ACLU files Discrimination Lawsuit against Virginia Apartment Complex for using Criminal Record Screening
The ACLU's lawsuit holds the policy at the Sterling Glen Apartments in Chesterfield, Virginia discriminates against African Americans by banning possible renters because of their felony criminal records and convictions for less serious offenses (e.g., drug possession). The purpose of this policy, the lawsuit argues, is to keep African Americans from renting in the complex. While 22% of Chesterfield County's residents are African Americans, 46% have felony convictions.
“Bans like these not only pose a barrier to people reentering the community after release from jail or prison, but also those with records who have been living and working in the community for years or even decades,” said ACLU of Virginia Dunn legal fellow Jennifer Safstrom. “Lack of access to permanent housing can also increase rates of recidivism, perpetuating cycles of criminalization and making communities less safe.”
The apartment complex owner replied that the original background check clause was put in only to notify applicants of a background check, not to ban criminals as a whole.
In 2016, the U.S. Department of Housing and Urban Development (HUD) released a guidance that said “disparate” - or unfair - methods of reviewing housing applications are discriminatory, "such as a refusal to rent or renew a lease based on an individual’s criminal history.”
