In most of the US, yes. A criminal record is not a protected class under the federal Fair Housing Act, and federally assisted housing must refuse households with a lifetime registrant. The limits are on when you check: New Jersey sets the order, and Canada's registry is closed to landlords. This is information, not legal advice.
Is it legal to refuse a registered sex offender?
Usually. The Fair Housing Act, 42 U.S.C. 3604, protects race, color, religion, sex, familial status, national origin and disability. A conviction or a registry listing is not on that list, so no federal statute stops a private landlord from declining an applicant who is registered.
The question comes up more than most managers expect. A 2024 National Center for Missing & Exploited Children survey of states and territories found more than 972,000 registered sex offenders in the United States.
That does not make every policy safe. A blanket rule against anyone with any record carries fair housing risk of its own, which our post on criminal history questions covers. A registry rule should be written narrowly and applied to every file.
When must a landlord refuse?
In federally assisted housing. Under 42 U.S.C. 13663, an owner of federally assisted housing shall prohibit admission to any household that includes a person subject to a lifetime registration requirement under a state sex offender program. The rule covers lifetime registrants, not every registrant.
The statute also sets the process. Before an adverse decision, the housing agency that pulled the record must give the applicant a copy of the registration information and a chance to dispute its accuracy and relevance. The record must be kept confidential and destroyed once its purpose is done.
Where is the check restricted?
New Jersey sets the order. Under its Fair Chance in Housing Act rules, N.J.A.C. 13:5-1.8, a housing provider may consider only two things before a conditional offer: a conviction for producing methamphetamine on federally assisted premises, and whether the applicant has a lifetime sex offender registration requirement. After the offer, a crime that resulted in lifetime registration may be weighed with the listed serious offences.
The same rule makes you answer for your vendor. If a screening company runs a check that breaks the Act, you must show you did not rely on the record it should not have reported. Other states and cities have their own fair chance rules, so check where each unit sits.
Can a Canadian landlord check the sex offender registry?
No. Offenders in Canada register for 10 years, 20 years or life, but the National Sex Offender Registry is kept by the RCMP for police and, in the BC government's words, "is not open to the public." A Canadian landlord's information comes from a criminal record check the applicant consents to, under provincial privacy and human rights rules.
How should a property manager write the policy?
- Name the exact rule, such as lifetime registration, not "sex offenders" in general.
- Publish it with your other screening criteria before you take a fee.
- Run the check at the point local law allows, after a conditional offer where required.
- Give the applicant the record and a chance to dispute it before you decide.
- If a screening report played a part, send the adverse action notice.
Where does this go wrong in practice?
In the first reply. Someone texts "do you rent to people on the registry?" and one agent says "no," another says "depends," and a third says nothing at all. Written criteria only help when every inquiry gets the same answer, at 9pm as well as 9am.
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Sex offender registry and rentals: FAQ
Do voucher landlords have to refuse registered sex offenders?
Federal law bars admission to federally assisted housing for any household with a lifetime registrant. A registrant on a shorter term is not covered by that ban, so the decision falls to the landlord's written criteria and any state or local rule.
Can I check the public registry myself instead of using a screening company?
In most US states the registry is public, but the timing rules still apply. In New Jersey you may look at lifetime registration before an offer and other records only after it. In Canada the national registry is not public.
Do I have to tell neighbours if I rent to a registrant?
No federal law requires a landlord to notify other tenants. Public notification is handled by state law enforcement under each state's registry program, so leave it to them and keep the applicant's file confidential.
