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Are Felons Allowed in Assisted Living Facilities?
Date Updated: July 26, 2024
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Karina is a seasoned content writer with a robust foundation in English and Political Science. With extensive experience in senior living projects, she specializes in assisted living and memory care topics. Her well-researched articles aim to empower older adults throughout the United States by providing informative and supportive resources.
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Dr. Brindusa Vanta is a health care professional, researcher, and an experienced medical writer (2000+ articles published online and several medical ebooks). She received her MD degree from “Iuliu Hatieganu” University of Medicine, Romania, and her HD diploma from OCHM – Toronto, Canada.
Yes, felons are allowed in assisted living facilities. However, whether a facility admits someone with a felony conviction depends on its individual policies.
What regulations do assisted living homes have for felons?
There are no strict rules preventing assisted living facilities from admitting residents with criminal records. Rather, facilities are free to decide who they admit on a case-by-case basis. To gather relevant information, many homes ask about criminal history on applications and conduct background checks. It’s common for assisted living communities to reject felons out of concern for the safety of other residents, especially if they have a record of violent crimes.
What rights do felons seeking long-term care have?
The Fair Housing Act (FHA) may protect some older adults who have been in trouble with the law and seek long-term care. Generally, the FHA prohibits senior care homes from discriminating against residents based on protected characteristics such as race, religion, disability and sexual orientation. While a criminal record isn’t a protected characteristic, people with a criminal history still have certain rights.
For starters, housing providers — including assisted living communities — shouldn’t reject applicants who were arrested but not convicted. Additionally, the FHA prohibits blanket bans, which means communities can’t reject everyone with a criminal record. Rather, they should consider factors such as the type of crime, the length of time that has passed and the applicant’s behavior since the crime.
If you or a loved one is having trouble finding long-term care, and you believe facilities have violated the FHA, consider seeking legal assistance.