Utah Rules on Landlords Asking About Criminal History

If you're searching for a place to rent in Utah, you might wonder whether a landlord can ask about your criminal history on a rental application. This is a common concern—especially for renters seeking a second chance. Utah’s tenant screening laws do allow some questions about criminal records, but there are important legal protections and limits landlords must follow.

Can a Utah Landlord Ask About Criminal History?

In Utah, landlords are generally allowed to ask about an applicant’s criminal background. However, there are federal and state guidelines to ensure this screening isn’t used to unfairly discriminate against renters.

• Landlords can ask about felony or misdemeanor convictions during the application process.
• They must apply the same screening standards to every applicant to avoid discrimination.
• Criminal history questions or background checks should focus only on convictions, not arrests that did not lead to a conviction.

Utah law does not prohibit landlords from running criminal background checks or inquiring about your history, but federal Fair Housing laws and rules from the U.S. Department of Housing and Urban Development (HUD) protect renters from discrimination based on race, color, religion, sex, disability, familial status, or national origin.^[1]

Limits and Protections for Renters

Landlords in Utah cannot have policies that automatically reject all applicants with criminal records. Blanket bans like this could violate Fair Housing laws because of their disproportionate impact on certain protected groups.

• Decisions must be based on individual review. For example, landlords should consider the nature and severity of the offense and how long ago it occurred.
• Rental denials based on past convictions need legitimate business reasons (e.g., recent violent crimes may be considered).
• HUD guidance makes clear that policies excluding people due to arrests without conviction are not allowed.

Utah State Law and Local Rental Legislation

Utah’s main law covering rental housing is the Utah Fit Premises Act.^[2] While this law outlines landlord and tenant obligations, it does not set detailed rules about criminal background inquiries. Instead, it is federal Fair Housing law and HUD guidelines that offer the main protections in this area.

Forms You May Encounter

• Rental Application Form: Most landlords use a standard form to collect background information. While Utah does not provide a uniform official form, look for applications asking about criminal convictions—be honest but know your rights. Example: If you were convicted six years ago, you should list this if asked, but landlords must weigh whether this relates to the safety or security of the property.
• HUD Discrimination Complaint – Form 903: If you feel you have been denied housing because of an unfair or blanket policy against people with criminal history, you may file a complaint using the HUD Form 903 Online Housing Discrimination Complaint form. This form is used if you believe a landlord’s screening policy has violated Fair Housing laws.

How to Respond If You Face Discrimination

If you believe a landlord in Utah has inappropriately denied your application because of your criminal background, here are some steps you can take:

• Request clarification about the decision and any policies applied.
• Keep all records, emails, and paperwork related to your application and the denial.
• If you suspect discrimination under Fair Housing laws, you can file a complaint with HUD or the Utah Antidiscrimination and Labor Division (UALD).

Who Handles Discrimination Complaints in Utah?

In Utah, housing discrimination complaints are handled by the Utah Antidiscrimination and Labor Division (UALD) as well as HUD. Both agencies work together to enforce Fair Housing laws in rental housing.

Utah Rental Legislation

The core state law for renters in Utah is the Utah Fit Premises Act, which covers basic landlord and tenant obligations in residential leases.

FAQ: Renting with a Criminal Record in Utah

1. Can a landlord reject me just because I have a criminal record?
   A landlord can consider criminal convictions, but blanket "no convictions" policies are not allowed. They must review each situation and consider factors like how old the offense is or whether it poses a real risk.
2. Are there crimes that can always lead to denial?
   Landlords may have legitimate reasons to deny applicants for recent or serious offenses (like violent crimes), but they must still evaluate each case individually.
3. What if the landlord’s background check shows an arrest without conviction?
   Landlords in Utah should not reject applicants just because of an arrest that did not result in a conviction. Only convictions may be considered under Fair Housing guidelines.
4. How do I file a complaint if I believe I'm being discriminated against?
   You can file a complaint online with HUD or through the Utah Antidiscrimination and Labor Division. Save all documents and correspondence to support your case.
5. Where can I find Utah tenant laws or get more help?
   Review the Utah Fit Premises Act and contact UALD or HUD for free resources and support.

Key Takeaways for Utah Renters

• Landlords can ask about criminal convictions but must consider each case individually and cannot have blanket ban policies.
• You have rights under federal Fair Housing laws and state protections.
• If you’re denied housing, you can request an explanation and file a complaint if discrimination is suspected.

Always review your rights and keep a record of your rental interactions for protection.

Need Help? Resources for Renters

• Utah Antidiscrimination and Labor Division (UALD) – for official complaints and questions about discrimination (phone: 801-530-6801)
• HUD Fair Housing Resources – online complaint forms, guidance, and assistance
• Utah Fit Premises Act (current legislation)
• Utah Legal Services – free legal help for low-income renters

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1. HUD Guidance on Criminal Records and Fair Housing Act
2. Utah Fit Premises Act

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