Felons, Do You Rent To Them?

Question

Just read a thread where a landlord said that his instruction to his tenant screening company was to automatically disqualify anyone with a felony.

HUD has this guideline in public housing. In some cases it was warranted, in others it wasn't.

I believe there are about 15 million felons. The US has more per capita than any other nation according to a news comment, hard to believe that we have more incarcerations than China.

I have rented to felons, but with additional considerations to circumstances.

Most were women, a few men but most of the men encountered simply had different circumstances.

I'd think the war on drugs has not only failed but has ruined innocent lives as well. I'm not pro-drug, I don't condone illegal drug usage but I do recognize the abuse as an illness. Possession of drugs in certain amounts carries varied levels of illegal actions. I'm not sure that mandatory sentences is the right approach nor appropriate in all cases.

The felons I leased to were usually for drug offenses, possession topped the list. Dealing drugs has different levels, having a certain amount may put one in that category even if they weren't selling.

Besides drug activities, there were people who got tagged for activities by association. A girl waiting in a car for her boyfriend where the boyfriend decided to rob a store, movie type stuff, where she claimed she had no idea he was going to do that.

A wife who was given money just to drop off at the bank for a deposit by her husband not knowing funds were tainted by his fraudulent dealings with someone she didn't know.

Here is what I considered: Age at the time of the incident and the time passed. Type of activity, violent activities were not accepted. Time served told me in some cases how severe the incident was viewed, if they were mandatory minimums that says something. Past record since the incident, a clean record, no further legal troubles or arrests. Other factors weighed more heavily as well, credit, job history, income and personal references.

I admit, one consideration with guys was if I thought I could command any situation with that person, I'm not a little guy, how they carried themselves, attitude, communication skills were thoughts. Sometimes, with anyone, you may have to get things done on your own toughness, that's what a judge told me long ago. I'm not talking about having to get physical as much as commanding the situation, laying down the law and enforcing it. With some men, it can come down to who can intimidate who, rather primal isn't it.

Of those selected I can say that I never had any issues with them more over any non-felon, I can't tag a late payment for example to their past history or some incident ten years ago. I never had any eviction problems with this group or intentional damages either.

Anyway, it's a judgment call I'd say, not an automatic no, it's a "depends" situation with me. I don't believe that some 9 year old must suffer for sins of the father and live in some dump because someone got in trouble at 21 ten years ago.

So, do you consider this group, can you look at such issues fairly and take individual situations into account or d you just not go there? If you do, what do you consider?

I'd like to hear what @Jerry W. has to say, since he is charged to put bad guys away, a tough position to be in and thanks to those like him that keep the public safer. He's a landlord too! :)

Andrea M. · Answer

For me it depends on the crime committed and the time that has passed. As a woman owner who manages my own properties, I will never rent to anyone who has committed a crime against a women or children for my own safety.

Mike H. · Answer

Here's why you should never rent to felons. Even if you have a different weighting system on what type of people commit certain types of offenses, the job market does not. And losing a job is the number one factor in tenants being evicted. For a felon, finding a job becomes very difficult. The job market is tough enough as it is. But for anyone in charge of hiring, seeing a felony on the record is an easy way to cull the list. So, while I'm not saying that people with felonies are all terrible people and am willing to give people second chances. I definitely wouldn't rent to anyone with a felony conviction - ever. I'm shocked how at ease some of the posts seemed to be with felony drug possession. I just don't see how a renter doing drugs is going to be anything but bad for your rental...... Either they'll pay the drugs before the rent or they'll bring in shady characters doing who knows what. But even if they've become model citizens. The fact remains that an employer is going to have a really tough time hiring a felon over someone that does not have a felony charge on their record. And that, to me, is the most obvious reason why any felony record at all is an automatic no. Doesn't matter to me how many convicted felons there are in this country. Let somebody else serve that market. I'm running a business that wants to make money. And I don't think you're going to come out on top if you include anybody with a felony or an eviction - no matter how long ago it was or how insignificant it may seem to you. Just my 2 cents anyway.

Jerry W. · Answer

WOW @Bill Gulley , tough to answer this one. I have put lots of guys in prison, kept a few guys out of prison, and seen them at all stages in between. I do not disqualify someone from renting just because they have a felony. A lot of factors come into play. First MJ is very different from meth. Mj users tend to be lower energy and have lower paying jobs, generally they do not inspire fear in most folks. Many are perfect for your lower end rentals, even if they are currently using. Meth use scares me. Many of those folks will steal from or hurt almost anyone when they are deep in the addiction. I will not rent to anyone with a meth conviction earlier than 10 years ago, misdemeanor or felony. MJ users need a good job history and possibly a little more security deposit. Violent offenders I usually look up the actual crime and take the length of time since the crime happened. A third domestic violence is a felony in nearly every state. those can range from touching in a rude manner to beating their significant other to a bloody pulp. Nearly all of the domestic assaults involve drugs or booze. I DO NOT rent to those who do violent crimes while sober. It takes a special kind of person to intentionally hurt someone while sober. Sex offenders come in many varieties. The 18 year old with the 14 year old girlfriend who marries her and no criminal charges for 20 years does not worry me. Violent rapists I do not rent to, and people who use little children for their own sexual gratification deserve a special place in hell and I wouldn't spit on them if they were on fire. One big thing for me is age of the crime, even if it is misdemeanors a regular pattern of criminal offenses means you will have problems. Nearly all of them are tied to some form of substance abuse. That means poor job history and they use too much money getting high or drunk so less money for rent. In my experience the more recent the crime, the higher the risk. It is more difficult to form opinions on things like what their car looks, if they look you in the eye, and their general demeanor, as they have had classes in the Pen. on how to behave, or have cultivated certain habits or manners to further their criminal activities. Almost everyone deserves a second chance, but I believe they need to earn that chance, not just expect it as a matter of course. Work history makes a huge difference. If it comes to a tie, the criminal history person looses. I am in a better position than most to get the real story on what happened. It is perfectly fine to call the place where crime happened and get the actual police report, though usually it takes a written request. If they lie to me and I find out, I don't rent to them. If they are honest about what they did it helps a lot. those who accept they did a bad thing often have learned from the mistake, if they think their actions were justified they have not learned from it. If you get a bad feeling listen to it, fair or not, you need to sleep at night. just my 2 cents.

Account Closed · Answer

First, last, security deposit. employment/ cosigner with employment that can be garnished. Easy

Patrick L. · Answer

In most states "practicing real estate without a license" is a felony. I have seen a number of people on where who listened to a guru pitch about wholesaling fall into that category while trying to make a buck. Would you guys exclude them from renting for you forever if the happened to get nailed?

Bill Gulley · Answer

And I'd suggest you stick to that! Violent crimes, assault and sex crimes are certainly a serious matter. There was a case where a woman fired a gun at her abusive husband as a warning that wasn't even close but in his general direction. Because the hole wasn't in the ceiling she got nailed for attempted murder. I'm not sure I buy that. So assault or similar matters could be weighed. Sex crimes are a different matter, it's a life sentence to me, when against a child, well, the violator is to be "to have a yoke placed around their neck and thrown into the sea" so IMO, they shouldn't be out. So, obviously they won't be leasing, or doing anything with me. Common sense should prevail. :)

James Wise · Answer

I have rented to those in the past with drug possession charges with no additional problems. Folks I don't want to rent to: Armed robbery Assault (did make an exception once for someone who got into a fight at a party when he was 18) Theft Fraud Sex crimes

Rick S. · Answer

Here is a link for a good summary on the new guidelines @John Thedford mentioned as all managers and landlords should be aware of this:http://rentalhousingjournal.com/articles/2016/04/1...

John Thedford · Answer

There are new guidelines that prohibit disqualifying people with a blanket denial due to criminal history. I talked to an attorney about 3 weeks ago that has already received calls alleging discrimination due to their criminal history. I highly suggest getting qualified legal guidance to avoid problems. People are sue happy.

Steve Cook · Answer

Felony convictions are NOT a protected class. That means you can refuse to even accept an application from a convicted felon (non expunged). You see I have contact HUD and challenged them on my policy. Before anyone even meets with me to see the apartment or house for rent I screen people with a mini application (verbal or written) and on the mini application I mention verifiable income and debt to income is the most 2 important items. However I won't even consider anyone with a Felons on your record (if it hasn't been expunged)Have a gross misdemeanor on your record (if not expunged)Have a misdemeanor on your record (if not expunged). Non expunged criminal convictions are not a protected class, and if I screen those people out of the application process BEFORE they even meet me, then there is NO basis for any complaints that I am illegally discriminating against them.