Asking to change a policy about arrest records or time in prison or jail
Are you applying to rent a place and....
Have been arrested, formerly incarcerated, or spent time in jail?
Have a disability, including a mental health issue or substance use disorder, that might have affected you during that time?
If you answered yes to both questions, you have the right to ask for a change to policies in the rental process related to any arrests or convictions.
How does a disability related to an arrest or time in jail or prison affect renting?
If you have a disability, you may be able to show that an arrest or time in jail or prison were impacted by a disability. Here are some examples:
Jeffrey's story
Jeffrey has a mental health issue that he needs support for. During an episode where he was not taking his medicine many years ago, he was confused about where he was. He trespassed on property and was arrested.
Jeffrey can appeal if his application is rejected because of his trespassing arrest since it was related to his disability.
Wanda's story
Wanda has a substance use disorder. She took some items from a relative to buy drugs, and the relative pressed charges. Wanda now receives support services and has had no issues with the law.
Wanda can appeal if her application is rejected because of her arrest since it was related to her disability.
Big Takeaway: If you have an arrest or a record of some kind, you may have rights related to housing that you are not aware of. You can use the accommodations process to try to access housing options that work for you.
Additional rights if you live in Cook County
If you live in Cook County, Illinois, you may have additional rights. It does not matter if you have a disability. The Just Housing Amendment protects renters from discrimination based on history with the justice system. Housing providers must:
Not consider arrests in housing applications
Not let someone's record from 3 or more years ago (in most cases) impact their application
Consider the full situation of someone who has a more recent interaction with the law and go through a process called an individualized assessment
Learn more about the Just Housing Amendment.
Asking for an accommodation about justice system related issues: sample letter
Here is a sample letter about having a history of an arrest or time in jail or prison that explains some important things to include. The examples here might not all apply to your situation. You should include details that are true to you in your letter (or the person you are writing a letter for).
