How a Criminal Record Can Affect Housing Opportunities in Hawaii

Having a criminal record can make it much harder to find housing in Hawaii. Landlords often do background checks, and may reject applicants with a criminal history. There are laws limiting housing discrimination, but they don’t completely prevent it. This article looks at how criminal records affect rental applications, public housing, and home purchases in Hawaii.

Rental Housing

Most landlords in Hawaii will do a background check before approving a rental application. They typically review criminal history going back 5-7 years for misdemeanors, and longer for felonies. Some landlords have blanket policies against renting to anyone with a record.

Landlords cannot legally deny housing solely because of a criminal record. But they can cite other reasons, like rental history or income requirements. And they have more flexibility with smaller properties. The federal Fair Housing Act only applies to buildings with 4+ units. So smaller landlords have more leeway to reject applicants with records.

The type of conviction matters too. Landlords often bar applicants with drug or violence-related crimes. But minor non-violent offenses may get a pass. Much depends on the individual landlord’s screening criteria.

Renting with a record is hardest right after release from incarceration. Many landlords require current employment, references, and a credit check. Ex-offenders struggle to meet these criteria. Transitional housing or staying with family may be necessary at first.

Over time, things get easier. As the record ages, and other parts of an application strengthen, more landlords will accept applicants with records. But for serious felonies, it can remain an obstacle for years.

Defense Against Housing Denial

If a landlord denies housing solely due to a criminal record, applicants may have legal recourse. Hawaii’s fair housing laws prohibit discrimination based on arrest and court record. And in 2020, Honolulu passed a “ban the box” ordinance restricting when landlords can ask about criminal history.

Under the Honolulu ordinance, landlords cannot ask about an applicant’s criminal record until after making a conditional offer of housing. At that point, they can only reject applicants if the conviction directly relates to tenant safety or property damage. Applicants must be given a chance to present mitigating evidence and rehabilitation efforts as well.

So if a Honolulu landlord denies an application based solely on criminal history, the applicant may have grounds for a discrimination complaint. This ban the box law provides stronger protection than the state fair housing act alone.

Public Housing

In public housing, a criminal record presents barriers beyond just background checks. Federal law allows housing authorities to deny public housing based on:

• A lifetime registration requirement under a state sex offender program
• Conviction of producing methamphetamine on public housing premises
• Eviction from public housing due to drug-related criminal activity in the past 3 years (5 years for violent criminal activity)

Public housing authorities also have broad discretion to screen out and evict tenants who engage in criminal activity that threatens health, safety or peaceful enjoyment. This could include activities off the premises.

Unlike private landlords, public housing authorities are not restricted by ban the box laws. They can ask about and consider criminal history at any time when making admission and eviction decisions.

Those with records may improve their chances by showing evidence of rehabilitation, such as completing a treatment program. Public housing also uses waiting lists, so those with records may need to wait longer for an opening.

Home Purchases

For home buyers with a criminal record, getting a mortgage presents the biggest challenge. Most lenders will perform a detailed background check. They tend to view applicants with a criminal history as higher risk.

Minor offenses like disorderly conduct or trespassing may not cause issues. But convictions for fraud, theft, violence, or drug-related felonies often lead to mortgage denials. Sex offenses also cause almost automatic denials.

Lenders usually want to see at least 2-5 years since the last conviction before considering an applicant. They also look for evidence of rehabilitation, stable employment and finances.

For those who face difficulty getting a traditional mortgage, alternatives like owner financing or rent-to-own agreements may be an option. Saving up to buy a home with cash is also possible over time.

Mortgage Discrimination Defenses

Mortgage denials based solely on criminal record may violate the federal Fair Housing Act. This prohibits housing discrimination based on race, national origin and other protected classes.

Since arrest and conviction rates differ across demographics, blanket criminal history policies can be discriminatory. Applicants denied a mortgage may be able to file a complaint on disparate impact grounds.

Hawaii law also prohibits housing discrimination based on court record. So applicants denied a mortgage in Hawaii solely due to a criminal record may have grounds for a state complaint.

The Bottom Line

In summary, having a criminal history makes finding housing more challenging in Hawaii. Rental applications often get rejected, public housing has additional restrictions, and mortgages can be harder to obtain.

Strong housing protections exist in some areas, like Honolulu’s ban the box law. But criminal records still pose an obstacle. The difficulties ease over time, but serious convictions can hinder housing opportunities for years.

Those with records may improve their chances by accumulating evidence of rehabilitation and stable finances. But housing options remain limited, especially right after release from incarceration.

Sources

• Civil Beat – Tenant Screening Services
• Honolulu Ban the Box Ordinance
• HUD Public Housing Eligibility
• HUD Fair Housing Act