Landlords and Criminal History in Arizona: What Renters Need to Know

Understanding your rights as a renter in Arizona is important, especially when it comes to sensitive matters like your criminal history. Arizona law allows landlords to conduct criminal background checks, but there are boundaries set by federal fair housing law to prevent discrimination. This guide explains what landlords can and cannot do, and where to turn for help if you feel your rights are at risk.

Can Arizona Landlords Ask About Criminal History?

In Arizona, it is generally legal for landlords to ask about an applicant's criminal history or perform a criminal background check as part of the rental screening process. However, these practices must comply with the federal Fair Housing Act, which prohibits discrimination on the basis of race, color, national origin, religion, sex, familial status, or disability.^[1]

What Landlords Are Allowed—and Not Allowed—to Do

• Landlords may ask rental applicants about prior criminal convictions.
• They may use criminal background checks to inform rental decisions.
• Landlords cannot implement blanket bans on renting to anyone with a criminal record.
• It is unlawful for landlords to discriminate based on arrest records alone, or to use criminal history in ways that result in unfair treatment of protected groups.

The U.S. Department of Housing and Urban Development (HUD) warns landlords not to use criminal background checks in a way that could lead to disparate impact discrimination—this means that even neutral policies can be illegal if they unfairly affect certain groups.^[2]

Arizona Housing Laws and Tribunals

Arizona residential renting is governed by the Arizona Residential Landlord and Tenant Act, which outlines rights and responsibilities for both landlords and tenants. If you believe a landlord is treating you unfairly based on criminal history, you can file a complaint with:

• The Arizona Attorney General’s Civil Rights Division (investigates fair housing complaints)
• The U.S. Department of Housing and Urban Development (for federal fair housing violations)

Fair Housing Protections for Renters with Criminal Records

While criminal history is not a protected category under federal or Arizona law, improper use of this information could violate fair housing laws. For example, refusing to rent to all individuals with criminal records—without considering the nature, severity, and recency of the offense—could inadvertently target specific communities, which is prohibited.

If you think a landlord’s screening process unfairly targets you based on your background, you may have grounds for a fair housing complaint.

Official Forms: Filing a Housing Discrimination Complaint

• Arizona Fair Housing Complaint Form
  Arizona Fair Housing Discrimination Complaint Form (PDF)
  Use this form to file a formal complaint with the Arizona Attorney General’s Office Civil Rights Division if you believe your rental application was denied due to unlawful discrimination, including misuse of criminal history. Complete it and follow the submission instructions listed on the form.
• HUD Housing Discrimination Complaint Form (Form 903)
  HUD Form 903 Housing Discrimination Complaint
  This federal form can be filed online or by mail if you want to lodge a fair housing complaint directly with HUD, especially when you suspect discriminatory practices tied to criminal background information.

Action Steps for Arizona Renters

• Ask the landlord for written criteria on their criminal background policy.
• If denied housing, request a written explanation for the decision.
• If you believe you were discriminated against, gather any supporting documents.
• File a complaint with the Arizona Attorney General or HUD as soon as possible.

FAQ: Arizona Renters & Criminal History Inquiries

1. Can a landlord deny my application due to a past conviction?
   Landlords in Arizona may consider convictions but cannot use blanket bans. Each situation must be reviewed individually, considering the type and timing of offenses.
2. Are arrest records treated the same as convictions?
   No. The use of arrest records alone (without a conviction) is discouraged and may violate fair housing guidelines.
3. How do I file a fair housing complaint if I believe I was discriminated against?
   File a complaint using the Arizona Fair Housing Complaint Form or HUD’s online portal.
4. What official law defines my rights in this area?
   Your rights are set out by the Arizona Residential Landlord and Tenant Act and the federal Fair Housing Act.
5. Can I ask the landlord to clarify their policy about criminal background checks?
   Yes. You have the right to request clarification or a copy of the landlord’s written screening criteria.

Key Takeaways for Arizona Renters

• Arizona landlords may ask about criminal history, but must follow fair housing laws.
• Blanket bans against applicants with criminal records are not allowed.
• If you suspect discrimination, file a complaint with the Arizona Attorney General or HUD promptly.

Need Help? Resources for Renters

• Arizona Attorney General Civil Rights Division — For complaints or more information on landlord-tenant issues and fair housing.
• U.S. Department of Housing and Urban Development (HUD) Fair Housing — Federal support for housing rights issues.
• Arizona Department of Housing — General tenant resources and education.
• Arizona Courts: Landlord & Tenant Dispute Information

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1. See: Federal Fair Housing Act (42 U.S.C. §§ 3601-3619)
2. See: HUD Office of General Counsel Guidance on Fair Housing and Criminal Records
3. Arizona Residential Landlord and Tenant Act — A.R.S. Title 33, Chapter 10

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