Landlords and Criminal History: Indiana Renter Protections Guide

If you're a renter in Indiana, questions about your background—including any criminal history—can feel overwhelming when applying for housing. Understanding what landlords can legally ask, what rights you have, and what steps to take if you feel discriminated against is key to securing and keeping safe housing. This article explains Indiana's rules around landlord background checks and criminal history questions to help you feel informed during your rental journey.

Can a Landlord Ask About Your Criminal History in Indiana?

In Indiana, there is no statewide law that specifically prohibits landlords from asking about your criminal record as part of the rental application process. Landlords are generally allowed to:

• Ask about prior convictions on rental applications
• Run background checks (including criminal background checks) if they disclose this to the applicant

However, federal laws—including the Fair Housing Act—prohibit discrimination based on race, color, national origin, religion, sex, familial status, or disability. A landlord's use of criminal history must not violate these anti-discrimination rules. If a landlord's background check policies unfairly impact members of a protected class (for instance, by targeting people of a certain race), this might be illegal under federal law.^[1]

Local Rules and Public Housing Considerations

In Indiana, cities such as Indianapolis do not currently have additional local protections, but public housing authorities that administer Section 8 and Public Housing programs must follow federal HUD rules. These include:

• No blanket bans based solely on arrests (without a conviction)
• Individual assessment of each applicant's situation

Visit the Indiana Housing & Community Development Authority for details on public and subsidized housing requirements.

Fair Housing and Protected Rights

Landlords must ensure that screening practices around criminal history are not used to discriminate against protected groups under the federal Fair Housing Act. Indiana law does not add extra protected classes, but practices that have an unfair impact on certain groups can be challenged at the federal level.

Screening Notices and Application Forms

While Indiana does not require a standard rental application, if your landlord requests a background check, you may be asked to sign a consent form provided by the landlord or screening company. Always review what you are consenting to, and ask to see a copy of any background report used to make a rental decision.

• Sample form: Tenant Background Screening Authorization Form (no official form number; varies by housing provider).
• When to use: Before a landlord or property manager conducts any background check, you must give written consent.
• Example: You fill out a rental application and sign a consent form allowing the landlord to check your criminal and credit history.
• Official guidance: Find fair housing application information at HUD's fair housing complaint portal.

If you believe your application was denied unlawfully, you may request a copy of your background check. The Fair Credit Reporting Act ensures you can dispute errors or outdated information.^[2]

How to Take Action if You Suspect Discrimination

If a landlord's use of criminal history is preventing you from securing a rental, and you believe it is being used in a discriminatory way, you can take these steps:

• Contact the Indiana Attorney General's Consumer Protection Division or your local fair housing office.
• File a complaint online through the U.S. Department of Housing and Urban Development (HUD).

Residential Tenancy Tribunal/Board in Indiana

Indiana does not operate a single residential tenancy board. Legal disputes are typically handled by county Small Claims courts. For more information or support, contact the Indiana Housing & Community Development Authority or visit Indiana Attorney General's Consumer Protection Division.

Relevant Legislation for Indiana Renters

• Indiana Code Title 32, Article 31: Landlord-Tenant Relations
• Federal Fair Housing Act
• Fair Credit Reporting Act

Always check for the latest updates on Indiana’s rental housing laws and your rights as a tenant.

FAQs for Renters in Indiana

1. Can Indiana landlords deny me based on any criminal conviction?
   Landlords can consider criminal convictions when screening applicants but may not have blanket bans for arrests or certain older offenses. If their policy impacts a protected group disproportionately, it may violate federal Fair Housing laws.
2. Are arrests without convictions allowed to be considered?
   No, federal guidance discourages using arrests without a conviction to deny housing. Housing providers, especially public ones, must give individualized assessments for applicants with records.
3. How do I dispute inaccurate information on my background check?
   You can request a copy of the background check used against you, and file a dispute under the Fair Credit Reporting Act if there are errors. The reporting agency must investigate the claim.
4. Can I file a complaint if I feel discriminated against when applying?
   Yes. You can file a fair housing complaint through HUD or contact the Indiana Attorney General’s Consumer Protection Division for assistance.
5. Who oversees rental housing issues in Indiana?
   Indiana rental disputes are typically handled through county Small Claims courts. Statewide resources are available through the Indiana Housing & Community Development Authority.

Conclusion: Key Takeaways for Indiana Renters

• Landlords in Indiana can run criminal background checks, but must follow federal anti-discrimination rules.
• If you feel criminal history questions are being used unfairly, you have the right to contest and file a complaint.
• Use state and federal resources to stay informed and supported in your renting journey.

With knowledge of your rights and Indiana’s laws, you can navigate background checks and applications more confidently.

Need Help? Resources for Renters

• Indiana Housing & Community Development Authority – Guidance on rental assistance, tenant rights
• Indiana Attorney General’s Consumer Protection Division – File complaints or seek tenant advice
• U.S. Department of Housing and Urban Development (HUD) – Fair Housing Complaint Portal

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1. Fair Housing Act (Title VIII of the Civil Rights Act of 1968)
2. Fair Credit Reporting Act

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