If You Have a Criminal Background

Have you been arrested? Do you have a criminal record? You have housing rights you should know about.

Can a landlord require a criminal background check? Yes.
Can a landlord make you pay for a criminal background check? Maybe not. Definitely not if you are in public housing or federally-assisted housing, but the law is not clear if you are in other kinds of housing.
Can a landlord deny you housing if you have been arrested or convicted? Maybe.

Is your criminal case over? If not, talk to your criminal lawyer before you make any statements regarding your criminal case in a housing application or hearing.

The information on this page is for people whose criminal record is from the past. (Check our page about Sealing or Expunging Your Criminal Record in Vermont to see if you can get rid of your criminal record.)

I only have an arrest record

Can a landlord refuse to rent to me or evict me because I was arrested, even though I was never convicted of a crime?

If your criminal record has been sealed or expunged, you do not have to tell the landlord that you were ever charged with a crime. See our page about Sealing or Expunging Your Criminal Record in Vermont for more information. We may be able to help. Fill out our form and we will call you back.

If your record has not been sealed or expunged, whether your landlord can refuse to rent to you depends on the kind of housing.

Public or subsidized housing

If your criminal history is not recent, and you can wait on applying for public or subsidized housing, consider whether you want to try to get your criminal record expunged before you apply for housing. (Check our page about Sealing or Expunging Your Criminal Record in Vermont to see if you can get rid of your criminal record.)

Is the rent paid partly by the government or an agency? Is the housing subsidized?

A Public Housing Authority can’t refuse to rent to you just because you were arrested. But they can refuse to rent to you based on the facts that led to the arrest.
Does the housing authority want to evict you based just on an arrest record? You can ask for a hearing. You can use this form letter.

Private housing

Is the housing private?

A private landlord can refuse to rent to you or evict you because of your arrest record. But the landlord has to treat everyone the same. You can explain why you think you’d be a good tenant and that an arrest alone doesn’t prove you did anything wrong.
Contact us if you think the landlord is not treating everyone the same. Fill out our form and we will call you back.

Examples:

You apply for an apartment in a building that has a subsidy that lowers the rent. The housing authority says it won’t rent to you because you were arrested. The housing authority may have broken the law. Ask for a hearing.
A private landlord rents to white people who were arrested but not to black people who were arrested. This landlord may be breaking the law. We may be able to help. Fill out our form and we will call you back.

I was convicted

Can a landlord refuse to rent to me because I was convicted of a crime?

Maybe. It depends on what the crime was and how long ago it was. It also depends on the kind of housing.

Some crimes can be sealed or expunged. If they are, you would not have to tell the landlord that you were ever convicted. Check our page about Sealing or Expunging Your Criminal Record in Vermont to see if your conviction is for a crime that can be sealed or expunged. If so or if you are not sure, we may be able to help. Fill out our form and we will call you back.

If you cannot get your criminal record sealed or expunged, whether the landlord can refuse to rent to you depends on the kind of housing.

Public or subsidized housing

Is the rent paid partly by the government or an agency? Is the housing subsidized?

A Public Housing Authority must refuse to rent to you if:

You are on a lifetime sex offender registry.
You were convicted of making methamphetamine in federally-assisted housing.
A household member is currently using illegal drugs.
You were evicted in the last three years from federally-assisted housing because of “drug-related criminal activity” unless there has been a change in circumstances. Contact us if you need help figuring out whether you might qualify.

A landlord who rents units in a building that is subsidized by the government cannot refuse to rent to you simply because you have a criminal record. The landlord must consider:

Was the crime minor? Was it a long time ago? Have you changed since then?
- If the crime was minor and a long time ago or when you were much younger, the landlord must consider these factors before making a decision. Tell the landlord why you would be a good tenant even with your record.
Was the conviction for making or distributing illegal drugs?
- If yes, it is usually OK for the landlord to refuse to rent to you, and the landlord can evict you. Contact us if you think the landlord is using the conviction to discriminate against you because of your race or other illegal reason. We may be able to help. Fill out our form and we will call you back.

If you think a landlord has violated any of these rules, you have the right to disagree with the decision. Ask for an informal hearing. You can use this form letter.

Private housing

Are you applying for or living in private housing?

A private landlord can refuse to rent to you or can evict you because you have been convicted of a crime. But the landlord has to treat everyone the same.
Contact us if you think the landlord is not treating everyone the same. We may be able to help. Fill out our form and we will call you back.

Example:

All landlords must treat everyone with a criminal record the same. A landlord who rents to white people with criminal records but not to black or Hispanic people with criminal records may be unlawfully discriminating. We may be able to help. Fill out our form and we will call you back. Bottom of Form

Need more help?

Fill out our form and we will call you back. Your information will be sent to Legal Services Vermont, which screens requests for help for both Vermont Legal Aid and Legal Services Vermont. You can also call us at 1-800-889-2047.