Can a private landlord in Arkansas refuse to rent to me because of my criminal history?

Yes, but only if the policy is applied equally to all applicants and isn't a blanket ban. Denying based on certain records may violate federal law if it results in discrimination.

Does arrest history count the same as convictions?

No. HUD guidance discourages using arrests without convictions as the basis for denying rental housing.

What can I do if I think a landlord discriminated against me?

You can file a complaint with the Arkansas Fair Housing Commission or HUD if you believe you faced discrimination based on your criminal history.

Are rules different for public housing or subsidized housing in Arkansas?

Yes, public housing agencies must comply with additional federal HUD rules when screening for criminal history.

Do I have to be notified if a background check causes my rental application to be denied?

Yes. Under federal Fair Credit Reporting Act rules, landlords must notify you and share the report if it led to denial.

Arkansas Landlords and Criminal History: What Renters Need to Know

Discrimination & Fair Housing Laws Arkansas published: June 21, 2025

If you’re searching for a rental home in Arkansas, you might wonder whether a landlord can ask about your criminal history during the application process. Understanding your rights under Arkansas law—and how federal fair housing protections apply—can make the process less stressful and help you respond confidently to any questions you encounter.

Are Landlords Allowed to Ask About Criminal History in Arkansas?

In Arkansas, there is currently no state law that directly prevents landlords from asking prospective tenants about their criminal history. This means landlords are generally permitted to inquire about arrests or convictions as a part of their tenant screening process. However, these questions must be asked and used in a way that complies with federal fair housing regulations.

How Federal Fair Housing Laws Affect Criminal History Inquiries

While Arkansas law is limited, federal Fair Housing Act protections make it illegal for landlords to discriminate against renters based on race, color, national origin, religion, sex, disability, or familial status^[1]. The U.S. Department of Housing and Urban Development (HUD) has provided guidance on how criminal history checks can sometimes lead to illegal discrimination—especially if policies unfairly affect certain protected groups.

Landlords cannot implement blanket bans on all individuals with any arrest or conviction record
Policies must be related to legitimate safety concerns and applied consistently
Arrests without convictions generally shouldn’t be used to deny housing

For more information on these protections and detailed HUD guidance, visit the U.S. HUD's Fair Housing and Equal Opportunity Office.

When Is It Illegal for an Arkansas Landlord to Deny Rental Based on Criminal History?

Landlords who deny applicants solely because of criminal records risk running afoul of federal discrimination laws, especially if their policy disproportionately impacts certain groups. The key considerations include:

Denial based on a conviction must relate to actual safety or property risks
Policies that treat applicants differently based on race, nationality, or other protected characteristics are prohibited

Tip: If you believe you’ve been denied housing unfairly due to criminal history, keep detailed records of your communication with the landlord and save copies of any application denials.

What Are Your Rights as a Renter in Arkansas?

Arkansas law does not limit criminal background checks for private landlords, but certain requirements must still be met under Arkansas Code Annotated, Title 18, Chapter 17 - Residential Landlord-Tenant Act^[2]. Additionally, if you are applying for public or subsidized housing, different rules may apply.

Landlords must apply the same screening criteria to all applicants
Using arrest records (not convictions) as the sole reason for denial is discouraged by HUD guidance
If you are rejected, you can request information on which specific record led to denial

If you suspect discrimination, you can file a complaint with the HUD Office of Fair Housing or the Arkansas Fair Housing Commission—the official state body handling residential tenancy discrimination cases.

Relevant Forms for Renters

HUD Form 903 Online Complaint
File a Housing Discrimination Complaint (HUD Form 903)
When to Use: If you believe you've been denied housing or treated unfairly due to criminal history or other discriminatory reasons. Example: You applied for an apartment and were denied after disclosing a criminal conviction, but others with similar backgrounds were approved.
Arkansas Fair Housing Commission Complaint Form
Arkansas Housing Discrimination Complaint Intake Form
When to Use: Use this form to report suspected discrimination by a landlord or property manager in Arkansas. Example: You are told your application was rejected because of a ten-year-old misdemeanor and suspect inconsistent application of policy.

What Happens After Filing a Complaint?

After submitting a complaint, the Commission or HUD will contact you, initiate an investigation, and may mediate with your landlord. Outcomes may include a settlement, a hearing, or in some cases, a referral for further legal enforcement.

FAQ: Renters and Criminal History Inquiries in Arkansas

Can a private landlord in Arkansas refuse to rent to me because of my criminal history?
Yes, but only if the policy is applied equally to all applicants and is not a blanket ban. Denying housing solely based on certain criminal records may violate federal law if it results in discrimination.
Does arrest history count the same as convictions?
No. HUD guidance discourages landlords from treating arrests without convictions the same as criminal convictions for housing denials.
What can I do if I think a landlord discriminated against me?
You can file a complaint with the Arkansas Fair Housing Commission or with HUD using HUD Form 903.
Are rules different for public housing or subsidized housing in Arkansas?
Yes. Public housing agencies must comply with federal HUD regulations, which may include additional protections and restrictions when conducting criminal background checks.
Do I have to be notified if a background check causes my rental application to be denied?
Yes. Under the federal Fair Credit Reporting Act, landlords who use a third-party screening service must notify you if information in the report led to a denial, and provide you a copy of the report.

Key Takeaways for Arkansas Renters

Landlords in Arkansas can ask about criminal history, but must follow federal and state fair housing laws
Blanket bans on all criminal records are discouraged and may be illegal under certain conditions
If you believe you've experienced discrimination, file a formal complaint with the Arkansas Fair Housing Commission or HUD

Stay informed about your rights to secure fair and equal housing in Arkansas.

Need Help? Resources for Renters

Arkansas Fair Housing Commission – State body handling housing discrimination complaints and information
HUD Fair Housing and Equal Opportunity Office – Federal fair housing complaints and resources
Arkansas Legal Services – Free or low-cost legal help for renters
Center for Arkansas Legal Services – Legal information and support for tenants

Fair Housing Act, 42 U.S.C. §§ 3601-3619. CFR Title 24 Subtitle B, HUD—Regulations and Guidance. Read the Fair Housing Act
Arkansas Code Annotated, Title 18, Chapter 17 – Residential Landlord-Tenant Act of 2007. Arkansas Landlord-Tenant Law