Chicago – Attorney General Kwame Raoul, alongside a coalition of 13 attorneys general, has urged the U.S. Department of Housing and Urban Development (HUD) to standardize federal rules for screening public housing applicants with arrest or conviction records.
Raoul and the coalition issued a comment letter in response to a HUD notice of proposed rulemaking regarding regulations on using arrest or conviction records in housing decisions. The letter expresses support for HUD’s proposed rule to standardize criminal history screenings across HUD programs, aiming to provide individuals with such records a fair chance at accessing housing.
“Everyone, particularly those working hard to overcome a past conviction or arrest, deserves the opportunity to have safe and reliable housing,” Raoul stated. “A second chance starts with access to housing you can be proud of, and I will continue to work with other attorneys general to ensure all residents in Illinois and across the nation have equal access to housing.”
The proposed rule by HUD introduces a standard three-year review period when evaluating an applicant's conviction history, ensuring that only recent and relevant criminal activity is considered. It also restricts denying housing solely based on an applicant’s arrest record. If an applicant is denied due to criminal history screening, Public Housing Authorities (PHAs) will now be required to conduct an individual assessment allowing applicants to provide additional information.
The proposal aims to improve access to housing, reduce racial inequities in housing access, and promote public safety.
Raoul and the coalition support these provisions but request more clarity from HUD on several aspects. They specifically ask for clarification on the types of evidence of criminal activity without a conviction that may be considered in screening determinations for public housing. This measure seeks to limit arbitrary, unfair, or discriminatory decisions. The coalition supports HUD's authority to create a reasonable review period but believes more guidance should be provided to PHAs and HUD-assisted housing providers.
Joining Raoul in sending the letter are the attorneys general from Colorado, Delaware, District of Columbia, Maine, Massachusetts, Minnesota, Nevada, New Jersey, New York, Oregon, Pennsylvania and Vermont.
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