Press Release  MA AG’s Office Co-leads Multistate Coalition Supporting Proposal To Reduce Barriers To HUD- Assisted Housing For People With Criminal Records

Boston — The Massachusetts Attorney General’s Office (“AGO”), along with the attorneys general of Maryland, New Jersey and Pennsylvania, has led a multistate coalition of 14 attorneys general advocating for the U.S. Department of Housing and Urban Development (“HUD”) to reduce barriers to HUD-assisted housing for people with criminal records.  

This week, the coalition sent a comment letter in response to a proposed rule which would amend its regulations concerning the use of criminal records in housing decisions. In its comment letter, the coalition of attorneys general expressed support for HUD’s efforts to improve and standardize criminal history screening practices and remove barriers to accessing housing, emphasizing the importance of individualized assessments and protections from discrimination. 

Across Massachusetts and the nation, communities of color are disproportionately impacted by the criminal legal system and are arrested at higher rates compared to other communities. Individuals with criminal records face barriers to housing and securing housing can be an overwhelming, frustrating, and often unsuccessful process for them. Housing instability is therefore higher for people with criminal records and is a known driver of recidivism and re-imprisonment. Therefore, helping to ensure and expand access to safe, decent, and affordable housing is a crucial component to ensuring that individuals can successfully reenter their communities and thrive. 

HUD’s proposed rule would limit the lookback period to three years for considering criminal history. This significant shift in the right direction would help expand housing access and reduce housing inequities based on criminal records, and in turn, inequities faced by communities of color. Additionally, the proposed rule would restrict the denial of housing solely based on an applicant’s arrest record. In cases where an applicant is denied due to criminal history screening, Public Housing Authorities (“PHAs”) and HUD-assisted providers would be required to conduct an individual assessment, including consideration of mitigating factors and information provided by the applicant. 

While the coalition supports these provisions, the states ask HUD to provide more clarity on several aspects of the proposed rule. Specifically, the coalition requests that the proposed rule clarify and limit the extent to which evidence of criminal activity, without a conviction, may be considered at all in screening determinations without prompting serious concerns under the Fair Housing Act (“FHA”). The coalition recognizes many benefits that a reasonable lookback period would provide, and, therefore, supports HUD in exercising its statutory authority to create such a period. However, the coalition believes HUD could improve the regulations by providing more detailed and helpful guidance to PHAs and HUD-assisted housing providers. 

The comment letter in its entirety may be viewed here. 

Co-leading the multistate comment letter is Attorney General Andrea Joy Campbell’s latest effort to support successful reentry into the community for justice-impacted individuals and those with criminal records. Just this past April, during Second Chance Month, AG Campbell co-hosted a community-oriented reentry roundtable to discuss the many barriers to reentry, including barriers to housing. Notably, many of the attendees, including Justice4Housing, have long called for the elimination of barriers to housing for people with criminal records. 

Massachusetts residents with criminal records may learn more about their rights in housing and employment by viewing The AGO’s Know Your Rights - Criminal Records: A Guide to Rights in Employment and Housing, available in English and Spanish. Massachusetts residents who believe their rights have been violated on the basis of their criminal record are encouraged to file a complaint with the AGO’s Civil Rights Division. 

Additionally, later this month, the AGO’s Student Loan Assistance Unit will be offering a free webinar to help returning citizens learn how to get their federal student loans out of default through the Fresh Start initiative. Individuals may sign-up for the webinar below:  

Webinar: Student Debt Relief for Returning Citizens: Accessing Fresh Start and the SAVE Plan

• Tuesday, June 18^th from 1:00-2:30pm. RSVP here.
• Thursday, June 27^th from 12:00-1:30pm, RSVP here.

Joining the Massachusetts Attorney General’s Office in the comment letter were the attorneys general of Maryland, New Jersey, Pennsylvania, Colorado, Delaware, the District of Columbia, Illinois, Maine, Minnesota, Nevada, New York, Oregon, and Vermont. 

In Massachusetts, this matter was handled by the Attorney General’s Civil Rights Division, including Assistant Attorney General Jared Cohen and Division Chief and Senior Advisor Elizabeth Matos. 

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