Attorneys Scott Baluha and Mark Zinman discuss and analyze an often misunderstood area of Fair Housing laws – criminal background standards. For years, the industry had a complete ban on anyone with a felony on their record. The Department of Housing and Urban Development’s 2016 memorandum changed that. Property managers and owners must have a tiered background standard that takes into consideration the severity of the crime and how long ago it occurred. Further, companies must provide applicants with the opportunity to present mitigating evidence as to why they should be approved, even when they do not qualify to meet the new tiered system. This is a complex, nuanced area of the law and its important to understand your rights and obligations, both as an owner and an applicant.