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Published on June 13, 2024
Massachusetts Attorneys General Champion Reform for HUD-Housing Access for Those with Criminal RecordsSource: Unsplash/ Breno Assis

Leading a charge to change the housing game for those with criminal records, the Massachusetts Attorney General's Office has partnered with a coalition of 14 attorneys general to push for reforms that will reduce barriers to HUD-assisted housing and foster fairer treatment. This united front sees Massachusetts team up with states like Maryland, New Jersey, and Pennsylvania, seeking to amend existing regulations and affording those with a troublous past a clearer path to stable housing, as reported by Mass.gov.

The coalition's rallying cry is articulated in a comment letter addressed to the U.S. Department of Housing and Urban Development (HUD). It applauds the proposed rule aimed at limiting the use of criminal records in housing decisions. If implemented, this rule would significantly enhance the prospects of individual assessments for applicants, especially at a time when housing instability disproportionately affects communities of color, who statistics show face harsher sentences across the board. In response to HUD's efforts to amend its regulations, the coalition emphasized the importance of fairness and the necessity for measures that prevent indirect discrimination—steps seen as crucial in breaking the cycle of recidivism, a longstanding issue in impoverished and marginalized communities.

HUD's proposition rocks the boat with a proposed three-year lookback period on considering criminal histories, a stark contrast to a system that has long-lasting or permanent ramifications. The idea is to foster more equitable housing access and quash the inequality that's stitched into the criminal records fabric, particularly in communities of color. Furthermore, a pivotal change would be the halting of housing denials firmly based on mere arrest records without convictions, requiring Public Housing Authorities (PHAs) and HUD-assisted providers to delve deeper into mitigating factors and the applicant's submitted information should a denial be on the cards.

Despite their support, informed states have urged HUD for more clarity on how the rule would apply. They seek to define more precisely how evidence of criminal actions without conviction could influence housing screenings. They aim to sharpen the guidelines without violating the Fair Housing Act (FHA), insisting on a clear boundary that prevents unjust discrimination. Meanwhile, Massachusetts residents can familiarize themselves with their rights through the "Know Your Rights - Criminal Records: A Guide to Rights in Employment and Housing," available in both English and Spanish. Those affected by past misdeeds can also contact the AGO's Civil Rights Division to lodge complaints if they suspect their rights are being infringed, as provided on Mass.gov.

Moreover, there's a beacon of hope for those with student debt looking to steer their financial ships right; the AGO's Student Loan Assistance Unit will be offering a free webinar later this month as a lifeline for returning citizens to learn about the Fresh Start initiative and how it aids in navigating the stormy waters of loan default, with the webinar dates posted on the Mass.gov website for RSVPs. This action, helmed by states from all over the American palette, from the Rockies in Colorado to the Empire State of New York, stands as a testament to a growing consensus that the past should not dictate the opportunity for a deserved future.