On Monday, HUD published new guidance for landlords conducting criminal background checks as a condition of renting housing. This guidance is applicable to all providers or operators of housing and real estate related transactions subject to the Fair Housing Act (including private and nonprofit landlords). Generally, HUD cautions that, while using criminal background checks in screening applicants for housing, landlords must be careful in their use of criminal convictions and must consider them on an individualized basis with a focus on the nature, severity, and recency of the conviction as it relates to the legitimate and substantial interests of the housing provider. Otherwise, landlords may face allegations that their actions had a disparate impact on protected groups. The use of arrest records as a sole factor for denying tenancy is also prohibited. Further discussion of the guidance is available on Ballard Spahr’s website.