Do you pay attention to arrests that were dismissed in court?

Question

I have narrowed down my applicants and would like to accept a couple who both have good jobs. I just ran the background check and it came up that the husband has a child endangerment charge that was dismissed and a domestic violence assault that was also dismissed.

Is it fair to deny someone based on these arrests even though they were found not guilty?

I don’t know many people who were wantonly charged for something they didn’t do.

Would you feel comfortable renting to someone with this on their background check?

Kyle J. · Answer

@Lindsey Vargas  Be careful about using just arrest records, especially when they did not result in convictions.

Here's some excerpts from HUD/Fair Housing guidance that came out a few years ago:

"A housing provider with a policy or practice of excluding individuals because of one or more prior arrests (without any conviction) cannot satisfy its burden of showing that such policy or practice is necessary to achieve a substantial, legitimate, nondiscriminatory interest."

Additionally:

"In most instances, a record of conviction (as opposed to an arrest) will serve as sufficient evidence to prove that an individual engaged in criminal conduct."

Source: Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions

Here's some more reading and commentary on this guidance if you're interested:

Fair Housing Update - Illegal use of Criminal Records for Tenant Screening

Using criminal records to screen rental applicants

Anna Sagatelova · Answer

Your personal and necessarily limited experience of "not knowing many people who were charged for something they didn't do" is not a good test to apply to qualifying someone for housing.

Please do be aware of Fair Housing and discriminatory practices - if you choose to be a landlord, big or small, it is your burden and your duty to learn where you may be unintentionally biased and end up engaging in discriminatory practices.

Monique Burns · Answer

Hi,

You don't know the whole story and may never know it.  But in cases like this when everything else is so good and especially if it was dismissed, I definitely ask them to tell me the story.  The way in which they handle the question is part of my screening process.  One time I had a girlfriend blubber on about her boyfriend never having done "it" but he still went to jail.  The attorney even had proof that he didn't do it.  I asked her to provide me that proof then.  What did they give to the attorney?  She never gave me any proof of anything.  She also didn't seem very convincing in the way she answered.  They had really good income though and I was hoping there was some story.  My properties are in a low-income area so jail time isn't unheard of.

The charges you said could have come from a scorned woman/man.  I used to be a court reporter for an attorney who supported fathers whose wives accused them of all kinds of false horrors to get more money or child time.

I would also put stock in the current landlord's reference.  Be sure you make sure he's the real landlord.  Hopefully it's not an apartment building.  They just email a ledger.  But even that will show the applicant's rental history.  I ask anyway to the people who answer the phone who aren't "allowed" to say anything.  I just tell them my concern and see if I can get them to spill it.

Partway through your landlord questions, you can ask how he/she got interested in investing.  "Did you go on Bigger Pockets?  Did you use the forums?  Do you have any advice for me?  I'm a newbie at this.  What's your best screening tip?"  If he's a fake, he will struggle with those questions.  I invite them to REIA meetings too.

We're supposed to be innocent until proven guilty.  Hopefully this person is truly not guilty.  Good luck!!!

I made a video on a part of my screening process Tenant Screening

Lindsey Vargas · Answer

Thank you everyone! Noted to be careful with what language I use and not to apply any personal bias. I ended up asking the applicant what happened and am giving them the benefit of the doubt. They make 6x the rent, have nothing negative on their credit with no monthly payments, good landlord references, and are ultimately the most qualified.

Sam Shueh · Answer

Most likely not. Focus on debt collection, arrest or violence nature.

Taylor L. · Answer

Very well put. Also be aware that states have their own fair housing regulations as well, which can be more strict than Federal regulations.

Michael Garofalo · Answer

I would 100% absolutely NOT rent to these people, unless they can prove that the charges were falsely brought about (i.e. true slander).

The fact that the crimes relate to aggressive and violent behavior is what's most concerning. If they had a DUI or something non-violent that was dismissed, that would be a totally different story. Unless you are in a highly undesirable area, you should have plenty of options for people looking to rent. I would not settle and keep looking for someone who checks all the boxes.

Do you pay attention to arrests that were dismissed in court?

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