Must I rent to applicant with theft charge, held for court?

Question

I have an applicant who had a theft by deception charge 3 months ago.  The charge is held for court, meaning there hasn't been a trial yet, so there isn't a conviction at this time.

My understanding of my state's (Pennsylvania) and federal law says that I can't deny housing based purely on a criminal record, except I think for drug charges.  On the flip side, I understand that I have a legal (and moral) responsibility to provide a safe environment for health and property for other tenants, and that I could be held legally liable if I knowingly rent to someone with a theft conviction and that tenant steals from another tenant.

He hasn't been convicted (yet), but I'm not sure if that means I can, or can't, rent to them based on that.

The applicant passes my minimum credit score (which is low already at 550) and income requirement.  He's only been at his current job for 9 days, though that's not formally a requirement.

Would you rent to this applicant?  Or deny them?

David Lee Hall, III · Answer

@Lee E. - are you desperate? I mean you have a number of flags there and are dancing a fine line. At 9 days employment, any employee is going to be probationary. While I can say I have rented to people that are hired and haven't started yet, they have had clean backgrounds and been positions such as teachers or RNs where someone else also conducted a background check just in case I missed something (and the employers confirmed in writing that there were no contingencies on their hiring). Everything is personal judgement, and if you are questioning it, you might find another reason to disqualify the prospective tenant.

Renee Sied · Answer

@Lee E.your requirements are low

Account Closed · Answer

@Lee E. I am going to echo the above people. Raise your requirements to 600 at least, employment history of a longer time then employed. Find someone else that’s more qualified. I don’t even care about the court charge I care about the length of employment and the credit score that’s just over 550 and what has caused it.

Nathan Gesner · Answer

Up your standards.

What is the point of a background check? It's to determine the level of risk an applicant presents. Will they pay on time? Will they take care of the rental? Will the honor the lease? Do they have a stable life?

Low credit, a criminal charge, and only nine days on the job do not make for a good application.

Go online and look at property managers in your area. Many of them publish their screening criteria on their website so you can see what they require for employment, credit score, etc.

Karen F. · Answer

Of course you don't rent to this person.

Dennis M. · Answer

Where are you seeing this in pa law that forces you to rent to criminals ? Criminals are not a protected class . Have you read fair housing laws about discrimination ?

Lee E. · Answer

@Anthony Wick we state they have to "pass with a clean background check", but I'm seeing now that I need more specifics on that.  We do post our requirements - we tell them over the phone when we pre-screen, and we have it on our application.  I agree with your assessments, and will deny.

@Michael Ablan similar requirements - credit score at 550, monthly income 3x rent, "clean" background check, and positive references from landlords for past 5 years.  This particular applicant owned a home, so did not have prior landlord references.  I'm going to add a requirement for length of employment.

Thanks everyone for chiming in - I'm going to deny this applicant, up our requirements, and add a clause for length of employment.  Great thoughts.

Michael Ablan · Answer

@Lee E.  What other requirements do you have?

I require that they hold the same or similar job for at least 6 straight months.

I require that they provide me with 2 landlord references.  I must be able to talk to one of them

I require that they meet or exceed 3x the rent in monthly income

I require that they do NOT have any collections on their credit score (with an exemption for medical because our Healthcare system is crap)

You need to have a well thought out list of requirements so that you have reasons to disqualify people who aren't a good fit for your business.

Anthony Wick · Answer

@Lee E.

Of course you deny the applicant. Does your application ask about arrests and/or conviction? Do you post your criteria or have it in writing anywhere? What are you going to do if the applicant is convicted and goes to jail? I’d keep my unit empty before renting to them.

Dj Hume · Answer

@Lee E. Sounds risky.. If you're already concerned about someone before they are approved, most likely, they'll be a problem soon after.

I'd definitely raise your requirements and I require a tenant to be employed for at least 6 months, unless they are moving from out of town for a new job and can show long term employment at their last job.

Must I rent to applicant with theft charge, held for court?

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