Can a private landlord refuse to rent to me because my criminal record would increase their homeowner’s insurance rates?

Maybe. Insurance companies, including those that protect homeowners, generally have broad discretion in setting their rates and premiums.[1214] At the same time, under the Federal Housing Act, homeowner’s insurance companies cannot price their policies in a way that discriminates on the basis of race, gender, or other protected characteristics (see list on PG. 357).[1215] Although having a criminal record is not specifically listed as one of these characteristics, one can make a credible argument that the same logic should apply.

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  1. 1214

    Calfarm Ins. Co. v. Deukmejian (1989) 48 Cal.3d 805, 824. ↑

  2. 1215

    Ojo v. Farmers Group, Inc. (2010) 600 F.3d 1205, 1208, holding that the FHA prohibits racial discrimination in both the denial and pricing of homeowner’s insurance; see also 24 C.F.R. § 100.70; 42 U.S.C. § 12201(c)(1), prohibiting an insurer from administering a plan or classifying risks in a manner that is inconsistent with State law. ↑