Earlier this week, the U.S. Department of Housing and Urban Development (“HUD”) determined that residential rental discrimination based upon a criminal conviction is illegal under the Fair Housing Act. A blanket policy of not renting to, or renewing the tenancy of, a felon is now illegal. The Fair Housing Act does not actually contain this provision, which means it is only a matter of time before this issue is litigated. Stay tuned for further updates on this issue.