Potential tenant meets all minimum requirements but has a felony

[Ryan Judah]

Hey BP members!

We are turning over our first unit and just listed it a week ago. Within two days we had an eager potential tenant that is currently living w/parents while looking to lease ASAP. They've been in the living situation with family for 5 years and had an 8 month stint away where the male and female adults lived in a sober living house after she was convicted for drug possession. She was convicted of a felony back in 2013 and has been clean for 5 years.

Our minimum requirements do not state "no felonies" on your record. We've spoken to his employer and his mother (where they live now) for employment verification and character references. Everything checks out - clean, responsible, hard working, family oriented...

What are your thoughts on accepting their application?

[Nathan Gesner]

@Ryan Judah when you have a screening policy, there should be justification for it. Why do you have a policy of rejecting anyone with a felony conviction? Because other Landlords do it? Did you read it on BP? Or did you actually think through the process, determine the risk, and develop a policy that makes sense?

The purpose of screening out a felon is that they may be a danger to you, the neighbors, or your property. However, there are many felons that serve their time and then become productive citizens. You also have to consider the nature of the felony. Was it for murder, rape, repeat drunk driving, tax evasion? How long has it been since they served their sentence? 6 months or 10 years? Does their recent record show they've been clean, working, and obeying the law?

HUD came out with guidance in 2015 that said we should not have a blanket policy of rejecting anyone with a criminal record and this is exactly why. Too many Landlords say they won't rent to felons or criminals but there's no justification for it.

If it was a drug issue but they've been out and clean for five years, I would say that's pretty low risk. I'm more concerned about the fact she's living with her parents still.