Presentation on the probable disparate impact of judicial records systems on the rental housing opportunities of African-American women with children. Given at 2011 Access to Justice Conference in Kennewick, Wash.
12. Does the denial of housing to applicants with criminal or eviction records cause a disparate impact on members of any protected class?
13.
14. Is the denial of rental housing to applicants with criminal records justified by a compelling business necessity?
15.
16.
17. After 5 Years, Offenders No More Likely Than Non-Offenders to Be Re-Arrested (Kurlychek, et al. “Scarlet Letters & Recidivism: Does An Old Criminal Record Predict Future Criminal Behavior?,” 2006)
Though, intent may be inferred from landlord’s unwillingness to use less-discriminatory alternative
Small claims suits (security deposits), fair housing claims, DVPOs, personal injury suits
A person who has committed a criminal offense in the past may be more likely to commit a criminal offense in the future
Focus on facts of the crime, not its legal classification (felony/misdemeanor, degree, charge, etc.)
Applicant’s criminal history could be considered
Possibly on groups more highly-represented among renters as well
Most UDs are based on non-payment of rent and happen after an income disruption (lost job, loss of roommate etc.); note parallels to criminal records—except that there is not even necessarily a “conviction”
Could establish grounds for race, “color” based Disp. Imp. claims