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Updated over 6 years ago on . Most recent reply

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Derek Markowicz
  • Tinley Park, IL
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Felony on background check.

Derek Markowicz
  • Tinley Park, IL
Posted
Simple question I already know the answer but looking for a little bit of support and wording how to approach this situation. Preliminary questions to prospective tenants I asked if they had any felonies, which they answered no. I showed them the property and they seemed like a really nice couple. They paid for their application fee and credit/background check and it came back with felonies. Am I allowed to deny due to a violent felony, and how do I express to them that they are denied. Thanks I know it's such a newbie problem.

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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
41,288
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied

I disagree with @Ray Harrell. I "pre-screen" tenants all the time by asking them about their income, Landlord references, criminal history, etc. It's not illegal or immoral. If anything, it's helping them avoid spending the application fee or wasting their time.

Your screening software should provide an "Adverse Action" letter which is a generic rejection letter you can share with the applicant.

One thing to remember: don't just deny someone without knowing the reason for denying them. You'll hear a lot of Landlords and Property Managers say they reject felons but not all felons are equal. A violent felon or child molester should not be in the same boat as an accountant that embezzled money because the first two present a risk to neighbors while the latter does not. A felony conviction from 2003 should not be treated the same as a felony from 2016...unless the former involves a higher-risk crime.

You should be in the business of identifying risk and then mitigating it. Blanket denials are not in keeping with Fair Housing or with common decency and fairness.

  • Nathan Gesner
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