If I have a criminal record, can a landlord automatically deny me housing?

No. Landlords must consider the type and age of the offense and make an individual assessment. Blanket denial policies can violate fair housing laws.

Does it make a difference if my record is for a minor offense?

Yes. Older and minor offenses, especially those not involving violence or harm to property, are less likely to be valid reasons to deny housing.

Can I challenge a rental denial if I think it was discriminatory?

Yes. You can file a complaint with the Rhode Island Commission for Human Rights or HUD. Use their official forms to start the process.

What information can a landlord legally use from my criminal background?

Only convictions—not arrests—may be considered. The landlord should weigh if the conviction is relevant to safe and responsible tenancy.

Do I have to tell a landlord about sealed or expunged records?

No. Sealed or expunged records are not public and do not have to be disclosed on a rental application.

Rhode Island Rental Laws: Criminal History & Landlord Screening

Discrimination & Fair Housing Laws Rhode Island published: June 21, 2025

Renters in Rhode Island often wonder if a landlord can ask about their criminal history when applying for a new place. With fair housing laws constantly evolving, understanding your rights is important for protecting your housing opportunities and making informed decisions. This guide explains recent rules, steps you can take if you've been denied housing, and where to get help—all based on official Rhode Island law and government resources.

What Rhode Island Law Says About Landlords Asking About Criminal History

Rhode Island landlords are allowed to consider criminal history as part of the rental application process, but there are strong protections and legal guidelines they must follow. These are based on federal law, state anti-discrimination laws, and the Rhode Island Residential Landlord and Tenant Act.

Fair Housing Law: Landlords cannot refuse to rent to someone based just on arrest records or criminal history, especially if it creates a discriminatory effect against protected groups.^[1]
Limited Use: Landlords may consider convictions, but not all convictions are relevant. For example, older or minor nonviolent offenses are often discouraged from being used against applicants.
Individual Assessment: The U.S. Department of Housing and Urban Development (HUD) encourages landlords to consider factors like the nature of the offense, how much time has passed, and evidence of rehabilitation.^[2]

Rhode Island also follows federal guidance from HUD, meaning blanket bans on applicants with a criminal record may violate fair housing protections.

How Landlords Screen Applicants in Rhode Island

It's common for landlords to run background checks as part of screening. Here's what you can expect:

You may be asked for written consent to a background or criminal records check.
Landlords must apply their screening policies equally to all applicants.
They should consider the details and context of any criminal history, not just its presence.

Tip: If you're worried a past conviction might affect your application, it's a good idea to discuss it openly. Provide references and any evidence of rehabilitation or community involvement.

Your Rights If Denied Housing Due to Criminal History

If you are turned down for a rental based on your criminal history, you have protections under federal and Rhode Island fair housing law:

You have the right to ask why your application was denied.
If you believe you were discriminated against for reasons like race, color, national origin, disability, religion, sex, or family status, you can file a complaint.

Official Forms and How to File a Complaint

Rhode Island Commission for Human Rights Housing Discrimination Complaint Form
Official Discrimination Complaint Form (no number)
When to use: File this form if you think you were denied housing in a discriminatory way due to your criminal history (e.g., you believe the landlord's policy unfairly targets certain groups).
Example: If a landlord rejects your application and their policy excludes all applicants with any criminal record, you may use this form to start an investigation.
HUD Housing Discrimination Complaint Form
HUD Online Complaint Portal
When to use: If you believe the denial violated federal fair housing protections, you can file with HUD as well.

Who Oversees Landlord-Tenant Disputes?

The Rhode Island District Court Housing Calendar handles residential tenancy matters. They manage disputes between landlords and tenants—including those related to screening and discrimination.

Relevant Legislation and Official Resources

These resources are updated regularly, so always check them for the latest protections.

FAQ: Common Questions About Criminal History and Renting in Rhode Island

If I have a criminal record, can a landlord automatically deny me housing?
No. Landlords must consider the type and age of the offense and make an individual assessment. Blanket denial policies can violate fair housing laws.
Does it make a difference if my record is for a minor offense?
Yes. Older and minor offenses (especially those not involving violence or harm to property) are less likely to be valid reasons to deny housing.
Can I challenge a rental denial if I think it was discriminatory?
Yes. You can file a complaint with the Rhode Island Commission for Human Rights or HUD. Use their official forms to start the process.
What information can a landlord legally use from my criminal background?
Only convictions—not arrests—may be considered. The landlord should weigh if the conviction is relevant to safe and responsible tenancy.
Do I have to tell a landlord about sealed or expunged records?
No. Sealed or expunged records are not public and do not have to be disclosed on a rental application.

Key Takeaways for Renters in Rhode Island

Landlords can ask about criminal history but must follow fair housing and state laws.
You have clear rights if you are denied rental housing—always ask for the reason in writing.
Resources and official complaint forms are available if you believe you were treated unfairly.

Need Help? Resources for Renters

Rhode Island Commission for Human Rights: For discrimination complaints and advice, call (401) 222-2661 or visit their housing discrimination guidance page.
Rhode Island District Court Housing Calendar: The official tribunal handling landlord-tenant cases.
HUD Office of Fair Housing: Federal support for renters facing discrimination.
Free legal help: Rhode Island Legal Services offers help with housing problems for eligible renters.

Rhode Island Residential Landlord and Tenant Act, §§ 34-18 et seq. View official text
U.S. Department of Housing and Urban Development guidance, "Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing," read the full HUD memo here