On April 4, 2016, the U.S. Department of Housing and Urban Development (HUD) issued guidance on “how the Fair Housing Act applies to the use of criminal history by providers or operators of housing and real-estate related transactions.” The guidance, issued by HUD’s Office of General Counsel, concludes that while the Fair Housing Act does not prohibit housing providers from considering certain criminal history information when making housing decisions, “arbitrary and overbroad criminal history-related bans are likely to lack a legally sufficient justification” and are thus likely to violate the Fair Housing Act.