Ask 4 Questions When Reviewing Your Criminal Screening Policy

Two recent HUD actions indicate that owners may need to review their site’s criminal screening policies for compliance. On June 25, HUD issued a new proposed rule to reinstate the discriminatory effects regulations put in place under the Obama administration in 2013. Under the 2013 rule, the discriminatory effects framework was straightforward: A policy that had a discriminatory effect on a protected class was unlawful if it didn’t serve a substantial, legitimate, nondiscriminatory interest or if a less discriminatory alternative could also serve that interest.