North Carolina Rental Applications and Criminal History: Tenant Rights

When applying for a rental home in North Carolina, it's natural to wonder what personal information landlords can consider. One common concern is whether landlords are allowed to ask about your criminal history and how state and federal fair housing laws apply. Understanding your rights as a renter can help you navigate the application process with confidence.

Can Landlords Ask About Criminal History in North Carolina?

In North Carolina, landlords are generally allowed to ask about and consider an applicant’s criminal history during the rental screening process. There is no state law that prohibits this practice outright. However, there are important restrictions under federal fair housing laws that protect renters from discrimination based on how this information is used.

How Federal Fair Housing Laws Apply

The Fair Housing Act prohibits discrimination based on race, color, religion, national origin, sex, disability, and familial status. If a landlord uses criminal history information in a way that discriminates against one of these protected classes—such as by applying policies inconsistently or using blanket bans—it may violate federal law.^[1]

• Landlords must apply their screening criteria fairly and consistently to all applicants.
• Policies that reject all applicants with a criminal record could have a discriminatory effect, especially if they disproportionately impact protected groups.
• Arrest records alone (without conviction) cannot automatically be used to deny housing, as per HUD guidance.^[2]

North Carolina State Laws and Fair Housing Protections

While North Carolina does not have state laws beyond federal requirements regarding criminal history screening by landlords, the North Carolina Human Relations Commission enforces fair housing rights. If you believe a landlord misused your criminal history in a discriminatory way, you can file a complaint through this agency.

What to Expect on Rental Applications

Landlords may include questions about criminal background on the rental application form. They may also run a background check if you consent. These checks usually cover:

• Felony and misdemeanor convictions
• Recent or pending charges
• Sex offender registries

If you are asked, it is important to answer truthfully. However, you have the right to explain the circumstances, especially if the offense occurred long ago or if you have taken steps toward rehabilitation.

Official Forms Involved in Rental Screening

• Rental Application Form: This is the standard document used by most landlords and property managers. It typically asks for rental history, employment, references, and whether you have any criminal background. See a sample on the North Carolina Courts - Residential Rental Application.
  Example: If you are filling out an application for a Raleigh apartment, you may be required to submit this form and disclose any criminal convictions if asked.
• Fair Housing Complaint Form: If you suspect you've been unfairly denied due to criminal history in a discriminatory way, you can file a complaint using the NC Human Relations Commission Fair Housing Complaint Form.
  Example: If a landlord rejects your application solely based on a prior arrest without a conviction, and you feel this was discriminatory, you can use this form to initiate a complaint.

What To Do If You Feel Discriminated Against

If you believe your rental application was denied because of your criminal history in a way that violates fair housing laws, you can:

• Ask the landlord for the specific reason for denial (you have the right to this information if a background report was used, under the Fair Credit Reporting Act).
• Document all communications with the landlord or property manager.
• File a fair housing complaint with the NC Human Relations Commission or with HUD using their online complaint tool.

Your Rights Under North Carolina’s Residential Rental Agreements Act

North Carolina’s key tenancy law, the Residential Rental Agreements Act, does not set restrictions on landlords' use of criminal records, but all landlords must comply with federal fair housing requirements.^[3]

Where To Take Tenancy Disputes in North Carolina

Most rental disputes—including issues related to discrimination or application denials—are handled by the North Carolina Court System, typically in Small Claims Court for landlord-tenant matters. Fair housing complaints specifically go through the NC Human Relations Commission.

Frequently Asked Questions

1. Can a landlord deny me for any type of criminal record?
   Landlords can consider criminal convictions but must avoid blanket bans and apply policies consistently. Arrests without convictions should not be the sole reason for denial.
2. What if my conviction was many years ago?
   Landlords may still ask, but you can explain rehabilitation, references, or the time that has passed. Policies that reject all applicants for any record could be problematic under fair housing laws.
3. Do landlords have to give a reason for denial?
   If a background check was used, you have the right to know if information in the report led to denial, under the Fair Credit Reporting Act.
4. How can I file a discrimination complaint?
   You can file online with the NC Human Relations Commission or HUD using official complaint forms.
5. What if my background report is inaccurate?
   You can request a free copy, dispute errors, and provide corrections to landlords. Visit the Federal Trade Commission guidance for details.

Conclusion: Key Takeaways for Renters

• Landlords in North Carolina can ask about criminal history, but must comply with fair housing laws.
• Blanket bans or inconsistent use of criminal records may violate your rights.
• If you believe you faced discrimination, resources and official complaint forms are available to help you take action.

Need Help? Resources for Renters

• NC Human Relations Commission – File a Housing Discrimination Complaint
• North Carolina Court System – Landlord-Tenant Information
• U.S. Department of Housing and Urban Development – Fair Housing
• Federal Trade Commission – Your Rights with Background Checks
• NC Residential Rental Agreements Act

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1. Fair Housing Act – U.S. Department of Justice
2. HUD Guidance on Criminal Records and Fair Housing
3. NC Residential Rental Agreements Act

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