An applicant asks if I discriminate against "ex ex felons"

[Deisy P.]

An applicant contacted me on marketplace and asked me "So use discrimate against ex ex felons". They asked to come see the place and I said, as long as you meet the requirements we can move forward. They then proceeded to ask me that. The initial requirements are a favorable credit score, income 3 x the rent, and the last two check stubs. I replied that the application would be reviewed fairly and accordingly. It did catch me off guard. I had never been asked that before.

[Joe Splitrock]

@Deisy P.

My answer would be, "No I don't discriminate against felons, but we do use criminal history in our screening process."

I would get details on the offense(s). Be prepared for a lengthy explanation that downplays the crime. "It was murder, but..." You are not the judge and jury, so accept the crime at face value. You may be able to save him from applying if it is just going to be a rejection. In most states it is perfectly legal to discriminate against felons, just like you can discriminate against someone with bad credit. Automatically when you use the word discriminate, it makes it sound wrong. Keep in mind there is a difference when you are discriminating against people because of choices they made, versus things out of their control (race, sex, etc.)

That being said, some people get overcharged, falsely accused and some simply make mistakes. I think it is wrong to define someone forever based on a single action. As a landlord it is not about punishing them for their past, but avoiding risk for yourself by placing a tenant who could cause trouble. If the tenant lands back in jail or loses their job, they can't pay rent. If they are a drug dealer or committing crimes on the property, it could risk the safety of other tenants or security of the property. 

Use these criteria to evaluate:

1. Look at the crime and severity. Non violent different than violent crimes or sex crimes.

2. Look at when it happened. Getting out of jail last week is different than 20 years ago.

3. Look at the pattern. Is it a one time thing or does the person keep committing crimes.

The fact that he has a decent job and credit score does show a good level of responsibility. I would put a little effort into vetting him. Some landlords have a hard line on "no felons" or "no violent felons or convicted sex offenders". Whatever policy you choose is your choice. Just be upfront with applicants. If you are going to deny them, do it fast so they can move on and find someone who will rent to them.