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HUD Cautions Against Denying Housing Over Criminal Record

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By Donna Kimura, www.housingfinance.org

 

Landlords with a blanket policy of denying housing to people with criminal records are in violation of the Fair Housing Act, according to the Department of Housing and Urban Development (HUD). 

 

“The Fair Housing Act prohibits both intentional housing discrimination and housing practices that have an unjustified discriminatory effect because of race, national origin, or other protected characteristics,” said HUD in newly issued guidance.

 

“Because of widespread racial and ethnic disparities in the U.S. criminal justice system, criminal history-based restrictions on access to housing are likely disproportionately to burden African-Americans and Hispanics,” according to HUD.

 

“While the Act does not prohibit housing providers from appropriately considering criminal history information when making housing decisions, arbitrary and overbroad criminal history-related bans are likely to lack a legally sufficient justification.”

 

The guidance stresses that arrests are not the same as convictions. A housing provider that denies housing to persons on the basis of arrests not resulting in conviction cannot prove that the exclusion actually assists in protecting resident safety and/or property, said HUD.

 

When there are applicants with convictions, landlords must still prove that a policy to exclude them is necessary and nondiscriminatory.

 

“A housing provider that imposes a blanket prohibition on any person with any conviction record—no matter when the conviction occurred, what the underlying conduct entailed, or what the convicted person has done since then—will be unable to meet this burden.” said HUD.

 

“I am so thrilled,” said JoAnne Page, president and CEO of The Fortune Society in New York City, which works with people who have been incarcerated. “We have been fighting for this, fighting against a blanket discrimination with people with records.”

 

Housing and employment are foundations for people and families, and it’s hard to get and hold employment without housing, she told Affordable Housing Finance.

 

The guidance, she said, tells housing providers to look at the individual, how long ago the crime was, and what the person has done recently.

 

Page said she is also hopeful HUD’s action will help reunite or keep families together. In some cases, a family member such as a father or son isn’t allowed to live with his family because he has a record.

 

The guidance is largely consistent with what the industry has been talking about for a long time, according to Amy Glassman, an attorney with the Ballard Spahr law firm in Washington, D.C.

 

Owners have to be careful and thoughtful in their screenings when they are using criminal background checks so their policies don’t have an unnecessary discriminatory effect.

 

“It’s a hard balance,” Glassman told AHF. “Both owners and residents of apartment complexes have a legitimate interest in ensuring they live in a safe environment. There are certain criminal backgrounds indicative of past violent behavior or behavior that might take away from the safety of the residents. In that situation, I think the owners have legitimate needs to use criminal convictions to screen, but they also have to be very thoughtful about it.”

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Activism

As California Hits Aging Milestone, State Releases Its Fifth Master Plan for Aging

“California’s Master Plan for Aging started a powerful movement that is shaping the future of aging in our state for generations to come,” Gov. Gavin Newsom said in a statement, calling the initiative a “future-forward” model delivering real results for older adults, people with disabilities, and their families.

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By Bo Tefu, California Black Media  

On Jan. 27, California released its Fifth Master Plan for Aging Annual Report,titled “Focusing on What Matters Most,” outlining the state’s progress and priorities as its population rapidly grows older.

The report, issued by the California Health and Human Services Agency (CalHHS), provides updates on the Master Plan for Aging’s “Five Bold Goals”: housing, health, inclusion and equity, caregiving, and affordability.

The report comes as Californians aged 60 and older now outnumber those under 18 for the first time, a demographic shift expected to accelerate over the next decade.

“California’s Master Plan for Aging started a powerful movement that is shaping the future of aging in our state for generations to come,” Gov. Gavin Newsom said in a statement, calling the initiative a “future-forward” model delivering real results for older adults, people with disabilities, and their families.

Launched in 2021, the Master Plan for Aging takes a “whole-of- government” and “whole-of-society” approach, coordinating state agencies, local governments, community organizations, and private partners. The annual report highlights significant milestones, including more than 100 California communities joining AARP’s Age-Friendly Network and $4 million in state funding awarded to local organizations to develop aging and disability action plans in 30 communities statewide.

The report also underscores California’s leadership at the national level, noting that dozens of states have followed its example and that federal legislation inspired by the plan was reintroduced in the U.S. Senate in December 2025.

CalHHS Secretary Kim Johnson emphasized the plan’s focus on equity and resilience amid ongoing challenges.

“The Master Plan for Aging continues to provide a vision, a focus, and a platform for collaboration,” Johnson said. “Equity is at the center of all that we do.”

Looking ahead, the report notes that by 2030, one in four Californians will be age 60 or older, positioning the Master Plan for Aging as a central framework for meeting the state’s long-term social, economic, and health needs.

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Activism

Can You Afford a Mortgage but Not the Down Payment? Dream For All Offers Up to $150K

Duvernay-Smith’s journey exemplifies the transformative potential of Dream For All, a program designed to help first-generation homebuyers across California. Applications will open on Feb. 24, and close on March 16. The program uses a random selection process to ensure equitable access, and Gov. Gavin Newsom’s office has directed that a minimum of 10% of funds go to applicants in Qualified Census Tracts — communities that historically faced discriminatory or unfair barriers to home ownership.

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Tiffany Duvernay-Smith.
Tiffany Duvernay-Smith.

By Tanu Henry, California Black Media 

Tiffany Duvernay-Smith went from knowing the harsh realities of homelessness to owning her first home – made possible by the California Housing Finance Agency’s (CalHFA) Dream For All program, which is reopening applications this month with up to $150,000 in down payment assistance for first-generation buyers.

“I feel like I was the least likely person,” says Duvernay-Smith, who is Coordinator for the Los Angeles Homeless Services Authority’s Lived Experience Board, a published journalist, artist and outspoken advocate for unhoused people, people living with disabilities and domestic violence survivors.

“I didn’t know my story would change from homeless to homeowner,” she added. “But if there’s a house with your name on it, nothing can stop you.”

Duvernay-Smith’s journey exemplifies the transformative potential of Dream For All, a program designed to help first-generation homebuyers across California. Applications will open on Feb. 24 and close on March 16. The program uses a random selection process to ensure equitable access, and Gov. Gavin Newsom’s office has directed that at least 10% of funds be allocated to applicants in Qualified Census Tracts—communities that have historically faced discriminatory or unfair barriers to homeownership.

For eligible participants, the program provides up to 20% of the home’s purchase price or appraised value as down payment assistance, capped at $150,000.

CalHFA expects to make $150 million to $200 million available in 2026, potentially helping 1,000 to 1,500 families, with a total of approximately 2,000 households supported through the 2025–26 budget allocation of $300 million.

The program is particularly impactful for Black Californians, who continue to face the highest rates of homelessness across the state and significant barriers to homeownership due to decades of discriminatory housing policies and wealth inequities.

“Black Californians continue to face some of the widest homeownership gaps in the state,” says Regina Brown Wilson, Executive Director of California Black Media. “Programs like Dream For All are critical because they directly address generational inequities.”

Wilson spoke during an online news briefing on Jan. 30 that featured Eric Johnson, information officer in CalHFA’s Marketing and Communications Division, and Shonta Clark, senior loan consultant and CalHFA program educator, home counselor, and broker in Southern California.

“There are a lot of people in California with steady jobs, good incomes, and strong credit scores – but who haven’t been able to save the five or even six figures needed for a down payment on a home,” says Johnson. “That’s exactly what Dream For All is designed to address.

Eligibility requirements focus on first-generation homebuyers—those who have not owned a home in the past seven years and whose parents do not currently own one. CalHFA defines a “first-time homebuyer” as someone who has not owned and lived in their own home in the past three years. Foster youth are automatically considered first-generation homebuyers, reflecting the program’s commitment to reaching Californians who have faced systemic barriers, CalHFA says.

Applicants must work with CalHFA-approved lenders and provide standard documentation such as government-issued IDs and parental information.

Johnson encourages applicants to remain optimistic.

“Take the first step. Despite high interest rates and high prices, it is still possible to buy your first home in California. Believe in yourself and know that homeownership is meant for you,” says Johnson.

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Community

Candidates Vying for Governor’s Seat Debate at Ruth Williams–Bayview Opera House in San Francisco

The gubernatorial debate participants included Antonio Villaraigosa, former Los Angeles mayor; Matt Mahan, San Jose mayor; Betty Yee, former California state controller; Xavier Becerra, former U.S. Secretary of Health and Human Services, and attorney general of California; Steve Hilton, political commentator and political adviser; Tom Steyer, entrepreneur, and Tony Thurmond, California’s superintendent of public instruction.

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The gubernatorial debate was hosted by KTVU’s Greg Lee, KTTV’s Marla Tellez and KTVU’s Andre Senior. The candidates are (l.-r.): Xavier Becerra, Steve Hilton, Matt Mahan, Tom Steyer, Tony Thurmond, Antonio Villaraigosa, and Betty Yee.
The gubernatorial debate was hosted by KTVU’s Greg Lee, KTTV’s Marla Tellez and KTVU’s Andre Senior. The candidates are (l.-r.): Xavier Becerra, Steve Hilton, Matt Mahan, Tom Steyer, Tony Thurmond, Antonio Villaraigosa, and Betty Yee.

By Carla Thomas 

 

On Tuesday, Feb. 3, seven candidates took the stage at the historic Ruth Williams–Bayview Opera House in San Francisco for the gubernatorial debate, hosted by the Black Action Alliance (BAA) in partnership with KTVU and sister station KTTV Fox 11 in Los Angeles.

 

For many voters, it marked a first opportunity to hear directly from several candidates seeking to lead the nation’s most populous state.

 

The gubernatorial debate participants included Antonio Villaraigosa, former Los Angeles mayor; Matt Mahan, San Jose mayor; Betty Yee, former California state controller; Xavier Becerra, former U.S. Secretary of Health and Human Services, and attorney general of California; Steve Hilton, political commentator and political adviser; Tom Steyer, entrepreneur, and Tony Thurmond, California’s superintendent of public instruction.

 

Crucial topics and issues addressed throughout the debate included housing, crime, immigration, climate change, health care and homelessness.

 

The debate was moderated by KTVU political reporter Greg Lee alongside KTVU’s Andre Senior and KTTV Fox 11’s Marla Tellez.

 

Candidates also addressed inflation and the rising costs across the state, impacting everything from groceries to childcare and health care. 

 

Thurmond vowed to generate 2.3 million units of housing by placing 12 units on each parcel of available land in the 58 counties of California. Steyer agreed that billionaires should pay their fair share of taxes.

 

Hilton wanted to cut taxes, help working-class families, and end the Democrats “climate crusade and insane regulations.”

 

Yee offered a more transparent governmental approach with accountability, given the state’s debt.

 

Gonzalez said, “This debate was a great way to see who has great ideas and who has substance.”

 

“It’s important to have the debate within a community that requires the most,” said business leader Linda Fadekye.

 

Attendees included State Controller Malia Cohen, representatives of the National Coalition of 100 Black Women, the National Coalition of 100 Black Men, the San Francisco African American Chamber of Commerce, and Black Women Organized for Political Action, among others. 

 

Event host, the Black Action Alliance (BAA) was established to amplify the voices of the Bay Area’s Black community, whose perspectives have too often been overlooked in politics and public policy.  

 

Loren Taylor, CEO of BAA, said it was important to bring the event to the Bayview in San Francisco and shared his organization’s mission.

 

“The Black Action Alliance (BAA) stands for practical, community-driven solutions that strengthen public safety, address homelessness, support small businesses, expand affordable housing, and ensure access to quality education—issues at the heart of the Black experience in the Bay Area,” said Taylor. 

 

California’s primary election will take place on June 2 and the general election will take place on Nov. 3. 

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