Can Landlords Deny Housing to Those with a Criminal Conviction?

 Posted on October 21, 2026 in Criminal Law

Illinois landlords can consider criminal history. However, a blanket policy rejecting anyone with a record creates real legal exposure. State and federal laws limit how landlords use criminal records when reviewing rental applications. Some counties also have stricter rules. Landlords can still consider legitimate safety concerns, but they must follow the laws that apply to their properties.

If you have questions about screening tenants in 2026, our Naperville, IL landlord eviction lawyers can help. We can guide you through the process and help you avoid discrimination claims.

What Does Illinois Law Say About Criminal Background Checks for Tenants?

Under the Illinois Human Rights Act, 775 ILCS 5/3-102, landlords cannot deny housing based on certain criminal records. These include arrests without convictions, juvenile records, and sealed or expunged records.

However, Illinois landlords can consider criminal convictions when making rental decisions. State law does not require every landlord to follow Cook County’s review process. However, federal fair housing laws and local rules still limit when a conviction can justify denying an application.

Some areas have stricter rules. Naperville landlords must follow statewide and federal requirements. They also have to understand applicable local laws.

Do Cook County Landlords Have Different Criminal History Screening Rules?

The Cook County Just Housing Amendment places additional limits on criminal background checks. For most convictions, landlords can look back only three years. Exceptions apply to current sex offender registration requirements and child sex offender residency restrictions. They must first review an applicant's income and rental history. They must also check other qualifications before reviewing criminal history.

If a recent conviction raises concerns, landlords must review the offense and the applicant's circumstances. They must also consider evidence of rehabilitation. Denial must address a clear risk to people or property.

Landlords must provide the applicant with a copy of the background report. The applicant then has five business days to dispute the information. Landlords must also explain any conviction-based denial in writing. These rules do not apply throughout Illinois.

Why Can Blanket Criminal History Policies Violate Fair Housing Laws?

A policy that rejects everyone with a criminal conviction could violate federal fair housing law, even if applied equally. This is called disparate impact. It happens when a policy unfairly affects people based on race or another protected characteristic without a sufficient legal reason.

Landlords have the right to consider safety concerns. However, they should review the type of offense, how long ago it happened, and whether it poses a real risk. Unlawful screening policies could lead to discrimination complaints, financial penalties, and legal expenses.

What Criminal Convictions Can Illinois Landlords Consider?

Some areas have stricter local rules. In other areas, landlords can consider convictions that raise legitimate safety concerns. For example, a recent conviction involving violence or serious property damage could be relevant. An older, minor offense might raise fewer concerns.

Some government-funded housing programs have stricter rules. These include restrictions for people convicted of making methamphetamine on federally assisted housing property. Restrictions also apply to people required to register as sex offenders for life. Landlords should consider the circumstances rather than reject everyone with a record. Keeping records of why you denied an applicant can help protect you against discrimination claims.

How Can Illinois Landlords Create a Fair Tenant Screening Policy?

A clear screening policy helps landlords make fair decisions and avoid legal problems. Helpful practices include:

• Use the same written screening rules for every applicant.
• Review income, rental history, and references before criminal history.
• Do not use arrests without convictions or protected juvenile, sealed, or expunged records.
• Consider whether a conviction creates a legitimate safety concern.
• Check local laws for additional screening restrictions.
• Keep records explaining rental decisions.

Landlords who use background checks from outside companies must follow the federal Fair Credit Reporting Act. This law protects applicants by requiring landlords to handle background reports fairly. It also requires them to notify applicants when a report leads to a rental denial.

If a report contributes to a denial, the landlord has to notify the applicant. The notice must identify the reporting company and explain the applicant's right to dispute errors and request a free copy.

Can Illinois Landlords Evict Tenants for Criminal Activity?

Landlords can seek eviction when tenants engage in certain criminal activities on rental property. However, they must follow Illinois eviction procedures. For example, certain drug offenses, weapons violations, and violent crimes can support eviction. A criminal conviction is not always required, but an arrest alone does not prove that a tenant broke the law or violated the lease.

Landlords should review the evidence and seek legal advice before starting an eviction.

Schedule a Free Consultation With Our DuPage County, IL Landlord Representation Attorneys

At Appelman Law LLC, we help landlords develop rental policies and address discrimination complaints. We also assist with tenant disputes. Attorney Appelman holds a Master’s Degree in Forensic Psychology. This background provides valuable insight into criminal-history concerns and tenant screening decisions.

Our team is available by phone 24 hours a day to assist with urgent legal matters. Contact us at 630-717-7801 to schedule a consultation with our Naperville, IL landlord representation lawyers today.