Dec 16
Banning the Box: How a Criminal Record Makes It Harder to Rent
by Lewis & Laws
We often talk about criminals who have “paid their debt to society”—that is, they’ve gone through the legal system in accordance with the law, served time or paid all of their fines, and are, theoretically, even with the justice system.
However, for many individuals with criminal records, past infractions and mistakes continue to create barriers in daily life. One such area that can be difficult to navigate after a conviction is the rental market.
Rental Discrimination in Seattle is Real
With extremely high occupancy rates and rapid inflation of costs, renting in Seattle is already extremely competitive; finding a place that’s in your price range and preferred area of the city or suburbs can offer a serious challenge. For those who have been convicted of a crime—even a relatively low-level crime—it’s even harder, because unlike many other areas of a person’s life, landlords are widely permitted to discriminate based on prior legal issues.
A quick background check can confirm whether or not a potential renter has a criminal record or any history of legal issues—and many do; according to a report released by Columbia Legal Services, an estimated one in four Americans has a criminal record. Often, that’s enough for a landlord to automatically disqualify the person from renting. Unfortunately, that means a large portion of the population is facing a serious barrier to safe, affordable housing.
Furthermore, even small offenses that occurred years or even decades ago may still preclude a potential renter from being approved; the ACLU notes that one of its clients “has been denied more than 20 rental apartments because of a minor misdemeanor that occurred 8 years ago.”
And yet landlords and rental agencies still routinely disqualify potential renters on the basis of past violations. It’s a practice that members of the Seattle City Council, as well as Mayor Ed Murray, have called discriminatory.
No Connection Between Criminal Records and Rental Issues
Though federal anti-discrimination laws do, in theory, protect reformed criminals, a lack of local enforcement and clear legal language offers little recourse for those who are trying to get their life on track. As a result, prejudices—which are statistically unfounded—often get in the way.
Neighbors, landlords, and building owners all tend to assume the worst about individuals with a criminal record—however, those fears are often unfounded. According to the Tenants Union of Washington, citing a Seattle study, “tenants with a criminal history and tenants without a criminal history met their tenant obligations equally over a two-year period.”
Still, even those who have served time, paid all of their fines, and continue to participate in mandatory post-incarceration or conviction programs experience housing discrimination. If a landlord doesn’t want to rent to a person with a record, they are under no obligation to do so.
What’s Being Done
This month, a group called FARE will launch their campaign to pass a new Seattle ordinance which bars landlords and rental agencies from disqualifying renters solely on the basis of their criminal record. The ordinance will look similar to another piece of “Ban the Box” legislation, which passed in Seattle two years ago and related to employment discrimination of those with criminal histories.
The legislation, while unpopular with landlords and rental agencies, has wide political support; the idea of allowing reformed criminals to move on with their lives and get another chance has been explored by numerous local, state, and even national political bodies. President Barack Obama has also taken up the charge, recently passing a ban on employment discrimination in federal jobs.
Retaining legal counsel at the time of a conviction can help keep your record clean, but if you’ve already got a criminal history, know that there are still options for you. If you feel that you’ve been discriminated on the basis of your criminal record, legal recourse may be possible.
Second chances are possible, and a criminal conviction shouldn’t ruin your life. To find out what your options are, contact Baker, Lewis, Schiwisow & Laws.
If You’ve Been Charged with a Crime in Seattle, Contact the Experienced Criminal Defense Lawyers at Baker, Lewis, Schwisow & Laws
The expert defense team at Baker, Lewis, Schwisow & Laws, PLLC vigorously defend the rights of individuals facing a multitude of charges in Seattle, Bellevue, and Kirkland. Contact us today at 206.209.0608 or fill out our online contact form to get more information or to get a free case review!