America needs more housing. Pressure for reform is only growing as available homes get less and less affordable. Unfortunately, rather than addressing the root cause of high housing prices—an epidemic of local overregulation that prevents enough homes from being built—some legislators continue to flirt with social experiments that can harm both landlords and renters.
For example, some states and localities have implemented well-meaning “fair chance” laws banning criminal history on background checks for prospective tenants. Progressive Reps. Ayanna Pressley (D–Mass.) and Rashida Tlaib (D–Mich.) recently introduced the idea as federal legislation. In a statement, Pressley said, “It’s time we remove the systemic obstacles that have exacerbated the prison-to-homelessness pipeline.”
We do indeed have an overcriminalization and overincarceration problem in this country, so on its face, this seems like a good idea. According to the Department of Justice, more than 650,0000 ex-offenders are released from prison every year, not counting the nearly 6.9 million people on probation, on parole, or still in jail or prison at any one time. Far too many face undeserved challenges when trying to re-acclimate into society and not reoffend.
That’s partly because relatively few landlords want to rent to people with criminal records. Landlords minimize the risk of delinquent or destructive tenants by selecting the best applicants on a given margin. From this perspective, avoiding people with criminal records seems like an easy choice, even though it means some potentially great tenants are rejected. The best reforms would correct the real problems of overcriminalization and overincarceration. That’s politically difficult and may take a long time. Equally important would be removing all artificial barriers to building more homes.
Hellbound and Down 