ARTICLE
14 April 2016

HUD Releases Guidance On Criminal Background Checks

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Holland & Knight

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Holland & Knight is a global law firm with nearly 2,000 lawyers in offices throughout the world. Our attorneys provide representation in litigation, business, real estate, healthcare and governmental law. Interdisciplinary practice groups and industry-based teams provide clients with access to attorneys throughout the firm, regardless of location.
On April 4, 2016, the United States Department of Housing and Urban Development (HUD) issued guidance addressing Fair Housing Act liability regarding the use of criminal background checks or screenings in housing determinations.
United States Real Estate and Construction

Christine Walz is an Associate and Lynn E. Calkins is a Partner in Holland & Knight's Washington D.C. office

On April 4, 2016, the United States Department of Housing and Urban Development (HUD) issued guidance addressing Fair Housing Act liability regarding the use of criminal background checks or screenings in housing determinations.

This guidance expands on the Supreme Court's 2015 decision holding that individuals and groups can challenge housing policies or practices that have a disproportionate adverse effect on protected classes (i.e., a disparate impact) – even if there is no discriminatory intent behind them.

HUD's release of this guidance and the positions that HUD takes throughout the document suggest that the agency is focused on this issue and will likely to be investigating and bringing enforcement actions for certain uses of criminal background screenings.

For more information on this topic, please read our April 12, 2016 client alert.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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