Landlords and Criminal Background Checks in Montana

Many renters in Montana are concerned about how their criminal history can affect their housing opportunities. Understanding what landlords can ask, what’s protected under state and federal law, and your rights as a tenant is essential to a fair rental process. This guide explains the laws around criminal background checks, discrimination, and tenant protections in Montana—helping you navigate the application process with confidence.

Can Landlords Ask About Criminal History in Montana?

In Montana, landlords are generally allowed to ask about your criminal history during the rental application process. However, state and federal fair housing laws place important limits on how this information can be used, especially to prevent discrimination.

Key Points for Montana Renters

• Montana law does not prohibit landlords from asking about arrests or convictions, but certain uses of this information may be unlawful.
• Federal fair housing guidance prevents landlords from having blanket bans on renters with criminal convictions.
• Decisions must be based on actual convictions, not arrests, and consider the nature, severity, and recency of offenses.
• Discrimination based on race, color, national origin, religion, sex, family status, or disability is always illegal under the Fair Housing Act.

What Can—and Cannot—Be Asked?

Montana has no statewide law specifically restricting landlords from asking about criminal history, but:

• Landlords can request information on prior convictions.
• They cannot automatically deny all applicants with any criminal record—this is considered a "blanket policy" and is unlawful under federal guidance.
• Arrest records that did not lead to conviction should not be sole grounds for denial.

For more details, see the HUD Memo: Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing.

How Criminal History is Evaluated

• Landlords must individually assess the applicant’s circumstances—looking at what the offense was, how long ago it happened, and evidence of rehabilitation.
• Any policy or screening process that disproportionately impacts protected groups (such as race or national origin) may violate federal law.

Protections Against Discrimination in Montana

While Montana does not offer extra criminal history protections statewide, all renters are protected by federal fair housing laws. The Montana Residential Landlord and Tenant Act also governs general rental rights and protections for all Montana tenants.^[1]

• If you feel you have been denied housing because of a discriminatory or overly broad criminal background policy, you may have grounds to file a fair housing complaint.

How to File a Housing Discrimination Complaint

If you suspect a landlord’s criminal background check policy is discriminatory or violates your rights, you can take action.

• Contact the Montana Department of Commerce Housing Division or the U.S. Department of Housing and Urban Development (HUD).

Relevant Forms

• HUD Form 903: Housing Discrimination Complaint Form
  • View and download the HUD 903 form
  • Use: Complete this form if you believe a landlord unfairly denied your application due to your criminal history. Submit by mail, email, or online to HUD.

Official Agency and Tenancy Legislation

• Montana Department of Commerce: Housing Division – handles tenant complaints, resources, and statewide guidance.
• Montana Residential Landlord and Tenant Act of 1977 – the main legislation for renters’ rights and landlord obligations in Montana.^[1]

Frequently Asked Questions

1. Can a Montana landlord deny me for any criminal record?
   No. Landlords in Montana cannot have a blanket policy that denies all applicants with any criminal history. They must consider the nature, recency, and relevance of the conviction.
2. Are arrest records considered the same as convictions for rental applications?
   No. Only criminal convictions (not arrests without conviction) can be considered for denial, per federal guidance.
3. How can I file a housing discrimination complaint in Montana?
   Complete HUD Form 903 and submit it to the Department of Housing and Urban Development. You may also contact the Montana Department of Commerce Housing Division for help.
4. Does Montana have additional fair housing protections?
   Montana follows federal law and does not have extra statewide prohibitions on the use of criminal records. Local ordinances may vary.
5. What is the main law governing rental rights in Montana?
   The Montana Residential Landlord and Tenant Act of 1977 sets out tenant and landlord rights statewide.

Key Takeaways for Renters

• Montana landlords can ask about criminal background but must follow fair housing laws.
• Blanket bans against all applicants with criminal history are generally illegal.
• You are protected from discrimination by federal law, and can file a complaint if you believe your rights were violated.

Understanding these protections helps you prepare for rental applications and take action if issues arise.

Need Help? Resources for Renters

• Montana Department of Commerce: Rental Housing – Official portal for renter rights, complaints, and landlord-tenant information.
• HUD Fair Housing Complaint Process – Step-by-step instructions and online complaint filing with the U.S. Department of Housing and Urban Development.
• File a Fair Housing Complaint Online
• Montana Residential Landlord and Tenant Act of 1977 – Full legislation text and updates.

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1. [1] Montana Residential Landlord and Tenant Act of 1977

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