You can rent an apartment with a felony conviction. It’s harder than a routine application, and some doors will close, but renting an apartment with a felony on your record is a solvable problem once you understand what a landlord will see, what the law protects, and how to present yourself. Most private landlords can legally run a background check and factor the results into their decision. Federal law controls what appears on that check and what has to happen if you’re denied. A growing number of local laws restrict how landlords can screen at all. The difference between approval and rejection often comes down to preparation.
What a Landlord Will See on Your Background Check
Tenant screening companies operate under the Fair Credit Reporting Act, which sets limits on what a report can include. Arrests that didn’t lead to a conviction drop off after seven years, and most other negative information carries the same seven-year window. Criminal convictions are explicitly excluded from that time limit. A felony conviction can appear on your background check indefinitely, no matter how long ago it happened.1Office of the Law Revision Counsel. United States Code Title 15 – 1681c
One important exception: if your conviction was expunged or sealed by court order, it should not appear on the report.2Consumer Financial Protection Bureau. Review Your Rental Background Check If you’re eligible for expungement in your state and haven’t pursued it, doing that before you start apartment hunting is one of the highest-impact steps available to you. In most states, an expunged conviction doesn’t have to be disclosed either.
Some states go beyond the federal floor. A handful restrict how far back a screening company can report convictions or bar reporting of certain offense categories. The specifics vary, so it’s worth checking your state’s consumer reporting rules before you apply anywhere.
Where the Law Is on Your Side
The Fair Housing Act prohibits housing discrimination based on race, color, religion, sex, national origin, familial status, and disability.3Office of the Law Revision Counsel. United States Code Title 42 – 3604 Criminal history isn’t on that list. A landlord who denies you purely because of a felony conviction isn’t, by itself, violating the Fair Housing Act.
The Act’s disparate impact standard can still apply. If a landlord’s criminal-record screening policy disproportionately excludes people of a particular race or national origin, that policy can be challenged even without discriminatory intent. HUD issued detailed guidance in 2016 pushing landlords toward individualized assessments and warning against arrest-only policies. That guidance was later rescinded, and as of late 2025 HUD’s enforcement posture gives landlords and public housing agencies broader screening discretion. The disparate impact theory itself remains in the statute; federal enforcement emphasis has shifted.
Local law can matter more than federal law here. About 15 jurisdictions have passed fair chance housing laws that specifically restrict how landlords use criminal records. The provisions vary widely. Some prohibit asking about criminal history at all. Some use a “ban the box” model that delays the background check until after a conditional offer. Some limit look-back periods, restrict which offenses can be considered, or bar exclusionary language in rental ads. The strongest versions, enacted in cities including Seattle and Oakland, prevent landlords and screening companies from running criminal background checks for housing purposes at all. Others require an individualized assessment that weighs the offense, the time since, and evidence of rehabilitation. If you live in or are moving to a place with one of these ordinances, it changes your rights meaningfully. Look up the exact terms before you apply.
When a Felony Is an Automatic Disqualifier
Different rules apply to public housing and Housing Choice Vouchers (Section 8). Federal regulations require public housing agencies to deny admission in three specific situations, regardless of anything else in your application:
- Anyone subject to a lifetime sex offender registration requirement under state law must be denied. The agency evaluates your registration status at the time you apply, so if you’re later reclassified out of the lifetime requirement, you can reapply then.4U.S. Department of Housing and Urban Development. State Registered Lifetime Sex Offenders in the Housing Choice Voucher and Public Housing Programs FAQ
- A conviction for manufacturing methamphetamine on the premises of federally assisted housing is a permanent bar.5U.S. Department of Housing and Urban Development. Are Applicants With Felonies Banned From Public Housing or Any Other HUD Assisted Housing
- An eviction from federally assisted housing for drug-related criminal activity makes you ineligible for three years from the date of the eviction, unless you complete an approved rehabilitation program.
Beyond those three, public housing agencies have broad discretion to screen for other criminal activity they believe could threaten resident safety or peaceful enjoyment of the property. They cannot deny you based solely on an arrest record with no conviction.5U.S. Department of Housing and Urban Development. Are Applicants With Felonies Banned From Public Housing or Any Other HUD Assisted Housing
Building an Application That Gets Approved
A landlord who sees a felony on a background check with no context defaults to no. A landlord who sees the same record alongside strong income documentation and a thoughtful explanation is working from a different picture. Gather these before you start applying:
- Proof of income. Recent pay stubs, bank statements showing regular deposits, or a formal offer letter. Landlords care most about whether rent will be paid, and strong income documentation shifts the conversation away from your record.
- References. Letters from employers, former landlords, mentors, parole officers, or program coordinators. A previous landlord confirming you paid on time and left the unit in good condition carries particular weight.
- A letter of explanation. Two or three honest paragraphs that acknowledge the conviction, describe what you’ve done since, and focus on where you are now. Not the place for lengthy justifications or legal arguments.
- Rehabilitation documentation. Completion certificates for treatment programs, education credentials earned since your conviction, and proof of steady employment. Over a dozen states issue formal certificates of rehabilitation or similar documents that can serve as evidence of good conduct and may offer legal protection to a landlord who rents to you. If your state offers one and you qualify, add it.
Standard ID and your Social Security number round out the package. Having everything organized and ready to hand over signals a serious, prepared applicant.
Where and How to Apply
How and where you apply matters as much as what you submit.
Target smaller, private landlords. Large property management companies tend to use rigid, automated screening that rejects conviction records without human review. An individual who owns one or a few rental units is far more likely to read your letter, weigh your circumstances, and make a judgment call. Look for “for rent” signs, local classifieds, and word-of-mouth leads. The big listing sites are dominated by corporate managers.
Be transparent early. Raising your record before the landlord runs a background check lets you frame the story instead of having it arrive as a surprise on a screening report. It also signals honesty. Hand over your letter of explanation and references at the same time. Some landlords will treat the directness itself as a point in your favor.
Offer financial reassurance. If you can afford it, a larger security deposit or prepaying first and last month’s rent reduces the landlord’s perceived risk. Where state law caps security deposits, you can’t exceed the limit. In states without a cap, this is a real negotiating tool. Offering to sign a shorter initial lease with an option to renew can also make a hesitant landlord more comfortable saying yes.
Bring a cosigner. A cosigner or lease guarantor with good credit and stable income who agrees to cover rent if you can’t removes the landlord’s biggest practical concern. Family members are the most common cosigners; some nonprofit reentry organizations run guarantor programs in certain cities.
What to Do After a Denial
A denial is not the end of the road. When a landlord rejects you based on a tenant screening report, the Fair Credit Reporting Act requires them to send an adverse action notice. The notice must include the name, address, and phone number of the screening company, a statement that the screening company didn’t make the rental decision, and notice of your right to request a free copy of the report within 60 days and to dispute inaccurate information.6Office of the Law Revision Counsel. United States Code Title 15 – 1681m
Request that free copy every time. Tenant screening reports contain errors more often than people expect: convictions belonging to someone else, dismissed charges reported as convictions, records that should have been expunged. If you find mistakes, write the screening company with supporting documentation. The company is required to investigate and correct verified errors.7Consumer Financial Protection Bureau. What Should I Do If My Rental Application Is Denied Because of a Tenant Screening Report A fix on your report helps every future application.
If you believe a denial was discriminatory under the Fair Housing Act, for instance a criminal history policy applied selectively against applicants of a particular race, you can file a complaint with HUD or a state or local fair housing agency. You have one year from the date of the alleged discrimination to file with HUD.8U.S. Department of Housing and Urban Development. Learn About FHEO’s Process to Report and Investigate Housing Discrimination Filing sooner gives the agency more to work with.
If you’ve been denied repeatedly, specialized reentry housing programs exist in many areas. Local reentry organizations, often connected to your parole or probation office, keep lists of landlords open to renting to people with records. Some nonprofits run transitional housing for people reentering the community, which can serve as a bridge while you build the rental history and references needed for a standard lease. Legal aid organizations may be able to help if a fair housing or fair chance housing law was violated; many offer free consultations, and 211 will connect you to housing help and legal aid in your area.