Originally posted by John Thedford:
Anne Graviet denying on a basis of criminal history? Is that a state law? I have read some of the federal guidelines and not seen that. I cannot imagine being forced to rent to someone that ran a crack house or meth lab out of a house they rented. Crazy! BTW--"wrong" is not illegal and some may have a different view of wrong and right. All my tenants money is green ..as long as they are paying.
I was wrong, it's not "illegal" but you're flirting with big trouble if you do. When you start running criminal background checks on applicants and denying based on what you find, you're opening up potential Fair Housing violations.
For instance, if you deny for DUI but not for car theft. Or if you deny for 3 DUIs, but less than 3 is ok. Once you start denying for this crime or that crime, a tenant could say that you denied based on their color, for example. But you didn't deny for color - you denied for their record but the tenant feels that you're not being truthful and you're using that as a cover up for being racist and now you've got a Fair Housing case opened up on you.
It's best to deny for credit, income, and prior rental history and keep it to that only.
Don't get too worried about crackheads and meth labs - like I said before, those people do not have good credit and you deny for that reason. OP's fellow seems to be the exception with his good credit and jail history and that's incredibly rare. I've never seen it in my career yet but I suppose it's possible.