Nebraska Landlords and Criminal History: Your Rights Explained

If you're searching for a rental in Nebraska or renewing your lease, you might wonder whether a landlord can ask about your criminal history. This issue is important for many renters, and the answer involves federal law as well as Nebraska state rules. Understanding your rights and your landlord’s responsibilities helps you make informed decisions and seek help if you face discrimination.

Can Nebraska Landlords Ask About Criminal History?

In Nebraska, landlords are generally allowed to ask rental applicants about their criminal history. There is currently no state law specifically prohibiting such inquiries for most standard rentals. However, both federal regulations and the Nebraska Fair Housing Act protect renters from discrimination in housing decisions based on certain protected categories, such as race, national origin, or disability.

What Does the Law Say?

While criminal history itself is not a protected status, using criminal records as a pretext to discriminate against someone because of their race, color, national origin, religion, sex, familial status, or disability is illegal under the federal Fair Housing Act and the Nebraska Fair Housing Act.^[1][2]

Additionally, HUD guidance urges landlords not to apply blanket bans on anyone with an arrest or conviction—they must show that their policy is justified by legitimate safety reasons and is narrowly tailored.

When and How Can a Landlord Use Criminal History?

Landlords might:

• Ask applicants to disclose past convictions
• Run public background checks
• Set reasonable screening criteria (for example, excluding violent felonies in the past X years)

But they cannot:

• Use criminal records to unfairly exclude large groups of people in a way that results in discrimination against a protected class
• Automatically deny everyone who has any criminal record
• Consider arrests that did not lead to convictions

If you believe you were denied a rental home because of a criminal record and think the landlord's policy is discriminatory, you may have legal options.

What Forms and Protections Exist for Renters?

While there isn’t a specific Nebraska state form for disputing housing denial based on criminal history, renters can take action through the following steps:

• Nebraska Fair Housing Complaint Form: Used to file a discrimination complaint with the Nebraska Equal Opportunity Commission (NEOC).
  Example: If you were denied a lease and suspect it was because of your race combined with your criminal history, you could submit this form.
  Download the Nebraska NEOC Housing Discrimination Complaint Form
• HUD Fair Housing Complaint: Anyone in Nebraska can use HUD’s online system or paper complaint form to report housing discrimination related to criminal history.
  Submit a HUD Fair Housing Complaint Online

The Nebraska County Court is the main tribunal that handles residential tenancy disputes involving evictions and certain housing issues.

The primary law governing your rights is the Nebraska Residential Landlord and Tenant Act.^[3]

Steps to Take if You Feel Discriminated Against

If you suspect that a landlord used your criminal record as an excuse to discriminate based on protected status:

• Ask the landlord for written reasons for the denial (not required, but helpful)
• Gather all documents: rental application, denial letter, communications, and background check
• File a complaint with the Nebraska Equal Opportunity Commission or HUD (see forms above)

How Does This Affect Your Rental Search?

Nebraska law allows landlords to consider criminal history, but they must apply rules fairly and without bias. Some localities or public housing programs may have additional rules regarding screening, so always double-check any city-specific policies.

FAQ: Criminal History and Renting in Nebraska

1. Can a landlord deny me for any criminal record?
   No, landlords must have a valid reason for denial and cannot automatically deny all applicants with criminal history. They also must not discriminate against protected classes.
2. Is arrest history (without conviction) a valid reason for denial?
   No, landlords should not use mere arrest records as a sole reason to deny a rental application.
3. Who investigates housing discrimination in Nebraska?
   The Nebraska Equal Opportunity Commission (NEOC) and the U.S. Department of Housing and Urban Development (HUD) both investigate fair housing complaints.
4. Does the Nebraska Residential Landlord and Tenant Act protect people with criminal records?
   This law does not specifically address criminal history, but it does require landlords to apply fair practices and follow other state and federal protections.
5. Can I apply for public housing if I have a criminal record?
   Public housing agencies have strict federal guidelines. Some violent or drug offenses may be disqualifying, but many people with criminal records are still eligible. Always check the local public housing authority's requirements.

Conclusion: Key Takeaways for Renters

• Nebraska landlords can ask about your criminal history, but must apply their policies fairly and follow the Nebraska Fair Housing Act.
• It’s illegal for landlords to use criminal history as a pretext for discrimination based on protected classes like race or disability.
• If you think you were denied for discriminatory reasons, you can file a complaint with NEOC or HUD.

Know your rights and don’t hesitate to seek support if you feel you’ve been treated unfairly.

Need Help? Resources for Renters

• Nebraska Equal Opportunity Commission (NEOC): Handles housing discrimination complaints statewide.
• U.S. Department of Housing and Urban Development (Nebraska): Federal fair housing guidance and complaint process.
• Nebraska County Court – Landlord/Tenant Information: Official eviction and tenancy proceedings.
• Nebraska Residential Landlord and Tenant Act (Full Text)

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1. Fair Housing Act – U.S. Department of Housing and Urban Development
2. Nebraska Fair Housing Act
3. Nebraska Residential Landlord and Tenant Act

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