Can a landlord deny me solely based on my criminal record?

Landlords in Nevada may consider your criminal history, but blanket denials are discouraged and could violate fair housing laws if discriminatory in effect. Each application should be considered on an individual basis.

Do I have a right to challenge wrongful denial based on my background check?

Yes. You can request a copy of your background report under the Fair Credit Reporting Act and dispute any incorrect information with the landlord or reporting agency.

Does Nevada offer extra tenant protections around criminal history?

No statewide 'ban the box' law exists for private landlords, but both Nevada and federal law prohibit discrimination based on protected characteristics when using criminal history.

Where can I file a complaint about housing discrimination in Nevada?

You can file with the Nevada Equal Rights Commission (NERC) or the U.S. Department of Housing and Urban Development (HUD) using their official forms.

Are arrests (not convictions) considered by landlords?

Landlords should generally base decisions on convictions, not mere arrests. Using arrest records alone is discouraged by federal guidance.

Landlord Screening: Criminal History Rules for Nevada Renters

Discrimination & Fair Housing Laws Nevada published: June 21, 2025

Understanding your rights as a Nevada renter can be confusing, especially around background checks and criminal history questions. It's important to know what state law allows landlords to ask during the rental application process and how fair housing laws protect you. This guide explains Nevada's rules on criminal history, how these interact with federal fair housing laws, and steps renters can take if they feel unfairly treated.

What Can Landlords Ask About Criminal History in Nevada?

Under Nevada law, landlords are generally permitted to consider a potential tenant’s criminal record during the application and screening process. However, both federal and state housing laws protect renters against discriminatory practices.

Landlords may run background checks, including criminal history, unless prohibited by local ordinances.
It is illegal for landlords to use criminal history to discriminate based on race, color, national origin, religion, sex, disability, or familial status under the federal Fair Housing Act.^[1]
Landlords must apply their policies consistently to all applicants.
Use of arrest records alone (not convictions) is generally discouraged, per federal guidance.^[2]

Nevada does not have a "ban the box" law for private housing, so landlords can ask about criminal history on applications or conduct background checks. However, housing authorities and certain rental assistance programs may have different rules, so always check the application details.

Protections Against Discrimination

While landlords can ask about your criminal history, they cannot use this information to unfairly deny housing based on a protected class. The Nevada Fair Housing Law (NRS 118) aligns closely with federal law, providing broad anti-discrimination protections.

Blanket bans on renting to anyone with any kind of criminal record may violate federal fair housing rules.
Landlords should consider the nature of the offense, how long ago it occurred, and its relevance to housing.
If you believe you’ve been discriminated against, you can file a complaint with the Nevada Equal Rights Commission or the U.S. Department of Housing and Urban Development (HUD).

When is it Legal for a Landlord to Deny Tenancy Based on Criminal History?

Landlords can legally deny your application if your criminal record poses a demonstrable risk to the safety of the property or others. For example, recent convictions for violent crimes or drug manufacturing may be considered valid grounds for denial. However, policies must be fair, and you have the right to request further explanation.

Tip: If denied due to a background check, you have a right under the Fair Credit Reporting Act to request a copy of the background report and dispute any errors.

Filing a Discrimination Complaint in Nevada

If you feel your criminal history was used unfairly or in a discriminatory way, you can submit a complaint to the Nevada Equal Rights Commission (NERC).

Form Name: Housing Discrimination Complaint Form
When To Use: Use this form when you believe you have been denied housing or treated unfairly due to your criminal history and a protected characteristic (such as race or disability).
Official Form Link - Housing Discrimination Complaint (NERC)

The NERC will investigate and may facilitate a resolution or take enforcement action if laws were violated. Further details are available at the Nevada Equal Rights Commission website.^[3]

Which Tribunal Handles Tenant Complaints in Nevada?

In Nevada, housing discrimination complaints are handled by the Nevada Equal Rights Commission (NERC). Disputes regarding general landlord-tenant issues (not discrimination) are heard in Nevada Justice Courts under the Nevada Revised Statutes Chapter 118A (Residential Landlord and Tenant Act).^[4]

FAQ: Nevada Criminal History and Rental Applications

Can a landlord deny me solely based on my criminal record?
Landlords may consider your criminal history, but blanket policies are discouraged and may violate fair housing laws if discriminatory in effect. Every application must be reviewed individually.
Do I have a right to challenge wrongful denial based on my background check?
Yes. Under the Fair Credit Reporting Act, you may request a copy of your background report and dispute incorrect information.
Does Nevada offer extra tenant protections around criminal history?
No statewide "ban the box" policy exists for private landlords. However, both state and federal fair housing laws prohibit discrimination using criminal history as a proxy for race or other protected classes.
Where can I file a complaint about housing discrimination in Nevada?
You can file with the Nevada Equal Rights Commission or the U.S. Department of Housing and Urban Development (HUD).
Are arrests (not convictions) considered by landlords?
Generally, only convictions should be used to assess tenant suitability; relying solely on arrest records is not recommended and may violate federal guidance.

Key Takeaways

Nevada landlords may ask about criminal history but must follow anti-discrimination laws.
If you suspect unfair denial, file a complaint with NERC or HUD using official forms.
Always request and review your background report for accuracy if denied.

Need Help? Resources for Renters

Nevada Equal Rights Commission (NERC) – File discrimination complaints and access resources.
Nevada Revised Statutes Chapter 118A – State landlord-tenant laws.
U.S. Department of Housing and Urban Development (HUD) - Fair Housing – File federal complaints and learn more about your rights.
Nevada Justice Court: Landlord/Tenant – For general landlord-tenant issues.