Article Summary –
The Michigan Fair Chance Access to Housing Act, or House Bill 4878, was introduced to prohibit landlords from considering an applicant’s criminal history during the tenant screening process. The bill, supported by dozens of criminal justice advocates and formerly incarcerated people, stipulates that if an applicant meets all income, rental history, and credit score requirements, a landlord must issue a conditional offer, any denial based on criminal history could result in fines from the Michigan Department of Attorney General. Exceptions are outlined, including an applicant’s criminal record showing convictions for arson, human trafficking, or any other felony committed one year prior to the offer date.
Detroit Exoneree Struggles with Housing due to Criminal Record
After being exonerated in 2020, Detroit resident Marvin Cotton Jr., has struggled to find housing due to a 20-year old first-degree murder charge lingering on his record.
Obstacles Faced by Formerly Incarcerated Individuals
Cotton, 43, spent five months post-exoneration trying to secure housing, an issue many formerly incarcerated individuals face. He was forced to pay elevated rates to landlords due to his criminal record.
Michigan’s Proposed Solution: House Bill 4878
To rectify these housing inequalities, Michigan House Democrats introduced House Bill 4878, the Michigan Fair Chance Access to Housing Act. This bill prevents landlords from considering an applicant’s criminal history in tenant screening, a practice already followed in several Michigan communities.
Demonstration for Support
Dozens of criminal justice advocates and formerly incarcerated individuals rallied in support of the legislation on Oct. 17. Supporters, including the bill’s sponsor Rep. Abraham Aiyash, argue that housing is a basic human right that shouldn’t be denied due to criminal history.
Housing Insecurity and Homelessness Among Formerly Incarcerated
A 2018 report from the Prison Policy Initiative suggests those previously incarcerated are almost 10 times more likely to experience homelessness. Over 50,000 people enter homeless shelters yearly from correctional facilities, according to the U.S. Department of Housing and Urban Development.
Reoffending Due to Lack of Housing?
Cotton, who now works for criminal justice reform organization Nation Outside, warns that a lack of housing could lead to reoffending. He stressed the importance of finding housing “the right way”.
House Bill 4878: What It Means for Applicants
If the bill passes, landlords would have to issue a conditional offer to applicants who meet all income eligibility, rental history, and credit requirements. Denying an applicant based on criminal history could result in fines or other penalties.
Personal Experiences, Future Hopes
Eric Anderson of Detroit also experienced job and housing rejections due to his criminal record. He calls for a second chance for individuals who have served their time.
Stipulations in the Bill
The bill allows landlords to withdraw offers if an applicant’s criminal record shows convictions for certain felonies. If a rejection is believed to be wrongful, the applicant can appeal within two weeks, requiring a reevaluation of the applicant’s individual circumstances.
Democratic Reform Policies
The bill is among several housing and criminal justice reform policies introduced by Democrats this year. It currently awaits a vote in the House Economic Development and Small Business Committee to be brought before the full chamber.
—
Read More Kitchen Table News
