When a landlord denies your application based in whole or in part on a background check, they must give you an adverse action notice. It has to include the screening company’s name, address, and phone number, a statement that the screening company did not make the decision, and notice of your right to request a free copy of the report within 60 days.9Office of the Law Revision Counsel. 15 USC 1681m – Requirements on Users of Consumer Reports If a landlord denies you and offers no explanation, they may already be out of compliance. Ask for the notice in writing.
Disputing Errors on the Report
Tenant screening reports contain errors more often than most people realize. The common problems with misdemeanor entries include records that were sealed or expunged but still appear, charges reported as convictions when they were actually dismissed, and records belonging to someone with a similar name.10Federal Trade Commission. Tenant Background Checks and Your Rights
If you find inaccurate information, dispute it directly with the screening company. Once you file a dispute, the company must investigate and either correct or verify the information within 30 days.11Office of the Law Revision Counsel. 15 USC 1681i If the item is inaccurate or can’t be verified, the company must delete or correct it and notify the landlord. Pulling your own report before you start applying is worth the small cost. You can fix errors on your own timeline instead of scrambling after a denial.
Reporting Time Limits
Federal law prohibits background check companies from reporting arrest records that did not lead to a conviction if the arrest is more than seven years old. Some states impose tighter limits, and a few prohibit reporting non-conviction records entirely. Actual convictions, including misdemeanor convictions, can generally be reported indefinitely under federal law, though state law may cut that shorter.
Sealing or Expunging the Record
The single most effective move before apartment hunting is to check whether your misdemeanor qualifies for expungement or sealing under your state’s laws. Eligibility varies widely. Some states allow expungement of most misdemeanors after a waiting period with no new offenses; others are much more restrictive. The process typically involves filing a petition with the court where you were convicted, and some jurisdictions charge a filing fee.
An expunged or sealed record should not appear on a background check. Should is the operative word. Screening companies frequently report sealed or expunged records because their databases lag.10Federal Trade Commission. Tenant Background Checks and Your Rights If that happens, the report is inaccurate and you can dispute it under the FCRA. Keep copies of the expungement or sealing order. You’ll need them for a dispute or to show a landlord directly that the record no longer exists.
Preparing Your Application
Pull your own criminal record from the relevant court or through a consumer background check service so you know exactly what a landlord will see. Start any dispute or expungement process before you apply, not after.
Gather documents that show stability and rehabilitation. Completion certificates from treatment programs, degrees or vocational credentials earned since the conviction, letters from employers or counselors, and recent pay stubs all give a reviewer concrete reasons to approve you. If your rental history is good, ask a previous landlord for a reference letter. None of this helps against a blanket rejection policy, but it can tip the balance when someone is reviewing your file as a whole.
Consider writing a brief, honest explanation of the misdemeanor. A few sentences about what happened, what you’ve done since, and why it won’t affect your tenancy tends to read better than leaving a landlord to fill in the blanks from a one-line entry.
What to Do If You Are Denied
Request the adverse action notice if the landlord hasn’t already provided one. You’re entitled to know which screening company was used and to get a free copy of the report within 60 days.12Consumer Financial Protection Bureau. What Should I Do If My Rental Application Is Denied Because of a Tenant Screening Report Read it carefully for wrong records, dismissed charges reported as convictions, or sealed records that shouldn’t appear.
If you believe the denial was discriminatory, meaning the landlord’s policy disproportionately excludes people of your race, national origin, or another protected class, or that you were treated differently than applicants of a different background, you can file a complaint with HUD. The complaint must be filed within one year of the alleged discrimination.13U.S. Department of Housing and Urban Development. Learn About FHEO’s Process to Report and Investigate Housing Discrimination You can file online, by phone at 1-800-669-9777, or by mail to your regional HUD office.14U.S. Department of Housing and Urban Development. Report Housing Discrimination You’ll need your name and address, the landlord’s name and address, a description of the housing, and a brief explanation of why you believe discrimination occurred.
Many states and cities have their own fair housing agencies with separate complaint processes and sometimes stronger protections than federal law. A local legal aid office can help you figure out which route gives you the best chance of a meaningful result.