Understanding the Just Housing Amendment: Disputing a Criminal Background Check

The landlord cannot automatically deny a tenant because of past criminal history. A landlord must first use a two-step process and do an individualized assessment on each conviction in the past 3 years.

Conviction Dispute Procedures

The tenant will know whether a landlord will be looking at a criminal background check and can dispute the information or provide evidence of rehabilitation.

• Within five (5) business days of receiving a criminal background check, the landlord must deliver a copy to the applicant. A copy of the background check can be delivered in person, by certified mail, or by text or email. 
• Once the applicant receives the results of the background check, the applicant has five (5) business days to provide evidence that disputes the accuracy or relevance of information related to the criminal background check. 
• The landlord than has three (3) business days from receipt of the dispute information to accept or deny the application. 

Any denial of a housing application or continued lease based on a conviction must be in writing and provide the applicant with an explanation of why the application denial was necessary to protect against a demonstrable risk of harm to personal safety and/or property.