The Journal of College and University Student Housing - Volume 44, No. 3 - 15

This article is dedicated to my late professor from Wright State
University, Dr. Joanne Risacher, a longtime residence life leader,
educator, and mentor.

CoLLeges and universities CommonLy revieW tHe
CriminaL History of students who apply to live in
campus housing, but this practice may be inherently
discriminatory. new guidance from the u.s. department
of Housing and urban development warns that the fair
Housing act, which applies to higher education institutions,
prohibits the use of any practice that unnecessarily results
in discriminatory effects for people from protected classes.
Because the u.s. criminal justice system disproportionately
affects people of color, the use of criminal background
checks in housing could violate the fair Housing act. this
paper presents an analysis of the new guidance in the
higher education context and offers a critical perspective
on the use of criminal background checks in campus
housing. in addition, a review of state laws and university
system policies found that a small number prohibits certain
offenders from living on campus, which complicates
implementation of the federal fair Housing act. for campus
housing officers, recommendations for defending against
housing discrimination lawsuits and for reconsidering the
use of criminal history in campus housing are presented.

 .  .  . the Fair
Housing Act,
which applies to
higher education
institutions,
prohibits the use
of any practice
that unnecessarily
results in
discriminatory
effects for people
from protected
classes .

Violent crimes committed in university residence halls shock even
the most seasoned campus administrators. though college students with prior felony convictions are rarely the perpetrators of
on-campus crimes (university of north Carolina, 2004), they are
easy targets for the media, campus administrators, and policymakers. in the past 20 years, there has been a proliferation of policies
at the federal, state, and institutional levels targeting people with
criminal records in higher education (Custer, 2017a). Criminal

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The Journal of College and University Student Housing - Volume 44, No. 3

Table of Contents for the Digital Edition of The Journal of College and University Student Housing - Volume 44, No. 3

Contents
The Journal of College and University Student Housing - Volume 44, No. 3 - Intro
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The Journal of College and University Student Housing - Volume 44, No. 3 - Cover3
The Journal of College and University Student Housing - Volume 44, No. 3 - Cover4
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