Formerly Incarcerated People Are 10x More Likely to Be Homeless, with 79% Denied Housing Due to Criminal Records

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Of the roughly 600,000 people released from U.S. prisons annually, 79% report being denied housing due to their criminal record, and formerly incarcerated people are 10 to 13 times more likely to experience homelessness than the general population — while the National Inventory of Collateral Consequences of Conviction identifies over 1,300 housing-related restrictions across federal and state law. Why it matters: more than 10% of formerly incarcerated people experience homelessness within months of release, so unstable housing makes it nearly impossible to maintain employment (the unemployment rate for people with criminal records hovers around 30%), so without income or housing, people cannot meet parole or probation conditions such as maintaining a stable address, so technical violations of supervision conditions drive re-incarceration even without new criminal behavior, so the 44,000 collateral consequences embedded in U.S. law create a permanent underclass of 70-100 million Americans with some type of criminal record who face diminished access to housing, employment, education, and civic participation. The structural root cause is that the 1988 Thurmond Amendment stripped people with drug distribution convictions of federal Fair Housing Act protections, public housing authorities routinely impose blanket bans on applicants with criminal records, and private landlords use background check services to screen out anyone with an arrest — not just a conviction — creating a housing market that structurally excludes the formerly incarcerated.

Evidence

79% of formerly incarcerated people and their families reported being denied housing due to criminal records (Center for American Progress). Formerly incarcerated people are 10-13x more likely to experience homelessness (Prison Policy Initiative). Over 1,300 housing-related collateral consequences exist across U.S. law; nearly 44,000 total collateral consequences affect all aspects of life (National Inventory of Collateral Consequences of Conviction, April 2023). 70-100 million Americans have some type of criminal record (Brennan Center for Justice). 18 of 22 formerly incarcerated people surveyed reported declining housing situations post-release, with only 9% reporting stable housing. The 1988 Thurmond Amendment removed Fair Housing Act protections for people with drug distribution convictions.

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