HUD released new guidance on how federal fair housing law applies to the use of criminal records in both conventional and assisted housing communities. The new guidelines spell out how HUD will evaluate fair housing complaints in cases where a community refuses to rent or renew a lease based on an individual’s criminal history. 

We will cover topics such as:

• Definition of Disparate Impact
• What is “Adverse Impact”
• How does this affect the protected classes
• How does this ruling affect development activities going forward
• Principles of a One Strike Policy
• Rule on Harassment 
• Federal Interagency Re-entry Council
• Understanding the new HUD guidance letter and the impacts it will have on property owners and managers when it comes to applicants applying to your property who have a criminal or felony background, especially when you have a blanket policy of not allowing anyone with a criminal background.
• How the ruling affects certain protected and non- protected classes.
• What is the difference between arrests and convictions and how does that pertain to the guidance letter.

There will first be a review of the basics of fair housing. This will include the seven federally protected classes, steering, reasonable accommodation, reasonable modification, assistive animals and other relevant topics. This will provide the foundation for understanding disparate impact and the guidance letter.

Under this theory, a violation of Title VII of the 1964 Civil Rights Act may be proven by showing that an employment practice or policy has a disproportionately adverse effect on members of the protected class as compared with non-members of the protected class. Therefore, the disparate impact theory under Title VII prohibits employers "from using a facially neutral employment practice that has an unjustified adverse impact on members of a protected class. A facially neutral employment practice is one that does not appear to be discriminatory on its face; rather it is one that is discriminatory in its application or effect." Where a disparate impact is shown, the plaintiff can prevail without the necessity of showing intentional discrimination unless the defendant employer demonstrates that the practice or policy in question has a demonstrable relationship to the requirements of the job in question.

Who Should Attend:

• Property Managers
• Property owners
• Maintenance Staff
• Realtors
• Compliance Staff
• Legislators