Is every landlord required to wait until a conditional offer?

No. Some jurisdictions require this sequence; others limit what information may be used or require an individualized review. Housing and owner-occupied exceptions differ.

Can Seattle landlords ask about criminal history?

Yes. Seattle says it no longer enforces the inquiry ban after the 2023 court decision. The ordinance’s separate adverse-action restrictions remain, subject to exceptions.

How do Minneapolis lookback windows work?

Under inclusive screening criteria, the main sentencing-date windows are 3 years for misdemeanors, 7 years for most felonies and 10 years for listed serious felonies. A provider can instead use stricter criteria with an individualized assessment; other exceptions apply.

Does a screening report have to erase every conviction after 7 years?

No. Federal FCRA law does not impose a general 7-year reporting limit on convictions. Other adverse information and state reporting laws have different limits.

What should I save if I need to complain?

Keep the listing, application, fee receipt, screening criteria, conditional offer, report, notices and correspondence. Contact the jurisdiction’s enforcement agency or legal aid for the applicable deadline.

Fair Chance Housing Laws by State & City (2026 Ban the Box for Renters)

Compare the screening rules for covered housing in selected states and cities, including conditional offers, criminal-history limits, exceptions and complaint resources.

Last updated: 2026-10-29

Quick Answer

Rental screening rules depend on the property’s jurisdiction and housing program. New Jersey, New York City and Cook County restrict when criminal history can be considered. Portland and Minneapolis offer different screening paths. Seattle permits questions about criminal history following a court ruling but separately restricts adverse action. Check the row for the property’s location, its exemptions and the linked official text before applying. A conviction never creates a universal right to approval.

Selected Fair Chance Housing Laws (11 Jurisdictions)

Statutory lookback limits, conditional-offer requirements, and civil rights enforcement agencies.

Jurisdiction	Law & Citation	When Check Allowed	Conviction Lookback Cap	Banned Records & Enforcement
New Jersey (Statewide) Statewide	New Jersey Fair Chance in Housing Act (FCHA) N.J.S.A. 46:8-52 to 46:8-64 (eff. Jan 1, 2022)	Only AFTER the landlord issues a written Conditional Offer of housing based on income, credit, and rental history.	After a conditional offer: 1 year for fourth-degree indictable offenses, 4 years for second/third degree, and 6 years for first degree, from conviction or release from prison, whichever is later. Listed serious offenses and lifetime sex-offender registration have separate rules.	Arrests without conviction, expunged, sealed, pardoned or vacated convictions, juvenile adjudications, and records outside the permitted statutory categories. Disorderly-persons offenses are not fourth-degree indictable crimes. Initial inquiries have narrow exceptions. NJ Division on Civil Rights (DCR) →
Colorado (Statewide) Statewide	Colorado Rental Application Fairness Act Colo. Rev. Stat. (C.R.S.) § 38-12-904	Application screening is permitted, subject to Colorado’s limits on the information a landlord may consider. This is not a conditional-offer law.	5-year maximum lookback from the date of application for criminal convictions (and 7-year cap on credit/rental history).	Arrest records and convictions older than 5 years are generally excluded, with statutory exceptions for specified methamphetamine, sex-registration, homicide and stalking offenses. Check § 38-12-904 for the exact exceptions. Colorado courts; seek tenant legal aid for enforcement under the Rental Application Fairness Act →
Washington, D.C. Statewide	Fair Criminal Record Screening for Housing Act of 2016 D.C. Code § 42-3541.01 et seq.	Only AFTER extending a written Conditional Offer of housing.	Post-offer review is limited to enumerated pending accusations or convictions occurring within the statutory 7-year window. Any withdrawal must meet the law’s assessment and notice requirements.	Non-pending arrests without conviction and records outside the statutory permitted categories. Covered providers, small owner-occupied exemptions and federal requirements must be checked separately. D.C. Office of Human Rights (OHR) →
New York City, NY City / County	NYC Fair Chance for Housing Act Local Law 24 of 2024; NYC Admin. Code §§ 8-102a and 8-107(5)(o) (effective Jan. 1, 2025)	Only AFTER the housing provider approves the applicant's non-criminal qualifications and extends a Conditional Offer of a lease or sale.	Reviewable history generally includes felonies within 5 years and misdemeanors within 3 years, measured from release from incarceration or sentencing if not incarcerated, plus registered sex offenses. Covered providers must follow the Fair Chance Housing Process.	Non-convictions, pending cases and other excludable matters defined by § 8-102a. The law has exceptions for specified housing and legally required checks. Applicants receive at least 5 business days to respond during the review process. NYC Commission on Human Rights (CCHR) →
Cook County & Chicago, IL City / County	Cook County Just Housing Amendment (JHA) Cook County Code of Ordinances § 42-38 (Ord. 19-2394)	Two-step process: Landlord must first pre-qualify applicant on income/credit/rental history BEFORE running a criminal background check.	3-year maximum lookback for criminal convictions. Landlords cannot consider any conviction more than 3 years old.	Arrests, dismissed charges, expunged/sealed and juvenile records are protected. For recent convictions the provider must conduct an individualized assessment and follow dispute/notice procedures. Sex-offender registration and residency restrictions have exceptions. Cook County Commission on Human Rights →
Seattle, WA City / County	Seattle Fair Chance Housing Ordinance Seattle Municipal Code (SMC) Chapter 14.09	Seattle no longer enforces the ban on asking about criminal history after the 2023 Yim decision. Do not assume criminal-history questions are prohibited.	The separate prohibition on adverse action based on criminal history remains, subject to the ordinance’s exceptions, including specified adult sex-offender registry information. This is not a general 3-, 5- or 7-year rule.	Covered landlords may not take adverse action based on criminal history except as permitted by the ordinance. Asking and using information are distinct legal questions. Seattle Office for Civil Rights (SOCR) →
Oakland, CA City / County	Ronald V. Dellums Fair Chance Access to Housing Ordinance Oakland Municipal Code (OMC) Chapter 8.25 (Ord. 13581, eff. Feb 2020)	Covered housing providers generally may not ask about or use criminal history. Check the ordinance’s owner-occupied, roommate, sex-offender and federally required screening exceptions before relying on the prohibition.	0 years (criminal history inquiry and background checks are prohibited for covered rental units).	Virtually all criminal history inquiries, questions on rental applications, and third-party criminal background reports for covered Oakland rental housing. City of Oakland Housing and Community Development Department →
Berkeley, CA City / County	Ronald V. Dellums Fair Chance Access to Housing Ordinance Berkeley Municipal Code (BMC) Chapter 13.106	Covered housing providers generally may not ask about or use criminal history. Exemptions include specified owner-occupied properties, roommate situations, lifetime sex-offender information and limited public-housing/Section 8 checks.	0 years (criminal history checks prohibited for covered private rentals).	All criminal history inquiries, background checks, and advertisements stating 'no felons' or 'clean background required.' City of Berkeley Rent Stabilization Board / Hearing Examiner →
San Francisco, CA City / County	San Francisco Fair Chance Ordinance (Affordable Housing) San Francisco Police Code Article 49	Applies to City-subsidized affordable housing providers: criminal history may only be reviewed AFTER the applicant is determined income- and credit-qualified.	Covered affordable housing providers generally cannot consider convictions older than 7 years and must assess permissible history individually. Read Article 49 for notice and response procedures.	Arrests without conviction, participation in diversion programs, expunged/sealed/juvenile records, infractions, and convictions older than 7 years. San Francisco Human Rights Commission (HRC) →
Portland, OR City / County	Fair Access in Renting (FAIR) Ordinance Portland City Code (PCC) § 30.01.086	Landlords must choose between the City's 'Low-Barrier' screening criteria OR conducting an Individualized Assessment.	Low-barrier criteria generally exclude misdemeanor sentencing dates older than 3 years and felony sentencing dates older than 7 years. Individualized assessment is required when using more restrictive screening; this is not an unconditional statewide cap.	Low-barrier criteria protect specified non-convictions, diversion, cleared records, juvenile records and conduct no longer illegal in Oregon. Read the current city code for pending cases, exceptions and the alternative assessment process. Portland Housing Bureau (PHB) →
Minneapolis, MN City / County	Minneapolis Renter Protection Ordinance Minneapolis Code of Ordinances § 244.2030	Landlords must offer either Inclusive Screening Criteria (tiered lookback limits) OR an Individualized Assessment of every applicant.	Inclusive criteria: misdemeanor sentencing dates older than 3 years; most felony sentencing dates older than 7 years; listed serious felonies older than 10 years. A landlord may instead use stricter criteria with an individualized assessment.	Under inclusive criteria: inactive arrests without conviction, diversion, vacated/expunged records, juvenile records and convictions outside the relevant windows. Federal-housing and controlled-substance exceptions apply; individualized review is an alternative. Minneapolis Regulatory Services — Renter Protections →

The withdrawn HUD guidance and the law still in force

HUD’s July 17, 2026 Federal Register notice states that withdrawal of listed OGC guidance was effective September 25, 2025. Its table includes the April 4, 2016 guidance about criminal records under the Fair Housing Act. The PDF includes other agencies’ notices before the HUD item; read the HUD heading and withdrawal table. Withdrawal of guidance does not repeal the Fair Housing Act, FCRA or applicable state/local laws, and does not make every private screening decision lawful.

Check the property and the current law

Identify the city, county, state and whether the unit is private, public housing or voucher-assisted. Local fair-chance laws have different definitions and exemptions. The examples above are not a complete national inventory. A state certificate or a withdrawn agency guidance document cannot override a mandatory federal housing exclusion.

Conditional offers and individualized review

In a jurisdiction with a two-step process, providers assess non-criminal qualifications before considering permitted criminal history. Read the local rule before deciding what must be disclosed: some laws permit initial questions about specified exceptions. A provider may still reject an applicant for lawful, documented reasons. Keep the application, screening criteria, offer and decision notices.

Federal tenant-screening report rights

When a consumer report contributes to a denial, higher deposit or co-signer requirement, the Fair Credit Reporting Act requires an adverse-action notice identifying the reporting company. You can request a free report from that company within 60 days and dispute inaccurate or incomplete information. Federal law generally limits reporting of non-conviction adverse information to 7 years, with exceptions; criminal convictions do not have a general federal 7-year reporting cap. State restrictions vary.

Respond to a screening problem

Ask for the exact reason, report and applicable response deadline. Dispute factual errors with the screening company and notify the provider separately. Where local law allows mitigation, submit relevant completion records, references or a short explanation. Response periods and any duty to hold a unit vary; do not assume every jurisdiction gives 5–14 days or must reserve the apartment. Contact the listed agency or tenant legal aid promptly.

Next Steps for Your Rental Application

Combine your Fair Chance screening rights with these tools on SecondChanceInfo:

Background Check Explanation Letter Templates & Mitigation Packet — 4 copy-and-paste letters for pre-adverse action responses and private landlords
Section 8 & Public Housing Criminal Screening Policies by PHA — exact Admin Plan / ACOP lookback windows at major housing authorities
Emergency Rent & Security Deposit Assistance — St. Vincent de Paul, Salvation Army, and HUD ESG Rapid Re-Housing deposits
Certificates of Relief & Rehabilitation by State — selected state certificates and the limits of their legal effects

Frequently Asked Questions

Is every landlord required to wait until a conditional offer?: No. Some jurisdictions require this sequence; others limit what information may be used or require an individualized review. Housing and owner-occupied exceptions differ.
Can Seattle landlords ask about criminal history?: Yes. Seattle says it no longer enforces the inquiry ban after the 2023 court decision. The ordinance’s separate adverse-action restrictions remain, subject to exceptions.
How do Minneapolis lookback windows work?: Under inclusive screening criteria, the main sentencing-date windows are 3 years for misdemeanors, 7 years for most felonies and 10 years for listed serious felonies. A provider can instead use stricter criteria with an individualized assessment; other exceptions apply.
Does a screening report have to erase every conviction after 7 years?: No. Federal FCRA law does not impose a general 7-year reporting limit on convictions. Other adverse information and state reporting laws have different limits.
What should I save if I need to complain?: Keep the listing, application, fee receipt, screening criteria, conditional offer, report, notices and correspondence. Contact the jurisdiction’s enforcement agency or legal aid for the applicable deadline.

Official Resources

FTC — Tenant background checks and your rights— Request your screening report and dispute errors.
New Jersey — Fair Chance in Housing Act— Official explanation of covered housing and the withdrawal process.

Related Resources on This Site

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Food & BenefitsSNAP / food stamps -- how to apply by state

Sources

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. State and municipal Fair Chance Housing statutes contain specific exemptions (such as small owner-occupied buildings or federally mandated lifetime sex offender and methamphetamine checks). Contact your local civil rights enforcement agency or legal aid office for advice on your specific application.