Under federal law, usually yes: no federal statute bars a private landlord from asking about criminal history. Where the unit is decides the rest. New Jersey bars the question before a conditional offer, Cook County, Illinois requires every other check to pass first, and Colorado ignores arrests and most convictions older than five years. This is information, not legal advice.
Is it legal to ask about criminal history on a rental application?
In much of the US, yes, but the question is no longer the safe default it was. The FTC's guidance for landlords, July 2023, warns that a blanket policy of refusing anyone with a criminal record may violate the Fair Housing Act. Our fair-housing screening checklist covers why that federal layer thinned in 2025 and why state and local limits now carry the weight. The useful question is when you may ask, and what you may count.
Where is the criminal history question restricted?
Three examples show the range, from a ban on the question to a cap on what counts.
New Jersey is the strictest. Under the Fair Chance in Housing Act, a housing provider may not ask about criminal history on the initial application, in an interview or in any other way before making an offer, with two narrow exceptions: lifetime sex offender registration, and methamphetamine production on federally assisted premises. Arrests without a conviction, expunged, pardoned, vacated, juvenile and sealed records may never be considered. Owner-occupied buildings of four units or fewer are outside the Act.
Cook County, Illinois sets a two-step order. The Just Housing Amendment, in effect since January 1, 2020, bans the criminal history check box, requires a landlord to prequalify the applicant on income, rental history, credit and every other criterion first, and only then allows the criminal check. Convictions more than three years old and arrests without a conviction cannot be considered at all.
Colorado limits the lookback. Under C.R.S. 38-12-904, a landlord may not consider an arrest record from any time, or a conviction more than five years before the application, except for listed offences.
What does a two-step screening process look like?
A two-step process screens on everything else before criminal history is opened. It is required in New Jersey and Cook County and is the safer design anywhere:
- Publish your written criteria, including how criminal history is weighed, before taking any fee.
- Screen income, rental history and credit first. Approve or deny on those alone.
- Make a conditional offer to the applicant who passes.
- Only then run the criminal check, and count only what local law allows.
- If a record could change the decision, look at the offence, how long ago it was and any evidence the applicant offers, and write down why.
Cook County puts clocks on the last step: the landlord sends a copy of the check within five business days, the applicant has five business days to dispute it, and the landlord decides within three.
What do you owe an applicant you deny?
If a screening company's report played any part, an adverse action notice. The FTC's own example is a denial because a criminal report shows a felony: the notice is required. Our guide to the adverse action notice lists its three parts. New Jersey adds a Notice of Withdrawal with the specific reasons and a right to appeal, and Cook County requires a written denial explaining the risk to safety or property.
Where does this go wrong in practice?
Before the application exists. A prospect asks "do you accept people with a record?" in the first text, and whoever answers improvises: "no felons" from one person, "depends" from another. Cook County names "no felons" as a phrase landlords may no longer use. The fix is one written answer that points to your published criteria.
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Criminal history and rental applications: FAQ
Can a landlord deny an applicant for an arrest?
In New Jersey, Cook County and Colorado, no: an arrest without a conviction cannot be counted. Elsewhere, check state and local law first; a blanket rule is the kind the FTC flags as a Fair Housing Act risk.
Can I put "no felons" in a rental listing?
Not in Cook County, which names it among the phrases landlords may no longer use, and New Jersey bars ads that exclude people with records. Say "applicants are screened under our written criteria" instead.
How far back can a landlord look at criminal records?
It depends on the place. Cook County stops at three years and Colorado at five, with listed exceptions. New Jersey uses one, four and six years depending on the degree of the offence.
Does Canada restrict criminal record questions for tenants?
The rules are provincial and set by human rights and privacy law, not a single statute like New Jersey's. Check the human rights commission and privacy regulator in your province before you ask.
