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(The “business objective” would presumably be the protection of resident safety and/or property.However, the guidance states that the business objective cannot be prospective in nature.

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This is because the Fair Housing Act specifically states that landlords do not have to make housing available to persons with such a conviction.

The guidance warns, however, that the exclusion is only for manufacture or distribution (making or selling) controlled substances and does not extend to other drug-related crimes such as use or possession.

[1] Note that project-based HUD subsidized properties must also prohibit admission to sex offenders subject to a lifetime registration requirement under state government’s sex offender registration program or to individuals found to have manufactured or produced methamphetamine on the premises of federally assisted housing.

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When I see a cock I like the looks of I'm good to go. i need to hear a man moaning as im deepthroating him,want to taste his cum for my first time.The landlord must prove that the use of the criminal background checks actually accomplishes the business objective.) The HUD memo goes on to state that in order to meet this burden when a Landlord’s policy has a disparate impact, Landlords must consider the following: In other words, according to HUD’s General Counsel, if a landlord is going to use criminal records as part of the screening criteria, the policy must be narrowly tailored.The guidance goes on to state that even then a landlord would still need to prove that this “tailored” policy is necessary to serve a “substantial, legitimate, nondiscriminatory interest.” In order to do this, a landlord must be able to show that its “tailored” use of criminal background checks “ So what does this all mean?What if a landlord wants to exclude applicants who have been convicted of other crimes? Other than the safe harbor addressed above, the HUD memo does not specify what types of criminal convictions would warrant a denial to rent.However, the HUD guidance does provide some general guidelines which landlords must consider if they choose to go beyond denial of applicants convicted of illegal manufacture or distribution of controlled substances: Finally, the guidance states even if a Landlord’s use of criminal background checks is narrowly tailored by taking into consideration the nature and severity of the crime, the length of time since conviction occurred, and where individualized assessments are carried out, a Landlord” Based on this guidance from HUD, the only sure way a Landlord can avoid fair housing liability if he/she wants to consider an applicant’s criminal history is to limit the policy to exclude only applicants with prior convictions for illegal manufacture or distribution of controlled substances.[1] If a landlord wants to deny an applicant for any other convictions, the landlord must be able to prove that the particular policy is necessary in order to achieve a substantial, legitimate, non-discriminatory interest, and that there is no less discriminatory way to achieve this interest.Disparate impact occurs when a landlord has a policy or practice that is neutral (i.e., non-discriminatory) on its face and applies equally to all applicants and/or residents, but its application has a discriminatory effect on one or more of the protected classes.