Landlords and Criminal History in Missouri: Your Rights

Understanding your rights as a renter in Missouri is key when it comes to landlord screening questions. One frequent concern is whether landlords can ask about your criminal history during the rental application process. This guide breaks down current Missouri law, offers practical tips, and connects you to official resources, so you feel empowered and informed in your housing search.

Are Landlords Allowed to Ask About Criminal History in Missouri?

In Missouri, there is no statewide law that prohibits landlords from asking prospective tenants about their criminal backgrounds. Landlords are generally allowed to include questions about criminal convictions or require a background check during the screening process.

• State law does not prevent landlords from inquiring about arrests, charges, or convictions.
• However, federal fair housing laws protect applicants from discrimination based on race, color, national origin, religion, sex, disability, and familial status—this includes situations where criminal history policies might have unequal impacts on protected groups.
• Some Missouri cities may have additional ordinances affecting what landlords can ask or consider—check your local city or county housing authority for specific rules.

How Federal Laws Protect Against Discriminatory Screening

While Missouri has no ban-the-box law for private landlords, federal guidance from the U.S. Department of Housing and Urban Development (HUD) warns against discriminatory blanket bans on applicants with criminal records. Under the federal Fair Housing Act:

• Landlords cannot use criminal history policies that are intended to discriminate or have an unjustified discriminatory effect.
• A blanket policy of refusing anyone with any criminal conviction is likely unlawful under federal guidelines.

Instead, landlords are advised to consider:

• The nature and severity of the offense
• How much time has passed since the incident
• Whether the conviction actually threatens the safety or property of others

What Can Landlords Ask, and What Are Your Rights?

Landlords in Missouri may:

• Request permission for a criminal background check on your application
• Ask questions about convictions (not just arrests)
• Deny applicants based on serious, recent criminal convictions if the reason is related to the safety of residents or property

However, landlords cannot:

• Deny all applicants with criminal records without reviewing each case individually
• Use any screening policy that unfairly excludes renters from protected groups under the Fair Housing Act

How to Respond if You’re Denied Housing Due to Criminal History

If you believe you’ve been unfairly denied housing based on your criminal record, especially if you feel there’s discrimination involved, you have options:

• Ask the landlord for a specific reason for your denial
• Request a copy of your background screening report
• File a complaint with the Missouri Commission on Human Rights (MCHR), the state’s main tribunal for discrimination complaints
• You may also file a complaint directly with HUD’s Office of Fair Housing and Equal Opportunity

Relevant Official Forms and How to Use Them

• Missouri Commission on Human Rights Discrimination Complaint Form (MO-CHR-5): Used to file a formal complaint if you believe you’ve been discriminated against based on how your criminal history was considered.
  Example: If your application was denied after a landlord applied a blanket ban on anyone with a conviction, you can fill out the Discrimination Complaint Form and follow the filing process described on the MCHR complaint page.

FAQ: Landlords, Screening, and Criminal History in Missouri

1. Can my landlord deny me for any criminal conviction in Missouri?
   Landlords can consider criminal convictions during screening, but they must make decisions based on the severity and relevance of the offense. Federal guidance warns against blanket bans and emphasizes fair treatment for all applicants.
2. Does the Fair Housing Act protect me if I have a criminal record?
   The Fair Housing Act doesn’t directly list criminal history as a protected class, but if a landlord’s policy unfairly impacts people based on race, national origin, or another protected status, you may be protected.
3. What should I do if I believe I’ve faced discrimination?
   You should gather all relevant records and communication, then file a complaint with the Missouri Commission on Human Rights or HUD’s Office of Fair Housing and Equal Opportunity.
4. Can a landlord ask about arrests, or only convictions?
   Landlords may ask about criminal history, but using arrest records alone (with no conviction) to deny housing may be viewed as discriminatory. Convictions carry more weight.
5. Are there local laws in Missouri cities that are stricter?
   Some cities or counties may have expanded renter protections. Always check with your local housing authority for any ordinances beyond state law.

Need Help? Resources for Renters

• Missouri Commission on Human Rights (MCHR): Handles fair housing discrimination complaints statewide.
• HUD Fair Housing Information: National protection and complaint filing resource.
• Missouri Legal Aid Offices: Provides free or low-cost legal assistance to renters.
• Local Housing Authorities: Contact for city-specific renter rights and fair housing support.

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1. Missouri Revised Statutes Chapter 441 (Landlord and Tenant Law)
2. Federal Fair Housing Act
3. Missouri Commission on Human Rights - How to File a Complaint
4. HUD Guidance on Use of Criminal Records in Housing

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