Virginia Landlords and Criminal History Checks: Renter Rights

If you're renting in Virginia, you may wonder whether a landlord can ask about your criminal history during the application process. Understanding your rights can help you avoid unexpected denials and ensure fair treatment. This guide covers what Virginia law says about criminal background checks, your protections as a renter, and steps you can take if you believe you've faced discrimination based on your criminal record.

Can Landlords Check Criminal History in Virginia?

Yes, Virginia landlords are generally allowed to ask about and screen for criminal history as part of the rental application process. Criminal background checks are standard for many rental properties. However, there are important limits and guidelines about how landlords can use this information, especially to ensure compliance with fair housing laws.

Fair Housing Protections

The Virginia Fair Housing Law protects renters from discrimination based on certain characteristics, including race, color, religion, national origin, sex, disability, familial status, and elderliness^[1]. If a landlord uses a criminal record policy that results in discrimination against a protected group, it may violate state or federal law.

• Policies that automatically deny any applicant with a criminal record may be considered discriminatory if they have a disparate impact on a protected class.
  Learn more on the HUD criminal background guidance.
• Arrest records (without a conviction) typically cannot be used as the sole reason for denying a rental application.

When Is Criminal History Considered?

Landlords often run criminal background checks after receiving your written authorization as part of the rental application. You should receive notice if a background check will be conducted. If you are denied housing due to your criminal record, some federal and state laws give you the right to learn why and to dispute the accuracy of the record.

Official Forms and Processes for Renters

If you believe you have been denied housing because of improper use of your criminal history, or you feel you were discriminated against, you can file a fair housing complaint.

• Virginia Fair Housing Complaint Form (DPOR 6205-FH)
  
  • When to use: If you suspect a landlord denied your rental application based on your criminal record in a way that violates fair housing law (for example, inconsistent standards or discrimination based on race or other protected status).
  • How to use: Complete the Virginia Fair Housing Complaint Form, then submit it by mail or in person to the Virginia Fair Housing Office. Include details and any supporting documentation.
    Read more at the Virginia Fair Housing Office site.
• Consumer Disclosure Statement
  
  • When to use: If your rental application is denied because of information in a background or credit check, you are entitled to a copy of your report and the right to dispute inaccuracies.
  • How to use: The landlord must provide written notice and the name of the consumer reporting agency. Dispute incorrect information with the agency using their forms (see Consumer Financial Protection Bureau guidance).

Who Handles Rental Disputes in Virginia?

In Virginia, the Virginia Fair Housing Board oversees fair housing complaints and ensures compliance with state law. Landlord–tenant disputes are generally governed by the Virginia Residential Landlord and Tenant Act^[2].

Renter Guidance: Key Points about Criminal Background Checks

• Landlords may run criminal background checks with your permission in Virginia.
• They cannot use criminal history in a way that violates fair housing laws or results in unlawful discrimination.
• If you are denied for a reason related to criminal history, you have the right to challenge errors in your background report and to file a fair housing complaint if you suspect discrimination.

Frequently Asked Questions

1. Can a landlord deny me for any criminal offense?
   Landlords can consider criminal history, but blanket bans or policies that unfairly discriminate against protected groups may violate fair housing laws.
2. If I was arrested but not convicted, can that be used against me?
   Generally, landlords should not use arrest records alone as a reason to deny housing. Only convictions may legally be considered.
3. How do I challenge an incorrect background check?
   You may dispute inaccurate information with the consumer reporting agency. The landlord must give you the agency’s contact info and a copy of your report upon request.
4. Where can I file a complaint if I suspect housing discrimination in Virginia?
   File with the Virginia Fair Housing Office using their complaint form, or file a federal complaint with HUD.
5. Is there an appeal process if my application is denied?
   Virginia law doesn’t require an appeal process, but you have the right to receive adverse action notifications and challenge errors in your records.

Key Takeaways for Virginia Renters About Criminal History and Housing

• Landlords can check criminal history but must follow fair housing laws.
• Discrimination based on criminal records that adversely affects protected classes is prohibited.
• Dispute errors and file complaints through the Virginia Fair Housing Board if needed.

Stay informed about your rights so you can navigate the rental process with confidence and protect yourself from unlawful discrimination.

Need Help? Resources for Renters

• Virginia Fair Housing Office
  Assists with fair housing complaints and provides educational material for renters and landlords.
• Virginia Fair Housing Board
  Handles official investigations and enforcement of fair housing laws in Virginia.
• Read the Virginia Residential Landlord and Tenant Act for full details on your renting rights.
• U.S. HUD Fair Housing and Equal Opportunity for federal complaint options and guidance.
• CFPB Credit and Background Dispute Page for challenging errors in your background report.

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1. Virginia Fair Housing Law – Official Code
2. Virginia Residential Landlord and Tenant Act – Official Legislation

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