Chicago / Cook County tenant screening

[Brett Babcock]

Hello everyone-- I am noticing a trend emerging in background checks, and I would love to get your opinion. We have started pre-screening people before a showing using an app called "Forewarn". This app finds and combines publically available data on tenant history, but does not meet the standards of a FCRA background screening, which basically means we aren't allowed to deny someone based on it's findings. Our goal with this app is to get an idea of who we are showing, whether they might pass our screening if they apply, and if there is any danger to the agent showing the apartment.

So far, I have noticed trends of criminal charges in Chicago & Cook County for things like theft and domestic battery with the disposition of "Nolle Prosequi", which I think means that they were brought up on charges, but the prosecutor declined to prosecute the case. Because they weren't prosecuted, it wont show up on a regular background check. These things would be an automatic denial if they applied and it was on their screening report.

What would you do in this situation? If I cancel the showing, I would have to make excuses that the unit was out of order or something, but we have many vacancies showing on different sites. They would know something was up. Would you show it hoping that credit or something else would result in a denial? In Chicago, and perhaps Cook County as well, people with criminal backgrounds have rights when it comes to housing, and this could potentially get us into hot water.

Any suggestions would be greatly appreciated.

[John Warren]

@Brett Babcock first of all, definitely follow all applicable laws. This goes without saying. I typically have tenants fill out some basic pre screening questions before we do any showings. My pre screening questions focus on the areas we can legally ask questions about, and if someone answers one in a way that leads us to believe they won't qualify then we don't set them up for a showing. This solves 99% of issues people have with unqualified tenants. 

I don't think I have ever heard of anyone doing the level of screening you are doing before a potential tenant fills out an application. I feel like this only opens you up for all types of potential issues that could easily be avoided.