Can Tennessee Landlords Ask About Criminal History?

When searching for a rental in Tennessee, many tenants are concerned about whether landlords can ask about their criminal history. Understanding your rights can help ensure fair treatment and prevent discrimination in the housing process.

Is It Legal for Landlords to Ask About Criminal History in Tennessee?

In Tennessee, there is no state law that prohibits landlords from asking rental applicants about their criminal history. This means landlords are generally allowed to ask about convictions or to conduct background checks as part of the application process. However, federal laws—most notably the Fair Housing Act—protect renters from discrimination based on race, color, national origin, religion, sex, familial status, or disability.

While considering criminal history is permitted, landlords cannot use background checks in ways that would unfairly discriminate against protected groups. The U.S. Department of Housing and Urban Development (HUD) warns that blanket policies refusing to rent to anyone with a criminal record may violate fair housing laws.^[1]

How Landlords Use Background Checks

• Landlords may request consent to run criminal background checks.
• Background checks often include information about felony and misdemeanor convictions, as well as some arrests.
• Arrest records (not leading to conviction) are generally discouraged as a reason for denial by HUD.
• Individualized review is encouraged. Landlords should consider the severity, nature, and recency of any convictions rather than blanket refusals.

Can a Criminal Record Be Used to Deny Tenancy?

Yes, a landlord in Tennessee may deny an application based on a conviction if they believe it is relevant to property safety or management. However, automatic or blanket denials for any criminal conviction—without considering details—can lead to potential fair housing violations, especially if they disproportionately impact protected groups.^[2]

HUD provides additional guidance on how landlords should use criminal history, found at HUD's application of Fair Housing Act standards to the use of criminal records.

State and Local Laws

Tennessee does not have a state-level "fair chance housing" law, and currently has no additional restrictions on criminal history screening beyond the federal requirements. Some larger cities in other states have enacted local "ban-the-box" or tenant screening reform measures, but these do not apply statewide in Tennessee.

Filing a Fair Housing Complaint in Tennessee

If you suspect a landlord has used criminal records in a discriminatory way, you may file a complaint with:

• U.S. Department of Housing and Urban Development (HUD): The federal agency handling housing discrimination cases.
• Tennessee Human Rights Commission (THRC): The state agency that investigates discrimination in housing, employment, and public accommodations.

Relevant Official Forms

• HUD Discrimination Complaint Form (HUD-903)
  HUD Form 903.1 is used to submit a fair housing complaint directly to HUD. For example, if you believe you were denied based on a criminal record and suspect discrimination, fill out this form online, by mail, or via phone.
• Tennessee Human Rights Commission - Complaint Intake Form
  Use the THRC online complaint form for state-level fair housing cases. This is helpful if your situation involves discrimination under Tennessee's Human Rights Act.

Which Tribunal Handles Tenant Complaints in Tennessee?

While Tennessee does not have a state-level landlord-tenant tribunal, disputes regarding rental housing (including discrimination) are generally handled by the Tennessee General Sessions Courts. For discrimination complaints, file with the Tennessee Human Rights Commission or HUD as described above.

For more on tenant rights, review the Tennessee Consumer Affairs Landlord-Tenant Guide and the Tennessee Uniform Residential Landlord and Tenant Act (T.C.A. Title 66, Chapter 28).

Frequently Asked Questions

1. Can a Tennessee landlord deny my application because of my criminal record?
   Yes, landlords can consider your criminal record but must do so fairly and cannot discriminate against protected groups. Blanket refusals may be unlawful under federal law.
2. What are my rights if I'm denied for criminal history?
   You can request the landlord's written reasons and, if you believe discrimination occurred, file a complaint with HUD or the Tennessee Human Rights Commission.
3. Are arrests (without convictions) grounds for denial?
   HUD discourages the use of arrest records alone for denying rental applications. Convictions may be considered, but not all are grounds for denial.
4. Does Tennessee have a "ban the box" or "fair chance" renter law?
   No, Tennessee currently has no such laws for rental housing at the state level.
5. Where can I find help if I think I was discriminated against?
   Contact the Tennessee Human Rights Commission or HUD, and refer to their official complaint forms and instructions for guidance.

Key Takeaways for Tennessee Renters

• Landlords in Tennessee may ask about and use your criminal history, but federal fair housing rules apply.
• Denying applicants solely based on criminal history may be discrimination if it impacts protected groups.
• Use official complaint forms and resources if you believe you've been treated unfairly.

Knowing your rights helps protect you from discrimination and ensures fairer access to rental housing in Tennessee.

Need Help? Resources for Renters

• HUD Fair Housing Office
• Tennessee Human Rights Commission
• Tennessee Renters' Guide (State of Tennessee)
• Tennessee Uniform Residential Landlord and Tenant Act (T.C.A. Title 66, Chapter 28)
• Tennessee General Sessions Courts

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1. U.S. Department of Housing and Urban Development. Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records.
2. Tennessee Uniform Residential Landlord and Tenant Act, T.C.A. Title 66, Chapter 28.

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