Author: Karina Thadani
Reviewed By: Brindusa Vanta

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.

While assisted living facilities can admit felons as residents, the same isn’t true for staff. Most states impose restrictions on felons interested in working in adult care homes, with applicants requiring extensive background checks. Some states may ban felons from working in senior care altogether, depending on the type of crime. For example, in New York, the Department of Health reviews a prospective health aide’s criminal record before determining if they’re eligible for employment. Authorities are unlikely to approve those for someone with a violent crime record. 

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.