Screening for criminal history

[James Mc Ree]

I am considering screening rental applicants for criminal history. From what I've read, it seems this is rather difficult based on how it could be perceived as racial discrimination. The PA Realtors Association refers to HUD's Office of the General Counsel here to explain how that happens. Is there a way to do this that doesn't leave me legally exposed?

My goal is to avoid violence against myself, the property being tagged as the home of a sexual predator impacting property values and to avoid the house becoming a drug sale location. I also want to avoid loss of rent because my tenant is arrested and convicted. My thinking is that if I fashioned a question based on certain types of felonies, I might be able to navigate the discrimination minefields. What are the legal thoughts on this?

The two questions I am thinking of asking are:

1. Have you been convicted in the past 7 years of a violent, sexual, property damage or drug sale-related felony?

2. Are you currently wanted by any law enforcement agency?

My question mostly focuses on #1. I think I am safe with #2 (if yes, let's have your screening interview at the local police station).

I think the harder question is, "What do I do with the answer to #1?" Is there a way to screen against certain crimes that would not get me in trouble? This question seems to be the crux of the legal risk as it must be applied equally to everyone. Can I have a policy of "If yes, then no deal?" or do I need to dive deep into specific charges, sentences and how long ago it took place.

As I've been reading and thinking about this, I am leaning towards not screening with #1 and just wanted to ask the community before I dropped it. Thanks.