New HUD felony guidance effect on advertisement

[Bolanle Ogunmakin]

Hello All,

I am getting ready to put up a vacant unit for advertisement. I came across a discussion hereon not being able to automatically deny an applicant based on a felony charge. I don't plan to write "no felonies". I am willing to consider those with felonies as advised by HUD. Do I have to also exclude the customary, "will perform a background check" on the advertisement? Am I exempted since it's a owner-occupied duplex? I don't want to break Fair Housing rules so any insight will be helpful. Thanks!

Here is the discussion for reference: https://www.biggerpockets.com/forums/52/topics/295...

[Account Closed]

Yes, you can still say you will do a background check.  Basically, your policy has to have a reason for saying no to criminal offenses, and your policy can't be more discriminatory towards one race than another.

The document says that discriminating against criminals can be harder on blacks and hispanics than other races.  So, if your tenant pool is all blacks and hispanics, it seems to me you can say no crimes LOL.  

I think this new ruling is ridiculous.  Now landlords are supposed to be investigators?  Statisticians?  Figure out which types of crimes are more likely to wind up with tenants or property damaged than which other types?  

As far as the rules for you living in a duplex, I don't know. I thought that was just if you were renting out a room in your own home. You could call HUD and ask.