Housing isn’t just a basic human need: it’s a key part of public safety, stability, and freedom.
But for people who have been impacted by the criminal justice system, finding a place to live is often one of the hardest and most overlooked challenges, also known as a Collateral Consequence.
Behind the scenes, one powerful group has more influence over this than many realize: realtors.
The real estate industry, from agents to property managers to developer-backed political action committees, plays a significant role in shaping not just where people live, but who gets to live there.
And far too often, their decisions and lobbying reinforce the same structural inequalities that drive mass incarceration.
Realtors and the Housing Discrimination Pipeline
Realtors are often the gatekeepers to both rental and homeownership opportunities. But when background checks are used indiscriminately, individuals with any criminal history, even those with old, nonviolent, or wrongful convictions, are automatically excluded.
This isn’t just unfair; according to the U.S. Department of Housing and Urban Development (HUD), it may be illegal.
In 2016, HUD issued guidance stating that blanket bans on people with criminal records may violate the Fair Housing Act due to their disproportionate racial impact. Still, many landlords and real estate companies continue to apply these filters without review.
Political Power and Policing Policy
Realtor and developer-backed political action committees (PACs) often fund candidates for local offices, including mayors, city council members, and even sheriffs and prosecutors.
Their campaign donations support “tough on crime” narratives that promise to “clean up” neighborhoods or increase police presence in “high-crime” areas, purposely keeping affordable housing initiatives out.
This often translates to significant over-policing in low-income communities, many of which are already burdened by systemic disinvestment, poor educational systems, and criminalization.
It’s no coincidence that the same neighborhoods targeted by law enforcement are often next in line for redevelopment and gentrification.
Gentrification, Displacement, and Reentry
The revolving door of incarceration and displacement is especially brutal for people trying to rebuild their lives. Once a person is released, they may be blocked from returning to public housing, face rejection from landlords using background checks, or be priced out due to rising rents in rapidly gentrifying neighborhoods.
Realtors often frame redevelopment as progress, but without equitable housing protections, it functions as a form of economic cleansing. People who are justice-impacted, particularly Black and Brown individuals, are pushed even farther to the margins, both literally and socially.
NIMBYism and Reentry Housing
The phrase “Not In My Backyard” (NIMBY) is often used to describe community opposition to housing developments like halfway houses or supportive housing.
Realtors, acting on behalf of buyers or neighborhood associations, are often the loudest voices against these initiatives.
This stigma reinforces the idea that people with criminal records are dangerous or undeserving; a message that directly contradicts what we know about reentry: access to stable housing is one of the strongest predictors of reduced recidivism.
What Needs to Change
Ending this housing injustice means confronting the role of realtors and developers in criminal justice outcomes.
Some solutions include:
- Enforcing HUD’s guidance to stop blanket bans based on criminal records.
- Passing Fair Chance Housing laws that ban discrimination based on arrest or conviction history.
- Increasing affordable housing options specifically for returning citizens.
- Creating stronger tenant protections in gentrifying neighborhoods.
- Holding realtor PACs accountable for the political consequences of their endorsements.
Wrapping Up
Realtors aren’t just selling homes; they’re shaping who has access to freedom, dignity, and safety.
As we fight to reform the criminal justice system, we must also take a hard look at the industries that benefit from exclusion and displacement. Housing is not just a justice issue, it’s a significant human rights problem.
And it’s time the real estate industry took responsibility for its role in this inexcusable crisis.
