
If you have a misdemeanor on your record, you may wonder if it could prevent you from renting an apartment. Many people ask, Can you be denied housing for a misdemeanor? and Can an apartment reject you for a misdemeanor?
Unfortunately, the answer is yes. Although a misdemeanor is not as severe as a felony, it may still affect your housing application. However, being denied isn’t a certainty. Let’s explore some details so you know what to expect.
Understanding Misdemeanor Housing Denials
Public Housing Authorities (PHAs) screen all applicants through a comprehensive background check, including those applying to the Section 8 Housing Choice Voucher program. This screening involves a criminal background check for all adults residing in the household. PHAs, funded by the federal government, must follow the anti-discrimination standards outlined in the Fair Housing Act, governed by the U.S. Department of Housing and Urban Development (HUD).
Can You Be Denied Housing for a Misdemeanor?
HUD guidelines require PHAs to evaluate criminal background information on a case-by-case basis. Blanket bans on applicants with misdemeanors or felony convictions are generally prohibited, except in two instances:
- Lifetime registration as a sex offender
- Conviction for manufacturing methamphetamine in federally assisted housing
In all other cases, PHAs review the nature, severity, and timing of the misdemeanor offense and any mitigating factors. For instance, your employment record, character references, education, or rehabilitation efforts may support your application if you include this information with your background check release form. Learn more about background checks for specific cases like sex offenses here and possession charges here.

Reasons for Housing Denial Due to Misdemeanor Crime
Housing denial may occur if your criminal history suggests a potential risk to the safety or peace of other tenants. If you apply for public housing, the PHA must provide evidence supporting their decision to deny your application rather than relying on assumptions. In addition, you have the right to appeal the decision under the Fair Housing Act by requesting a meeting and reviewing the Tenant Selection Plan and other supporting documents.
Navigating Differences Between PHAs
Different PHAs have varying qualification standards, so if one PHA denies your application, you may still qualify elsewhere. Joining multiple waiting lists increases your chances of finding housing.

Can Private Landlords Reject You for a Misdemeanor?
Yes, private landlords may deny rental applications due to misdemeanor crimes, as criminal records can legally influence rental decisions. However, misdemeanors are often treated less severely than felonies. The type and age of the misdemeanor crime play a role in this decision. For example, a misdemeanor charge for simple possession may be less concerning than a recent assault charge.
Private landlords typically set their own standards for what qualifies as disqualifying misdemeanor behavior. While some landlords conduct background checks that only flag felony crimes, others review all criminal history. As a result, offenses like misdemeanor assault or misdemeanor battery may impact your application.
How Far Back Do Rental Background Checks Go?
The period covered by a background check, known as the “look-back period,” varies by state. For instance, some states limit background checks to seven years, while others allow 10 years or have no limit at all.
States with seven-year limitations on background checks include:
To understand the look-back period for your state, consult resources like the Restoration of Rights Project, which provides detailed information on background check limits by state.

Can You Get an Apartment with a Misdemeanor?
To increase your chances, ask about a landlord’s background check policy before applying. Major rental sites like Zillow.com and Rent.com offer messaging functions for inquiries, or you can contact leasing offices directly.
If faced with repeated denials, consider looking at rentals on sites like Craigslist or Facebook Marketplace, where independent landlords may be more flexible with misdemeanors.
Finding Second-Chance Housing
If your misdemeanor is causing consistent rejections, consider contacting a second-chance apartment locator. These agents work with renters who face barriers like criminal backgrounds and low credit scores. They are familiar with landlords who may approve your application, saving you time and effort.
Quick Recap
Both public housing authorities and private landlords may deny housing to individuals with misdemeanor convictions. The factors influencing these decisions include each property’s rental policies, the nature and age of the misdemeanor, and whether the landlord or housing authority considers mitigating information in the application.
Additionally, in some states, misdemeanors older than five or ten years may not appear on background checks, allowing applicants to leave past offenses behind. Resources like second-chance apartment locators and re-entry organizations can assist you with finding housing options despite a misdemeanor.
If you’re applying for HUD-assisted housing, it’s crucial to understand the specific HUD background check requirements and guidelines PHAs must follow. Although HUD enforces fair housing laws to prevent discrimination, certain offenses, as mentioned above, may lead to denial. Familiarizing yourself with HUD policies and providing any positive references or rehabilitation records can strengthen your application. For a full overview of these requirements, visit the HUD Background Check Requirements page on Renting to Felons, and check their homepage for additional resources and guidance on overcoming housing challenges with a criminal background.
FAQ’S
What does misdemeanor mean?
A misdemeanor is a type of criminal offense that is less severe than a felony. It typically involves minor violations of the law, such as petty theft or disorderly conduct, and usually results in lighter punishments like fines, community service, or short-term jail sentences.
What is the most common misdemeanor?
One of the most common misdemeanors is simple assault, followed by offenses like petty theft, disorderly conduct, and public intoxication. These are minor crimes that often result in fines or other minor penalties.
What is a misdemeanor in Canada?
In Canada, there is no formal distinction between “misdemeanors” and “felonies.” Instead, Canadian law categorizes offenses as either summary offenses (for minor crimes) or indictable offenses (for more serious crimes). Summary offenses are similar to misdemeanors in the U.S. and generally carry lighter sentences.
What is the synonym of misdemeanor?
Common synonyms for “misdemeanor” include minor offense, infraction, violation, and petty crime. These terms generally refer to lesser criminal acts that have relatively mild legal consequences.
What’s the worst misdemeanor you can commit?
The most serious type of misdemeanor is often classified as a Class A or Gross Misdemeanor. Examples of serious misdemeanors include DUI (Driving Under the Influence), domestic violence, and certain types of theft or assault. These can lead to more substantial penalties, including jail time of up to a year.
How do you use the word misdemeanor?
The term “misdemeanor” is often used to describe minor offenses. For example, “She was charged with a misdemeanor for public intoxication.” The word is commonly used in legal contexts to specify a lower-level criminal offense.