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Connecticut Tenant Screening Laws: The Landlord and Applicant Guide

FCRA Permissible Purpose · Adverse Action Notices · Section 47a-4d Fifty-Dollar Fee Cap · No Application Fee · Eviction-Record Removal · Source-of-Income Protection

Updated Q3 2026 By Tenant Screening Background Check Editorial Team Applies Connecticut ~17 min read

Connecticut tenant screening sits at the crossroads of two bodies of law: the federal Fair Credit Reporting Act, which governs how a consumer report may be pulled and used everywhere in the country, and Connecticut’s own rules, which recently grew teeth. Since Public Act 23-207, Connecticut caps a tenant screening report fee at fifty dollars under General Statutes Section 47a-4d, bans a separate rental application fee, forces the landlord to hand the applicant a copy of the report (or, where the landlord is barred from copying it, the information needed to request one), and requires the Judicial Department to remove many eviction case records from its website. Layered on top is one of the older and stronger source-of-income protections in the country. The Connecticut landlords who screen properly follow the law at each step; the ones who charge an illegal application fee or skip an adverse action notice pay for that shortcut, and the mandatory attorney-fee provisions make the bill large.

This guide walks the whole framework in plain English: the federal Fair Credit Reporting Act requirements every landlord must meet, Connecticut’s fifty-dollar screening-report fee cap and the copy-of-report and receipt duty under Section 47a-4d, the Public Act 23-207 ban on application fees, the July 2024 Section 47a-26j eviction-record website-removal rules, lawful-source-of-income protection under General Statutes Section 46a-64c and the Housing Choice Voucher, the 24 CFR 100.500 disparate-impact rule for criminal history, the rights every applicant holds, a day-by-day screening workflow, a compliance playbook, real scenarios, and a Connecticut-specific set of frequently asked questions.

Because Connecticut layers state protections on top of the federal baseline, the safest posture for a landlord is a lawful fee, written consent, consistent written criteria, and proper adverse action notices every single time, and the strongest position for an applicant is to know exactly which rights the law confers. Treat every figure here, including the inflation-adjusted fee ceiling, as a starting point and verify the current statute before you screen, charge a fee, or dispute a decision.

Connecticut tenant screening rules at a glance

  • A landlord may charge no application processing fee and may charge a tenant screening report fee of no more than fifty dollars plus an annual consumer-price-index adjustment determined by the Commissioner of Housing, and must give the applicant the receipt and the report or, if prohibited from providing the report, the information needed to request it (C.G.S. 47a-4d(b)-(d), P.A. 23-207); no published adjusted figure was found. See the Connecticut application fee guide.
  • No statewide portable or reusable screening report rule was found in the Connecticut General Statutes.
  • Connecticut has no statewide fair-chance housing procedure, but refusing to rent on the basis of erased criminal history record information, including youthful-offender records and continuances more than thirteen months old, is a discriminatory practice, with small owner-occupied exemptions (C.G.S. 46a-80a(4), 46a-80c).
  • Lawful source of income, including housing assistance, is a protected class (C.G.S. 46a-63, 46a-64c), and withdrawn, dismissed and tenant-won eviction cases are removed from the Judicial Branch website and may not be disclosed for tenant screening (C.G.S. 47a-26j).
  • The federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is the baseline: a permissible purpose to obtain the report and an adverse action notice under section 1681m(a) whenever a report contributes to a denial or worse terms.

Connecticut Tenant Screening at a Glance

Primary Authority

FCRA — fifteen U.S.C. section 1681 & Fair Housing Act

Connecticut Authority

General Statutes section 47a-4d, section 46a-64c & section 46a-81e

Screening-Report Fee Cap

Fifty dollars plus annual CPI adjustment — verify current

2023-2024 Update

Public Act 23-207 — no application fee; Section 47a-26j eviction-record website removal

Bottom line: A Connecticut landlord must satisfy the federal Fair Credit Reporting Act — permissible purpose and an adverse action notice under section 615(a) whenever a consumer report contributes to a denial, a larger deposit, a higher rent or a co-signer requirement — and Connecticut’s own rules on top of it. General Statutes Section 47a-4d caps a tenant screening report fee at fifty dollars plus an inflation adjustment the Commissioner of Housing sets each year — verify the current figure — and requires the landlord to give the applicant a copy of the receipt and a copy of the report or, if the landlord is prohibited from providing it, the information needed to request it from the service provider. Public Act 23-207 bars any separate rental application processing fee and, from July 1, 2024, requires the Judicial Department to remove certain summary process records from its website under Section 47a-26j and bars any person from disclosing a removed record for tenant-screening purposes; it does not bar a landlord from considering eviction history and it seals nothing. General Statutes Section 46a-64c protects lawful source of income, so a no-Section-8 policy is unlawful. Criminal history may be considered, but a blanket ban invites a Fair Housing Act disparate-impact claim under 24 CFR section 100.500 — HUD’s own 2016 criminal-records guidance was withdrawn effective September 25, 2025 and is no longer authority — and erased criminal history record information may not be used under General Statutes Section 46a-80c. These are general rules; verify the current statute, the inflation-adjusted fee figure, and any local ordinance before you screen.

The FCRA Framework in Connecticut

The Fair Credit Reporting Act, codified at fifteen U.S.C. section 1681, is the federal statute that governs tenant screening nationwide, and a Connecticut landlord must comply with it regardless of any state-law differences, then add Connecticut’s own rules under General Statutes Section 47a-4d and Section 46a-64c. Getting both layers right prevents almost all screening-related liability. Two federal requirements sit at the core, permissible purpose and the adverse action notice, and two load-bearing practices sit beside them.

Permissible Purpose

A landlord has a permissible purpose under Fair Credit Reporting Act section 604(a)(3)(F)(i), fifteen U.S.C. section 1681b(a)(3)(F)(i), to pull a consumer report on a rental applicant: a legitimate business need in connection with a business transaction the consumer initiated. A lease renewal or a review of an existing tenancy sits in the neighboring clause (F)(ii). That is the threshold right to obtain the report at all, but it does not eliminate any of the other requirements — it only opens the door to a report the landlord must then handle correctly.

Applicant Authorization

Take the applicant’s signed authorization before pulling a report that includes credit, and keep it. The landlord certifies a permissible purpose to the consumer reporting agency, and screening companies generally require a signed authorization for any report that includes credit; the signed form is also the evidence that the applicant initiated the transaction under section 604(a)(3)(F)(i). The authorization should be clear and conspicuous, and the best practice is a standalone form rather than a clause buried in the rental application. One attribution point is worth getting right, because most landlord guidance gets it wrong: the Fair Credit Reporting Act’s stand-alone-document disclosure and written-authorization formality lives in section 604(b)(2), fifteen U.S.C. section 1681b(b)(2), which by its own words governs a report procured for employment purposes and does not reach a tenancy. The practice is right; the source is permissible purpose and the agency’s user agreement, not section 604(b)(2). An applicant may decline consent and withdraw the application.

Consistent Criteria

Written screening criteria must be applied consistently to every applicant. Inconsistency creates disparate-treatment exposure under the Fair Housing Act and Connecticut fair-housing law, because bending the rule for one applicant and not another is powerful evidence of discrimination even where none was intended.

No Federal Pre-Adverse Step in Housing

The Fair Credit Reporting Act imposes no pre-adverse action step on a landlord. The two-step procedure that circulates in landlord guidance — hand the applicant a copy of the report and the summary of rights, then wait before acting — is section 604(b)(3), fifteen U.S.C. section 1681b(b)(3), and that subsection applies only in using a consumer report for employment purposes. Section 603(h) defines employment purposes as evaluating a consumer for employment, promotion, reassignment or retention as an employee, and renting a home is none of those four things. So in housing there is no waiting period before the decision, no duty to enclose the report, and no duty to enclose the summary of rights — furnishing that summary is a duty of the consumer reporting agency under section 609(c)(2), and the applicant’s route to the report is the free copy from the agency described below. Because there is no federal waiting period to observe, the commonly repeated figure of at least five business days has no statutory source in a housing decision at all.

Adverse Action Notice

This is the landlord’s real federal notice duty, and it runs after the decision, not before it. Under Fair Credit Reporting Act section 615(a), fifteen U.S.C. section 1681m(a), any person who takes an adverse action based in whole or in part on information in a consumer report must give the consumer notice of the adverse action, which may be oral, written or electronic; the name, address and telephone number of the consumer reporting agency that furnished the report, including its toll-free number where the agency reports nationwide; a statement that the agency did not make the decision and is unable to give the specific reasons for it; and notice of the applicant’s right to obtain a free copy of the report from that agency within sixty days and to dispute anything inaccurate or incomplete in it. If a numerical credit score was used in the decision, section 615(a)(2) adds a duty to disclose the score, its source, the date it was created, the range of scores under that model, and the key factors that adversely affected it. The Federal Trade Commission’s landlord guidance treats written notice as the best practice rather than a legal requirement. This step is not optional, and it applies to any adverse action — not only an outright denial, but also a larger deposit than another applicant would pay, a higher rent, or a co-signer requirement driven by the report, each of which is an adverse action under section 603(k)(1)(B)(iv). The notice is owed even where the report was not the primary reason for the decision.

FCRA sections 616 and 617 penalties

The Fair Credit Reporting Act imposes serious penalties. For a willful violation, section 616 gives the consumer either actual damages or statutory damages of one hundred to one thousand dollars — an alternative, not an addition — plus any punitive damages the court allows. For a negligent violation, section 617 gives actual damages with no statutory floor. Both sections award the costs of a successful action together with reasonable attorney fees. Separately, knowingly and willfully obtaining a consumer report under false pretenses is a federal crime under section 619, punishable by a fine and up to two years in prison. The attorney-fee provision is precisely what makes Fair Credit Reporting Act class actions so aggressive, because the cost of a single dropped step shifts to the landlord.

Takeaway

The federal Fair Credit Reporting Act requires permissible purpose and an adverse action notice under section 615(a) after the decision. It does not require a pre-adverse notice in housing — that is the employment rule in section 604(b)(3). A Connecticut landlord who does all of it — purpose, consistency, notice — is following the core screening rules. The framework is simple; the penalty for skipping a step, driven by mandatory attorney fees, is comprehensive.

How Much Can a Connecticut Landlord Charge to Screen? Section 47a-4d

Connecticut is now firmly one of the states that puts a hard ceiling on what a landlord may charge to screen an applicant. Under General Statutes Section 47a-4d, a landlord may charge no more than fifty dollars for a tenant screening report, plus an inflation adjustment tied to the Consumer Price Index for urban consumers that the Connecticut Commissioner of Housing determines each year. Because the base figure is fixed in the statute and only the small inflation adjustment moves, the practical ceiling for 2026 remains close to fifty dollars — so always verify the current amount before you charge — noting that Section 47a-4d(c) imposes only an annual determination by the Commissioner and does not require a published figure, so the adjusted number may not be posted anywhere. The statute defines a tenant screening report broadly: a credit report, a criminal background report, an employment history report, a rental history report, or any combination of those, used to determine the suitability of a prospective tenant. The cap therefore attaches to essentially any screening product, not just a credit pull.

Two duties ride with the fee. First, any landlord who charges a screening fee owes the applicant two things under Section 47a-4d(d), and the first of them is disjunctive — a point most guidance drops. The statute requires “(1) a copy of the tenant screening report or, if the landlord is prohibited from providing such a copy, information concerning such report that would allow such tenant to request a copy of such report from the service provider that produced such report, and (2) a copy of the receipt or invoice from the entity conducting the tenant screening report.” Screening-agency user agreements routinely forbid a landlord from re-disclosing the report, so the second branch is the common compliance path, not an edge case: a landlord in that position satisfies the statute by telling the applicant which service provider produced the report and how to request it. The receipt is owed either way. Both duties apply whether the applicant is approved or denied, and both are separate from the federal adverse-action process. Second, because the fee is capped, a landlord may not pad it or turn it into a profit center. A landlord who wants to keep a report on hand for the next vacancy still cannot charge above the ceiling or hide the receipt. The primary source is the General Assembly’s own current text of Connecticut General Statutes Section 47a-4d in chapter 830. Applicants who want to understand what a report can lawfully contain can review our guide to red flags in a rental application, which cuts both ways.

The fee is capped, receipted, and comes with the report

Charging more than the fifty-dollar inflation-adjusted ceiling under Section 47a-4d, or failing to give the applicant the receipt and either the report itself or the information needed to request it from the service provider, is a violation. Section 47a-4d(c) sets the adjustment by reference to an annual determination by the Commissioner of Housing rather than to any published figure, so confirm the current number before you charge, keep the fee within it, and deliver the receipt and the report or the request information every time. A modest, documented, lawful fee is both compliant and a signal to good applicants that your process is professional.

Takeaway

Connecticut caps a tenant screening report fee under Section 47a-4d at fifty dollars plus a small annual inflation adjustment set by the Commissioner of Housing, and requires the landlord to give the applicant the receipt and either a copy of the report or, where the landlord is prohibited from copying it, the information needed to request it from the service provider. Verify the current figure before charging.

Can a Connecticut Landlord Charge a Rental Application Fee?

No. This is the change that most surprises out-of-state landlords: since Public Act 23-207 took effect on October 1, 2023, a Connecticut landlord may not charge a prospective tenant a separate rental application processing fee. The only money a landlord may lawfully collect before a tenancy begins is the first month’s rent, the security deposit within the statutory limit, a key or key-deposit fee, and the tenant screening report fee capped at fifty dollars plus the annual adjustment under Section 47a-4d. A non-refundable application fee stacked on top of the screening fee — long common in competitive markets — is no longer permitted.

The practical effect is that the screening fee is now the single, capped, receipted charge tied to running the report, and it cannot be doubled up with an application fee. A landlord who advertises a rental, collects a twenty-five or fifty dollar “application fee” and then a separate “screening fee,” is charging an unlawful fee. When more than one adult applies for the same unit, each applicant’s screening report carries its own capped fee, but none of them owes a separate application fee. For the underlying paperwork that keeps this clean, see our rental application guide for landlords.

Takeaway

Public Act 23-207, effective October 1, 2023, bans a separate rental application processing fee in Connecticut. Under Section 47a-4d(b) a landlord may collect only advance payment of the first month’s rent, a security deposit under Section 47a-21, a deposit for a key or any special equipment, and the capped Section 47a-4d(c) screening-report fee — nothing more before or at the beginning of the tenancy. The same subsection separately provides that no landlord may charge a tenant a move-in or move-out fee.

Eviction-Record Removal and Tenant Screening

Get the vocabulary right first, because a great deal of secondary commentary gets it wrong: Connecticut does not seal eviction records. The word “seal” appears nowhere in Public Act 23-207. What the act did, at section 23, was create General Statutes Section 47a-26j (since amended by Public Act 24-88, section 3), effective July 1, 2024 and applicable to summary process actions disposed of before or after that date. Section 47a-26j(a) requires that, not more than thirty days after (1) the withdrawal of the action, (2) a judgment of dismissal or nonsuit on any ground, or (3) a final disposition that includes a judgment for the defendant, “the Judicial Department shall remove from its Internet web site any record or identifying information concerning such summary process action.” That is a website-removal duty imposed on the court system. The case file itself remains a public record obtainable at the courthouse, and Section 47a-26j(b) puts the record back on the website if there is any activity in the case or an appeal, where it then stays for thirty days after the later final disposition.

The screening consequences run through two further subsections, and both bind the records industry rather than the landlord’s decision. Section 47a-26j(c) excludes a removed record from any sale or transfer of bulk case records for a commercial purpose. Section 47a-26j(d) goes further: “No person or entity shall, for any commercial purpose, disclose any record or identifying information concerning any summary process action that has been removed” under subsection (a) — and “commercial purpose” is defined in the same subsection to include the individual or bulk sale of such records, the making of consumer reports containing them, and “any use related to screening any prospective tenant to determine the suitability of such prospective tenant.”

So the practical upshot is different from the one usually stated. A withdrawn, dismissed or tenant-won case should not appear on a compliant Connecticut screening report at all, and a screening company that reports one is the party violating Section 47a-26j(d). But no Connecticut statute forbids a landlord from declining an applicant on eviction history as such — no such prohibition appears anywhere in Public Act 23-207, whose only use of the word “solely” is in an unrelated property-tax valuation clause, and Section 47a-26j does not reach a pending case at all, because its removal duty is triggered only by a withdrawal, a dismissal or a tenant-favorable disposition. A landlord who does see such a record should still treat it with care: it is not a proven adverse event, using it invites a fair-housing disparate-impact argument, and the record’s presence on the report is itself a signal that the report is non-compliant. A completed eviction judgment against the tenant remains on the website and may be weighed within a consistent, individualized rental-history review.

Eviction record statusHow Section 47a-26j treats it for screening
Case withdrawn by the landlordRemoved from the Judicial Department website within thirty days; may not be disclosed for tenant screening (47a-26j(a), (d)), so it should not appear on a compliant report
Case dismissed or nonsuitedRemoved within thirty days; excluded from bulk-record sales and may not be disclosed for tenant screening (47a-26j(c), (d))
Tenant won the caseRemoved within thirty days of the final disposition; may not be disclosed for tenant screening. No statute bars the landlord’s own decision — the duty runs to the discloser
Mere filing, still pendingNot reached by Section 47a-26j at all: the removal duty is triggered only by withdrawal, dismissal or a tenant-favorable disposition, so a pending case stays on the website and no statute forbids considering it
Record restored after new activity or an appealBack on the website and lawfully reportable until thirty days after the later final disposition (47a-26j(b))
Completed judgment against the tenantRemains visible and may be weighed within a consistent, individualized rental-history review

Takeaway

General Statutes Section 47a-26j (Public Act 23-207 section 23; Public Act 24-88 section 3), effective July 1, 2024, requires the Judicial Department to remove withdrawn, dismissed and tenant-won summary process records from its website within thirty days, and bars any person or entity from disclosing a removed record for a commercial purpose — expressly including consumer reports and tenant screening. Nothing is sealed: the courthouse file stays public, and the record returns to the website on any new activity or appeal. And no Connecticut statute forbids a landlord from declining on eviction history — the duty runs to the discloser, so a removed record showing up on a report is the screening company’s violation.

Fair Housing Compliance in Connecticut

The Fair Housing Act prohibits discrimination in housing based on seven federally protected classes, and Connecticut’s fair housing law under General Statutes Section 46a-64c adds a substantially longer list. Screening criteria must be facially neutral, predictive of tenancy success, and consistently applied, and they must not produce a disparate impact on any protected class — a criterion that looks neutral but disproportionately excludes a protected group can still be unlawful.

Federal Protected Classes

The Fair Housing Act protects race and color, national origin, religion, sex, familial status meaning the presence of children, and disability whether mental or physical. Whether the statutory word “sex” also covers sexual orientation and gender identity is now an open federal question. HUD withdrew its February 9, 2021 memorandum applying Bostock v. Clayton County to the Fair Housing Act effective September 25, 2025 (Docket FR-6617-N-01, 91 Federal Register 44867, published July 17, 2026), and withdrew the February 11, 2021 memorandum implementing Executive Order 13988 effective September 17, 2025 (Docket FR-6571-N-01). The statutory text of the Act is unchanged and Bostock was a Title VII employment case, so the withdrawal removes the interpretation HUD had stated without settling the question the other way. In Connecticut the federal question does not change the answer for a landlord, and the state protection sits in two separate statutes: gender identity or expression is protected by General Statutes Section 46a-64c, and sexual orientation by Section 46a-81e. Refusing an applicant on either ground is unlawful in Connecticut however the federal question resolves — with one wrinkle that matters precisely because the two classes sit in different statutes. Section 46a-64c(b)(1) still exempts from that section the rental of a room or rooms in a single-family dwelling unit whose owner actually maintains and occupies part of it as a residence, and a unit in a dwelling of no more than two families where the owner occupies the other. Section 46a-81e now has no owner-occupied exemption at all — its former exemption was not identical in scope to Section 46a-64c(b)(1), so do not read the two as mirror images. Its official History note records that Public Act 23-207 “deleted former Subsec. (b) re exemption for owner-occupied properties.” So a small owner-occupier who falls inside the Section 46a-64c(b)(1) exemption as to gender identity or expression is still bound, with no exemption at all, as to sexual orientation and civil union status. Verify which side of that line a property falls on before relying on either. Connecticut protects all of these and more.

Connecticut’s Expanded Protections

General Statutes Section 46a-64c adds protected characteristics beyond the federal seven, including lawful source of income, marital status, age, ancestry, gender identity or expression, veteran status, learning disability, and — added by Public Act 22-82 and screening-relevant in its own right — status as a victim of domestic violence, which appears in Section 46a-64c(a)(1), the subdivision that bars refusing to rent or negotiate or otherwise making a dwelling unavailable. The law is enforced by the Connecticut Commission on Human Rights and Opportunities, known as the CHRO. Sexual orientation and civil union status are not in that section at all — they are protected by a standalone housing statute, General Statutes Section 46a-81e, headed “Sexual orientation discrimination: Housing,” whose subsection (a)(1) bars refusing to sell or rent, or otherwise making unavailable or denying a dwelling to any person, because of sexual orientation or civil union status. Read the two sections together; neither is the whole Connecticut list on its own. Connecticut’s list is among the broader ones in the country, which is why criteria that pass muster elsewhere can still create liability here.

Common Connecticut Fair-Housing Traps

  • Blanket criminal-history bans that auto-reject any record — the classic disparate-impact target under 24 CFR 100.500.
  • Rigid credit-score cutoffs applied with no individualized review of the applicant’s full picture.
  • Income multipliers that disproportionately exclude single parents, implicating familial status.
  • No-Section-8 policies, which are unlawful under Connecticut’s lawful-source-of-income protection.
  • Relying on a withdrawn or dismissed eviction record that Section 47a-26j(d) barred the screening company from disclosing in the first place — a non-compliant report is a poor evidentiary foundation for a denial, even though the statute binds the discloser rather than the landlord.
  • Inconsistent application of criteria across applicants of different protected classes.

Takeaway

Screening criteria must be neutral, predictive, and consistently applied, and must avoid disparate impact. Connecticut’s Section 46a-64c protects a long list beyond the seven federal classes, including lawful source of income and status as a victim of domestic violence, so blanket criminal bans, rigid cutoffs, exclusionary income rules, and no-voucher policies all invite liability.

Source-of-Income Protection and the Housing Choice Voucher

One of the most consequential Connecticut rules for screening is lawful-source-of-income protection, and it is not new: Connecticut added lawful source of income to its protected classes in 1989. The definition is not in Section 46a-64c at all; it sits at General Statutes Section 46a-63(3), which defines lawful source of income as “income derived from Social Security, supplemental security income, housing assistance, child support, alimony or public or state-administered general assistance.” Neither the Housing Choice Voucher nor the security-deposit guarantee program is named in that text: voucher coverage comes from Connecticut case law (250 Conn. 763), and the security-deposit guarantee from the annotation at 302 Conn. 263 reported under Section 46a-63. The operative prohibition, which does sit in Section 46a-64c, is what matters in practice. As a result, a Connecticut landlord may not refuse to rent, may not advertise a no-voucher policy, and may not apply harsher screening simply because an applicant intends to pay part of the rent with a voucher.

This does not strip the landlord of the right to screen. The landlord may still apply neutral, consistent criteria — credit, rental history, and income relative to the tenant’s own share of rent — to a voucher holder exactly as to any other applicant. A denial for genuinely insufficient income remains available, but the safer method is to measure income against the portion of rent the tenant actually pays rather than the full contract rent. Be clear about the source of that rule: no provision of Section 46a-64c states it, and the nearest authority is 250 Conn. 763, which bars imposing more stringent income requirements on Section 8 applicants than on others. It is a well-founded risk-management practice under that case, not a separate statutory command. Calculating an income multiplier against the entire rent rather than the tenant’s out-of-pocket share can screen out voucher holders as a group and expose the landlord to a source-of-income claim before the CHRO.

Screen the applicant, not the voucher

Under Section 46a-64c a Housing Choice Voucher is a protected source of income in Connecticut. Apply your standard, consistent criteria to the applicant. Measuring income against the portion of rent the tenant actually pays rather than the full rent is the prudent method — it follows from 250 Conn. 763’s bar on more stringent income requirements for Section 8 applicants, not from any express words in Section 46a-64c. Never advertise or apply a no-Section-8 rule, and the voucher can never be the reason for a denial.

Takeaway

Section 46a-64c has made a Housing Choice Voucher a protected source of income in Connecticut since 1989. A landlord may screen a voucher holder on neutral, consistent criteria but may not refuse, advertise against, or apply harsher rules because of the voucher; measuring income against the tenant’s own share of rent is the prudent method under 250 Conn. 763 rather than an express statutory command.

Criminal-Record Considerations in Connecticut

Start with what changed federally, because most guidance still in circulation is out of date. HUD’s April 4, 2016 criminal-records guidance was withdrawn effective September 25, 2025 (Docket FR-6617-N-01, 91 Federal Register 44867), and its June 10, 2022 implementation memorandum was withdrawn effective September 17, 2025 (Docket FR-6571-N-01); HUD’s notice says both “should not be relied upon as authoritative.” What survives is the Fair Housing Act itself and HUD’s discriminatory-effects rule at 24 CFR section 100.500, reinstated effective May 1, 2023 and still in force, under which a blanket criminal-record ban can still be challenged as disparate-impact discrimination. Section 100.500 is a burden-shifting litigation standard: the plaintiff must prove a discriminatory effect, the landlord must then prove the practice is necessary to a substantial, legitimate, nondiscriminatory interest, and the plaintiff may still prevail by showing a less discriminatory alternative. It imposes no individualized-assessment step and no notice before a denial — that step existed only in the withdrawn 2016 guidance. Section 100.500 is also the subject of a pending HUD proposal to remove it: a supplemental proposed rule published August 10, 2026 (Docket FR-6540-P-02) reopened the comment period, which closes October 9, 2026. That is a proposal only, and it changes nothing today.

For a Connecticut landlord that means this. Connecticut has no statewide fair-chance housing statute forcing a set procedure on private landlords, and no federal document supplies one either, so a landlord may consider criminal history — but an individualized, documented and consistently applied assessment is what a landlord would put in evidence to carry the section 100.500 burden, while a blanket rule that automatically rejects any applicant with any record is the version that invites the claim. Treat the factors below as risk management, not as a federal procedure. Two Connecticut wrinkles narrow what a landlord may look at, and the first has its own on-point housing statute. General Statutes Section 46a-80c, “Discrimination on basis of erased criminal history record information: Housing” (Public Act 21-32, effective January 1, 2023), makes it a discriminatory practice on and after that date to refuse to rent, to discriminate in terms or conditions, to advertise a preference, or to misrepresent availability, on the basis of a person’s erased criminal history record information — whether the applicant’s own or that of an intended occupant or an associated person. The definition at Section 46a-80a(4) is broader than “convictions”: it covers records erased under Section 54-142a or 54-76o or any other operation of law, information relating to persons granted youthful offender status under Section 46b-146, and continuances of a criminal case more than thirteen months old. There is a narrow landlord exemption at Section 46a-80c(b) for the rental of a room or rooms in an owner-occupied unit and for a unit in a dwelling of not more than four units where the owner occupies one of the others. Second, records of certain cannabis-possession convictions that have been erased following legalization may not be the basis of a denial.

The Five Assessment Factors

  • Nature and severity of the offense. A decades-old shoplifting conviction differs materially from a recent violent crime or manufacturing charge.
  • Time since the conviction. More recent offenses carry more predictive weight; very old convictions may have little probative value.
  • Evidence of rehabilitation. Consistent employment, completed parole or probation, continuing education, or recovery documentation can rebut the presumption of risk.
  • Relevance to tenancy. The offense should bear on the specific risk — violent or property crimes bear more directly than a traffic or minor drug-possession offense might.
  • Consistent application. Apply the same analysis to every applicant with any criminal history; selectivity creates disparate-treatment exposure.

The blanket-ban problem

A policy of “we don’t rent to anyone with any conviction” is the hardest position of all to defend. Because criminal records disparately affect Black and Hispanic applicants, a blanket ban is the classic target of a Fair Housing Act disparate-impact claim under 24 CFR section 100.500, where the landlord would carry the burden of proving the policy is necessary to a substantial, legitimate, nondiscriminatory interest that no less discriminatory practice could serve — a difficult showing. A denial resting solely on an arrest that never led to a conviction is the weakest version of it, and Section 46a-80c separately bars using erased criminal history record information, defined broadly by Section 46a-80a(4). Work through the individualized factors and document the analysis instead. Our guide to criminal history in tenant screening walks the analysis in detail.

Takeaway

Criminal history may be considered, but a blanket ban is the classic target of a Fair Housing Act disparate-impact claim under 24 CFR section 100.500, and a documented, consistently applied individualized assessment is the record that answers one. Connecticut has no statewide fair-chance housing law for private landlords, but Section 46a-80c bars using erased criminal history record information — defined by Section 46a-80a(4) to include youthful-offender records and continuances over thirteen months old, and including certain erased cannabis-possession convictions — subject to the owner-occupied carve-out at Section 46a-80c(b).

Applicant Rights Under the Fair Credit Reporting Act

Connecticut applicants have strong federal rights under the Fair Credit Reporting Act, supplemented by the state-level right under General Statutes Section 47a-4d to a copy of any screening report and the receipt when a fee is charged. Understanding these rights matters for applicants who want to contest an inaccurate report and for landlords who want to avoid liability.

The Core Rights

  • Right to know a report will be pulled. In practice the landlord discloses that a consumer report will be obtained and takes the applicant’s written authorization before pulling it, because the screening agency’s user agreement requires it; the applicant may decline and withdraw. The stand-alone written-disclosure formality in section 604(b)(2) is an employment rule, so this one rests on permissible purpose and the agency’s user agreement rather than on a housing statute.
  • Right to the report and receipt. Under Section 47a-4d(d), when a Connecticut landlord charges a screening fee, the applicant is owed the receipt and either a copy of the report or the information needed to request a copy from the service provider, regardless of the outcome.
  • Right to an adverse action notice. If the report causes any adverse action — rejection, a higher deposit, or added requirements — the applicant is owed a notice identifying the consumer reporting agency and explaining dispute rights.
  • Right to a free copy from the agency. When an adverse action is taken, the applicant may obtain a free copy of the report from the agency, generally within sixty days.
  • Right to dispute inaccuracies. The applicant may dispute inaccurate information with the agency, which must investigate, generally within thirty days, and correct or remove anything it cannot substantiate.
  • Right to sue for violations. The Fair Credit Reporting Act authorizes private lawsuits for willful or negligent violations, with actual damages or, for a willful violation, statutory damages of one hundred to one thousand dollars instead, plus punitive damages and the costs and reasonable attorney fees of a successful action.

Takeaway

Every Connecticut applicant has the right to consent disclosure, a copy of the report and receipt, an adverse action notice, a free copy from the agency, a dispute investigation, and a private lawsuit for violations. These federal rights, plus Connecticut’s Section 47a-4d duty, are the backstop against an inaccurate or improperly used screening report.

The Connecticut Screening Workflow

A disciplined, day-by-day workflow is what turns the legal requirements into a repeatable process that consistently produces defensible decisions. The exact timing can flex, but the sequence — disclose, consent, report, decide, notice — should not. A fuller walkthrough of each stage lives in our how to screen a tenant step-by-step guide.

DayStageWhat happens
Day zeroApplicationStandardized application with no separate application fee, written criteria given up front, and the capped screening fee disclosed.