Boston — The Massachusetts Attorney General’s Office (AGO), along with the attorneys general of Maryland, New Jersey, and Pennsylvania, has led a multistate coalition of 14 attorneys general advocating for the U.S. Department of Housing and Urban Development (HUD) to reduce barriers to HUD-assisted housing for people with criminal records.
This week, the coalition sent a comment letter in response to a proposed rule which would amend its regulations concerning the use of criminal records in housing decisions. In its comment letter, the coalition expressed support for HUD’s efforts to improve and standardize criminal history screening practices and remove barriers to accessing housing, emphasizing the importance of individualized assessments and protections from discrimination.
Across Massachusetts and the nation, communities of color are disproportionately impacted by the criminal legal system and are arrested at higher rates compared to other communities. Individuals with criminal records face barriers to housing, making securing housing an overwhelming, frustrating, and often unsuccessful process. Housing instability is therefore higher for people with criminal records and is a known driver of recidivism and re-imprisonment. Ensuring access to safe, decent, and affordable housing is crucial for individuals reentering their communities.
HUD’s proposed rule would limit the lookback period to three years for considering criminal history. This significant shift aims to expand housing access and reduce inequities based on criminal records. Additionally, the proposed rule would restrict denial of housing solely based on an applicant’s arrest record. In cases where an applicant is denied due to criminal history screening, Public Housing Authorities (PHAs) and HUD-assisted providers would be required to conduct an individual assessment that includes consideration of mitigating factors provided by the applicant.
While supporting these provisions, the states ask HUD to provide more clarity on several aspects of the proposed rule. Specifically, they request that evidence of criminal activity without a conviction be limited in screening determinations under serious concerns related to the Fair Housing Act (FHA). The coalition supports HUD's statutory authority in creating a reasonable lookback period but believes more detailed guidance could improve regulations.
The comment letter may be viewed here.
Co-leading this effort is Attorney General Andrea Joy Campbell's latest initiative supporting successful community reentry for justice-impacted individuals. In April during Second Chance Month, AG Campbell co-hosted a community-oriented reentry roundtable discussing various barriers including those related to housing. Many attendees such as Justice4Housing have long advocated for eliminating these barriers.
Massachusetts residents with criminal records can learn more about their rights in housing and employment by viewing The AGO’s Know Your Rights - Criminal Records: A Guide available in English and Spanish. Residents who believe their rights have been violated due to their criminal record are encouraged to file a complaint with AGO’s Civil Rights Division.
Additionally, later this month AGO’s Student Loan Assistance Unit will offer a free webinar helping returning citizens get federal student loans out of default through Fresh Start initiative:
Webinar: Student Debt Relief for Returning Citizens: Accessing Fresh Start and SAVE Plan
- Tuesday, June 18th from 1:00-2:30pm RSVP here.
- Thursday June 27th from 12:00-1:30pm RSVP here.
Joining Massachusetts AGO in this comment letter were attorneys general from Maryland, New Jersey, Pennsylvania, Colorado, Delaware District of Columbia Illinois Maine Minnesota Nevada New York Oregon Vermont
In Massachusetts this matter was handled by Attorney General’s Civil Rights Division including Assistant Attorney General Jared Cohen Division Chief Senior Advisor Elizabeth Matos
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