Get Your Free Atlanta Housing Guide for People With Records

What This Housing Guide Covers

The Atlanta Housing Guide for People With Records is a free informational resource created to help people understand housing options and barriers they may face when searching for a home. The guide focuses on what you should know about the housing search process in the Atlanta area, including how criminal records affect rental decisions, what landlords typically look for, and what resources exist in Georgia and Atlanta.

This guide does not process applications, make decisions about your situation, or connect you directly to housing. Instead, it provides written information that you can read and reference while you research housing options. The guide explains how housing discrimination laws work, what questions landlords commonly ask, and where you might look for additional resources in your community.

According to the Council of Criminal Justice, approximately 70 million Americans have criminal records, and housing instability is one of the most significant barriers formerly incarcerated people face after release. The guide acknowledges this reality and provides factual information about the landscape you may encounter. It covers both the challenges and the legal protections that exist.

The information in the guide is based on Georgia housing laws, fair housing regulations, and resources operated by nonprofits and government agencies in Atlanta. The guide is updated periodically, though you should always verify current information directly with agencies, as programs and regulations change.

Practical Takeaway: Before beginning your housing search, read through this guide to understand what you may encounter and what your rights are under fair housing law. Keep the resources listed in the guide bookmarked so you can reference them as you contact landlords and property managers.

Understanding Criminal Records and Housing Decisions

Landlords in Georgia can consider criminal history when making rental decisions, but they are not allowed to deny housing to everyone with a record automatically. Federal fair housing law and Georgia state law set limits on how criminal history can be used. Understanding these limits is important because some landlords follow practices that go beyond what the law allows.

The Federal Trade Commission and the U.S. Department of Housing and Urban Development (HUD) have provided guidance stating that blanket bans on renting to anyone with a criminal record are likely to violate fair housing laws. This means a landlord cannot have a policy that says "no one with any criminal conviction ever." Instead, landlords are supposed to consider factors like how long ago the offense occurred, the type of offense, and what you have done since the conviction.

In Georgia, there is no state law that specifically restricts how landlords can use criminal history. However, Georgia fair housing law prohibits discrimination based on protected characteristics like race, color, religion, sex, national origin, disability, and familial status. Research has shown that criminal history screening can have a disparate impact on protected groups, meaning that even facially neutral policies can discriminate in practice. If you believe a landlord's decision was based on a protected characteristic rather than legitimate business reasons, you may have grounds for a fair housing complaint.

The guide explains that different types of convictions may be treated differently. Violent offenses, sexual offenses, and drug manufacturing convictions are offenses that landlords most commonly use to reject applicants. However, even for serious offenses, timing matters. A conviction from 15 years ago is treated differently than one from last year. A misdemeanor trespassing charge is treated differently than a felony conviction. The guide includes information about what kinds of offenses different housing programs will and will not overlook.

Georgia allows records to be sealed or restricted in certain cases. If you have had a conviction dismissed, acquitted, or had your record restricted, you may not be required to disclose it to landlords. However, you will still need to answer questions about pending charges or cases you are currently involved in. The guide provides information about how to find out your record status and what records can be hidden from landlords under Georgia law.

Practical Takeaway: Obtain a copy of your criminal record from Georgia's state background check system before you start applying for housing. Knowing exactly what appears on your record prevents surprises when landlords run background checks. The guide includes information about where to request this report.

Fair Housing Laws and Your Rights

Fair housing laws protect you from discrimination in rental housing. The Fair Housing Act is a federal law that applies in all states, including Georgia. It prohibits discrimination based on race, color, religion, sex, national origin, disability, and family status. Many people think fair housing law only applies to these protected categories, but the law also prevents retaliatory conduct and discriminatory statements or advertising.

If a landlord rejects your application, they must provide a reason. They can tell you verbally, but it is better to ask for the reason in writing. Some landlords will cite criminal history, but some may give a reason that seems pretextual—meaning it is not the real reason. For example, if a landlord approves an applicant with a similar record but denies you, or if they cite a reason that does not match what they told you earlier, these patterns can indicate discrimination. The guide walks through warning signs that might suggest discriminatory treatment rather than legitimate business decisions.

You also have the right not to experience harassment based on protected characteristics. This includes during the application process. If a landlord or property manager makes comments about your race, religion, national origin, disability, or family status—or makes different rules for you than for other tenants—this violates fair housing law. The guide provides specific examples of statements and practices that cross the line into illegal discrimination.

If you experience housing discrimination, you can file a complaint with HUD's Office of Fair Housing and Equal Opportunity. This process is free and does not require you to hire a lawyer. HUD investigates complaints and can order remedies including damages, attorney's fees, and injunctive relief. Georgia also has a state fair housing law enforced by the Georgia Commission on Human Relations. The guide includes information about how to file complaints with both agencies and what timeline you have to file.

It is also worth knowing that some housing programs in the Atlanta area specifically work with formerly incarcerated people and will overlook criminal history or make individualized decisions. The guide lists some of these programs and explains how they differ from private landlords. These organizations understand barriers that people with records face and view housing as part of successful reentry.

Practical Takeaway: Document every communication with landlords, including emails, phone calls, and conversations. Write down dates, names, and what was said. If you experience discrimination, having this record makes it much easier to explain what happened if you decide to file a complaint.

What Landlords Look For in Background Checks

When you submit a rental application, most landlords will run a background check. This check pulls information from multiple sources and creates a report about your criminal history, eviction history, credit, and sometimes rental payment history. Understanding what appears on these reports helps you prepare for conversations with landlords.

Background check reports typically include all arrests, charges, and convictions. Even arrests that were dismissed, or cases where you were found not guilty, may still appear on the report depending on which database the background check company uses. Georgia law allows certain records to be restricted or sealed, which means they should not appear, but not all background check companies follow Georgia law consistently. This is one reason it is important to know your own record before landlords see it.

According to data from the Society for Human Resource Management, approximately 96% of landlords conduct background checks as part of their screening process. The background check report typically includes criminal history, eviction records, and credit information. For rental purposes, landlords most commonly focus on the criminal history and eviction records sections.

Some background checks also pull civil court records, which means they may show small claims cases, traffic violations, or other legal proceedings. If you have unpaid debt that went to court, or if you have had civil suits against you, these may appear. The guide explains what shows up on civil records and how landlords typically use that information.

The guide also covers what does NOT appear on background checks but may still affect your application. Employment history, income, previous landlord references, and credit scores are typically verified separately. You will usually be asked to provide information about your employment, income sources, and landlord references directly on the application or during a follow-up interview. Being prepared to discuss these topics honestly is part of the rental application process.

Many landlords use third-party screening companies and have specific cutoff policies. They may say they reject anyone with a conviction within the past 5 years, or anyone with a violent offense. Other landlords review applications on a case-by-case basis. The guide includes questions you can ask landlords about their screening policies,