Landlords and Criminal Background Checks in Kentucky

Navigating the rental process in Kentucky can be daunting, especially if you’re worried about questions concerning criminal history. Many renters want to know what is legal for landlords to ask, what their own rights are, and where to turn if they feel discriminated against. Knowing your rights under Kentucky and federal fair housing laws is the first step toward safe and secure housing.

Your Rights in Kentucky: Criminal History and Rental Applications

In Kentucky, landlords are generally allowed to ask rental applicants about their criminal history. This is because neither state law nor the federal Fair Housing Act currently prohibits such questions. However, there are important limitations on how this information can be used:

• Disparate impact: Landlords cannot use blanket bans that automatically reject anyone with a criminal record. Policies must be tailored to consider the nature, severity, and timing of any offense.
• Protected classes: It’s illegal for landlords to use criminal history inquiries as a way to discriminate based on race, color, national origin, religion, sex, familial status, or disability.

This means landlords must be able to show a legitimate reason not related to discrimination when denying an applicant based on criminal background.^[1][2]

What Landlords Can and Cannot Ask

Here’s what you might encounter during the rental process:

• Questions about arrests that did not lead to conviction are generally discouraged by federal guidance and could be challenged.
• Denials based on outdated or unrelated convictions might violate fair housing law.
• Registered sex offender status is not a federally protected status; landlords may factor this into decisions, but must still avoid discriminatory practices.

Action Steps for Renters

If you’re asked about your criminal history or feel you’ve been unfairly denied:

• Request the landlord to explain their screening policy in writing.
• Ask what specific record was considered if you are denied.
• If you suspect discrimination, file a fair housing complaint with the U.S. Department of Housing and Urban Development (HUD) or Kentucky’s Kentucky Commission on Human Rights.

Official Forms and How To Use Them

• KCHR Housing Discrimination Complaint Form
  KCHR Complaint Form
  When to use: File this form if you feel a landlord has unfairly used criminal history to discriminate against you based on race, color, or other protected class.
  Example: If you believe you were denied housing because of your criminal record and you suspect it’s due to your race, complete and submit this form online or by mail.
• HUD Housing Discrimination Complaint Form (HUD-903 Online)
  HUD-903 Form
  When to use: Use this federal form to report housing discrimination to HUD.
  Example: If you were denied rental housing after disclosing a past conviction and believe the policy unlawfully discriminates, you can file this online or download and mail it.

Relevant Kentucky Law and Tribunals

In Kentucky, the primary law governing landlord-tenant relationships is the Kentucky Uniform Residential Landlord and Tenant Act (URLTA). Note that not all local counties and cities have adopted URLTA, so check if it applies to your area. For issues around discrimination, contact:

• Kentucky Commission on Human Rights (state housing authority and official tribunal for discrimination complaints)
• U.S. Department of Housing and Urban Development (HUD)

For more detail on Kentucky’s rental laws, visit the Kentucky Housing Corporation.

Frequently Asked Questions

1. Can a landlord deny me for any criminal conviction in Kentucky?
   A landlord can consider criminal convictions but must use an individualized approach. Blanket bans on applicants with any criminal history can violate fair housing rules if they disproportionately affect protected groups.
2. Is my criminal record a valid reason for eviction?
   Unless your criminal activity violates lease terms or endangers others, a past conviction alone is not usually grounds for eviction. Check your lease and seek legal advice if you receive an eviction notice.
3. How do I file a housing discrimination complaint in Kentucky?
   You can file a complaint with the Kentucky Commission on Human Rights using their official online form, or with HUD’s HUD-903 form online.
4. What if a landlord only asks certain applicants about criminal history?
   Selective screening based on race, ethnicity, or any other protected class is illegal under Kentucky and federal law.

Conclusion: Key Things to Remember

• Landlords in Kentucky can ask about criminal history, but cannot use this to discriminate against protected groups unjustly.
• If you feel wrongfully denied due to criminal history, you can file a complaint with the Kentucky Commission on Human Rights or HUD.
• Always keep written records of your communications when applying for rental housing.

Need Help? Resources for Renters

• Kentucky Commission on Human Rights: Main agency handling fair housing discrimination complaints in Kentucky.
• HUD Fair Housing and Equal Opportunity Office: Federal support and complaint processing.
• Kentucky Housing Corporation: Information on rental rights, programs, and support.
• Kentucky Uniform Residential Landlord and Tenant Act (URLTA): Full text of state landlord-tenant statute, if adopted locally.

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1. U.S. Department of Housing and Urban Development: Guidance on Application of Fair Housing Standards to the Use of Criminal Records
2. Kentucky Commission on Human Rights: State fair housing enforcement agency
3. Kentucky Uniform Residential Landlord and Tenant Act (URLTA)
4. Federal Fair Housing Act

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