Criminal Background Screening against fair housing act? REALLY?

Question

I had a conversation with a PM (large local firm) yesterday and was told that they can no longer conduct criminal background checks on prospective tenants, because "fair housing and anti discrimination rules prohibit it"!  REALLY?  I find this very hard to believe - have we really come so far as to protect criminals as a class?  This is not a tiny PM company, but, by their own claims, one of the largest in the state (NC).

Has anyone else come across this issue?  Is it truly better to avoid "discrimination" and let an ax muderer or child molester move into your property?  What about my liability if I unknowingly rent to a felon and something bad happens to one of my other tenants?

Steve Vaughan · Answer

@Chris Holmes- it is a 'professional PM' that told this to the OP.  You can let the 'professionals' do the grunt work for you if you want.  If you were using these guys, they wouldn't be checking your applicants, either.

Andrew S. · Answer

Well, interestingly, I was told that as an individual landlord, I have more flexibility but as a PM company, they can't (or at least won't) do it.

Steve Babiak · Answer

Well, felons in many cases are disenfranchised from voting rights, and that isn't considered discrimination.

https://en.wikipedia.org/wiki/Felony_disenfranchis...

And criminals have not become a federally protected class; not sure whether any state it municipality has denoted criminals as a protected class. Not a protected class means they can be excluded without being discriminatory.

And what does HUD do in gov't housing? Read to see if they accept criminals:

http://www.hud.gov/offices/adm/hudclips/handbooks/...

Nick L. · Answer

@Andrew S.

Sounds like rubbish to me. This NC Fair Housing guide specifically mentions "Common screening criteria such as credit and criminal record check policies". And Fair Housing NC lists protected classes as "race, color, religion, national origin, sex, familial status, and disability".

I think the person you spoke to at the PM company misunderstood the law or miscommunicated it.

Robert M. · Answer

However, it appears it is coming.

see

http://www.washingtonpost.com/news/storyline/wp/2015/01/22/millions-of-ex-cons-still-cant-get-jobs-heres-how-the-white-house-could-help-fix-that/

Fred Heller · Answer

Unless there are state laws to the contrary, having a criminal background is not a protected class under federal Fair Housing Laws.

Ashley Guzman · Answer

I live in Texas and I know that felons, depending on the felony i.e crimes against a person or personal property, are always denied on an application. Some companies can exercise their own discretion and approve based on how long ago the felony occured, for instance if the possible tenant commited that crime at 18 and is now 42 and has had no other incidents, then they will overlook the felony; but some will autoatically deny if anything shows up. Felons and criminals are not a protected class. Sex, race and religious orientation those are protected. You should dig further into that and get another opinion.

Gilbert Dominguez · Answer

Well so far I cannot find anything to the affect that it is illegal to do a criminal background check in North Carolina. What I did find simply states you have to give a prospective tenant a notification in writing as to why you did not or would not pass them based on your background check and if you do not provide this written notification the prospective tenant has a right to sue you in court but the fine is not much $100.00 plus attorney fees. That is all I could find as of 7/15/2015

Chris Holmes · Answer

ha ha, should you be surprised when Govt meddling and interference takes hold. Perhaps you need to do further investigating in this nonsense.

My only other suggestion is to let a management co to do all the screening. I don't mess with renters anyway with my properties. I've got better things to do with my time. I let the experts do the grunt work.

Good luck.

Steve Vaughan · Answer

That's crazy, as you say .  My guess is that it may not be allowed to deny based on certain info found during the background check, but not to be able to conduct one?

Another reason to just do stuff yourself.  If someone wants to sue me for conducting my stated practices on my General Rental Qualifications sheet, let 'em.  Time to get a new PM if you're using one that is too scared to screen your tenants properly for you @Andrew S. I will continue to screen as needed to protect my residents!

Criminal Background Screening against fair housing act? REALLY?

Most Popular Reply