Second Chance Apartments in Virginia

Can You Deny a Tenant For Criminal History in Virginia?

In Virginia, landlords can consider criminal history when evaluating rental applications, but there are some limitations. Here’s a summary:

A criminal history can be a valid reason for denial: Virginia law allows landlords to deny a rental application based on criminal history, but it’s essential to ensure the denial is not discriminatory.

1. Must consider the nature of the crime: Landlords should assess the relevance of the crime to the rental property and the potential risk to other tenants or property.
2. Time matters: Landlords should consider the age of the conviction and whether the applicant has demonstrated rehabilitation.
3. Individualized assessment required: Landlords must evaluate each application on a case-by-case basis, considering the individual’s circumstances and any mitigating factors.
4. Cannot deny solely based on arrest records: Landlords cannot deny an application solely based on arrest records, as an arrest does not necessarily lead to a conviction.
5. Must comply with federal and state fair housing laws: Landlords must ensure their criminal history screening policies comply with federal and state fair housing laws, which prohibit discrimination based on protected characteristics.

Best practices for Virginia landlords:

• Develop a clear criminal history screening policy.
• Include a criminal history questionnaire in the rental application.
• Evaluate each application individually, considering the nature of the crime, time, and rehabilitation.
• Document the decision-making process and reasoning.
• Ensure compliance with federal and state fair housing laws.

Remember, it’s crucial to consult with an attorney or legal aid organization for specific guidance on navigating criminal history screenings in Virginia.

Can Felons get Housing Assistance in Virginia?

In Virginia, felons may face challenges when seeking housing assistance, but it’s not impossible. Here’s a summary:

1. Section 8 Housing Choice Voucher Program: Felons may be eligible for Section 8 housing assistance, but approval depends on the specific circumstances of their conviction and rehabilitation.
2. Virginia Housing Development Authority (VHDA): VHDA offers various housing programs, including rental assistance. Felons may be eligible but must meet certain requirements, such as completion of probation or parole.
3. Public Housing: Felons may be eligible for public housing, but local housing authorities may have specific requirements or restrictions.
4. Private landlords: Some private landlords may accept housing assistance vouchers from felons, while others may not.
5. Reentry programs: Virginia offers reentry programs for ex-offenders, which may include housing assistance.

To increase their chances of getting housing assistance in Virginia, felons should:

• Meet eligibility requirements: Complete probation or parole, demonstrate rehabilitation and meet income and family size requirements.
• Work with a housing counselor: Non-profit organizations, like the Virginia Housing Development Authority, offer guidance and support.
• Apply for multiple programs: Consider various housing programs and private landlords to increase options.
• Be honest about criminal history: Disclosure is crucial when applying for housing assistance.

Remember, housing assistance for felons in Virginia is subject to availability and program requirements. It’s essential to research and understand the specific guidelines and regulations.