The ability to secure stable housing is critical to an individual’s success after incarceration. Yet, formerly incarcerated individuals face structural barriers that extend beyond the broader housing affordability crisis. One of the most pervasive challenges is discrimination based on criminal records by both public housing authorities (PHAs) and private landlords, which often results in automatic denials regardless of rehabilitation or actual tenant risk. People who have been incarcerated are nearly ten times more likely to experience homelessness than the general population, with rates even higher among those recently released. This disparity cannot be explained by housing instability alone. Barriers to employment and a lack of adequate mental health care, substance use treatment, and social support all contribute to the increased risk of homelessness among formerly incarcerated individuals. Addressing housing instability, however, is a necessary foundation for reducing these broader risks. Without stable housing, formerly incarcerated individuals face an increased risk of recidivism and perpetual cycles of incarceration and homelessness.

This Note argues that eliminating criminal history-based discrimination in housing is both a moral imperative and a pragmatic reform. Drawing on social science research, federal regulatory frameworks, and emerging Fair Housing Act (FHA) litigation, it advocates for a dual strategy: reviving a version of U.S. Department of Housing and Urban Development’s (HUD) 2024 proposed rule to require individualized assessments in public housing and voucher program admissions, and strengthening the use of disparate impact and discriminatory intent claims under the FHA to challenge exclusionary private screening policies. Together, these legal and policy tools provide a path to dismantle criminal history-based housing discrimination and promote a more equitable, evidence-based approach to reentry.

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