A landlord implementing a policy or practice to exclude a person with prior convictions must still be able to prove that such policy or practice is necessary to achieve a substantial, legitimate, nondiscriminatory interest. For example, a landlord rejecting an applicant for any prior conviction without first taking into consideration the type of conviction, time it occurred, or what the person has done since has violated the Fair Housing Act. 



The Cook County Fair Housing Ordinance implemented the Just Housing Amendment (JHA) in December 2019. The JHA protects residents with an arrest or conviction to secure a home. Typically, a landlord can reject a rental application based on conviction(s) from the past 3 years. However, they must first consider relevant factors. Factors to consider: the conduct that led to the conviction, how severe the conduct was, how recent the conduct was, the sentence, the number of convictions, the amount of times since the most recent conviction, the applicant’s age at the time of the most recent conviction, applicant’s history as a tenant, or if applicant has a disability, whether the landlord could make a reasonable accommodation for them. 

A landlord must also consider the applicant’s conduct since the conviction. This is called “evidence of rehabilitation.” The “evidence” can include whether applicant is following the rules of their sentence, certificates of good conduct, employer recommendations, education or job training, or letters of recommendation from people who has been around the applicant since their conviction. This helps the landlord to determine whether the applicant is likely to follow the rules of the lease. An exception is an applicant who is a sex offender and they are 1.) restricted on where the can live because of a past conviction for a sex offense, or 2.) required to register because of a past conviction for a sex offense. 

STEPS LANDLORDS MUST FOLLOW 

To ensure the landlord does not reject an applicant before first considering them the JHA created steps that must be followed before accepting or denying an applicant. 

Step 1. The landlord must inform the applicant of the selection process. If they consider convictions, it must be related to protection of personal safety or property. 

Step 2. Pre-qualify: At this stage, the landlord cannot consider the applicant’s conviction record to deny them. The landlord must decide whether to allow the applicant to continue the application process based on other information other than prior conviction. 

Step 3. Run criminal background check: Within 5 days of receiving it, they must give a copy to the applicant. 

Step 4. Consider criminal record: The landlord must (1) only consider convictions less than 3 years old, and (2) Consider all of the relevant factors. 

Step 5. Approve or deny applicant: Landlord must tell the applicant their decision within 3 business days of receiving information from the applicant disputing the report, or arguing it’s not relevant. 

If it is a denial, and it is based on their criminal record, the denial must be in writing. The written denial also must: (1) Explain why denial is necessary to protect against risk of harm to personal safety or property, and (2) Include a statement informing the applicant that they can file a complaint with the Cook County Commission on Human Rights. 

Contact Attorney Phil Haddad for expungements or sealing’s at (708) 833-3505.