Landlords and Criminal History Inquiries in Connecticut

Understanding your rights as a renter in Connecticut is crucial, especially regarding what a landlord can ask about your criminal history. Recent state laws aim to balance fair housing access with property safety. This article breaks down your rights, the screening process, and steps you can take if you believe your rights are violated.

Can a Landlord Ask About Criminal History in Connecticut?

Connecticut law allows landlords to conduct background checks, including inquiries about criminal history, but there are important restrictions:

• Arrests: Landlords cannot ask about or consider arrests that did not result in conviction.
• Records Not Resulting in Conviction: Landlords cannot deny a rental application based solely on a record of arrest, juvenile record, or sealed/expunged conviction.
• Convictions: Landlords may consider certain criminal convictions, especially if they relate to property safety, drug offenses, or violent crimes.
• Timing: In most cases, landlords may only ask about criminal history after making a conditional offer to rent.

The Connecticut Fair Housing Act and federal Fair Housing Act both protect renters from certain types of discrimination, including policies that exclude people with criminal records in a way that disproportionately affects individuals of a particular race or national origin.^[1]

What Criminal Records Can Landlords Use?

While landlords can seek information about convictions, they must use this information fairly:

• Cannot have a blanket ban on anyone with any criminal conviction.
• Should consider the nature, severity, and recency of the offense.
• Certain convictions (such as minor infractions from many years ago) should not automatically exclude an applicant.

If you believe a landlord’s policy is too broad or affects one group of people more than others, you may have grounds to file a complaint with the Connecticut Commission on Human Rights and Opportunities (CHRO).

Relevant Connecticut Forms and Processes

• Discriminatory Practices Complaint Form:
  CHRO Housing Discrimination Complaint Form
  When to use: If you believe a landlord denied your application unfairly because of your criminal record or another protected characteristic under state or federal law.
  Example: If you were denied an apartment after being asked about an old, expunged record, and you suspect discrimination, fill out this form with details. The CHRO will review your complaint.

Which Tribunal Handles These Issues?

Connecticut’s Commission on Human Rights and Opportunities (CHRO) investigates housing discrimination complaints, including improper use of criminal history in tenant screening. The CHRO can resolve complaints through investigation, mediation, or hearing.^[2]

Relevant Connecticut Legislation

• Connecticut General Statutes Chapter 814c – Discriminatory Housing Practices (including the Connecticut Fair Housing Act)
• Connecticut General Statutes Chapter 831 – Landlord and Tenant

In summary: Landlords in Connecticut can ask about some criminal convictions, but cannot use criminal history screening in ways that violate state or federal fair housing laws. If you feel a landlord used your criminal record unfairly, you have rights and options for recourse.

Frequently Asked Questions

1. Can a landlord deny my application for any criminal record?
   Landlords cannot have a blanket policy against renting to anyone with any criminal record. They must consider the type, seriousness, and age of the offense, and their policy can’t disproportionately impact protected groups.
2. Are arrests considered the same as convictions?
   No. Connecticut law prohibits landlords from asking about or using information regarding arrests that did not result in a conviction.
3. What if my conviction was expunged or sealed?
   Landlords cannot ask about or use expunged or sealed convictions when making rental decisions.
4. How do I file a discrimination complaint in Connecticut?
   You can file online or mail a CHRO Housing Discrimination Complaint Form to the Connecticut Commission on Human Rights and Opportunities. Include details and any supporting documentation.
5. Which agency protects renters from discrimination in Connecticut?
   The Connecticut Commission on Human Rights and Opportunities (CHRO) is the state agency that handles discrimination complaints.

Conclusion: Key Takeaways

• Connecticut law restricts landlords from using criminal history in ways that lead to unfair discrimination.
• Landlords cannot ask about or use arrests, juvenile records, or expunged convictions.
• If you believe your rights were violated, you can file a complaint with the CHRO.

For more guidance, keep a record of your rental application and communications, and know your fair housing rights.

Need Help? Resources for Renters

• Connecticut Commission on Human Rights and Opportunities (CHRO) – File complaints, review forms, and access guides.
• Connecticut Fair Housing Brochure – Learn about your rights under state and federal law.
• HUD – Renting in Connecticut
• Connecticut Discriminatory Housing Practices Law

---

1. Connecticut Commission on Human Rights and Opportunities
2. U.S. Department of Justice – Fair Housing Act

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations