Yes, both pending criminal charges and criminal convictions can impact your housing situation in Oregon, including in Multnomah County. Here's what you need to know:
🏠 Pending Criminal Charges
Landlords in Oregon are permitted to consider pending criminal charges when evaluating rental applications. This means that if you have unresolved charges, a landlord may factor them into their decision to approve or deny your application. However, landlords must apply their screening criteria consistently and cannot discriminate based on protected characteristics such as race, national origin, or disability.
🧾 Criminal Convictions
When it comes to criminal convictions, Oregon law requires landlords to conduct an individualized assessment before denying housing based on criminal history.
This assessment must consider:
- The nature and severity of the offense
- The time that has elapsed since the conviction
- The age of the individual at the time of the offense
- Evidence of rehabilitation or good conduct
Important: Landlords must provide applicants an opportunity to submit supplemental evidence to explain or mitigate the relevance of their criminal history.
🛡️ Protections and Exceptions
Fair housing law does allow landlords to deny applicants who have a criminal history that demonstrates a risk to the safety of other tenants and/or the property. However, landlords must abide by HUD guidance issued in 2016 that requires the following regarding criminal history screening::
- Use arrest records that did not result in a conviction, unless the charges are currently pending. Discriminate based on protected classes under the Fair Housing Act and Oregon law, including race, color, national origin, religion, sex, familial status, disability, marital status, sexual orientation, gender identity, and source of income.
✅ Tips for Applicants with Criminal History
If you have a criminal history and are seeking housing:
- Provide Documentation: Include letters of recommendation, certificates of rehabilitation, or proof of employment to support your application.
- Know Your Rights: Familiarize yourself with fair housing laws and seek assistance if you believe you've been discriminated against.
For more detailed information and resources, you can refer to the Fair Housing Council of Oregon.