Here in Seattle, we've had a ban on criminal screening for a while now. I haven't had any issues as a result, nor have I seen any (but that just means they're not well-publicized).
When and how can a landlord use a criminal background check?
Unless there is an exclusion, neither landlords nor any person may run criminal background checks. Examples of “any person” include, but are not limited to: property managers, owners,
screening companies, etc. Landlords or any person can adopt screening policies that are more generous to prospective occupants and tenants than the law allows. For instance, a property management company may have a policy of not reviewing sex offender registries. Review of registry information for an individual listed on a sex offender registry is allowed. The
practice must be written on the application to meet the requirements of Fair Chance Housing.
Before a landlord or any person rejects an applicant or takes an adverse action against a prospective occupant or tenant based on registry information, there must be a legitimate business reason for doing so.
Crystal Theis yes I agree
Most of the time ppl will come in ask about leasing info I give it to them and always offer a tour (even if it’s not ready I still let them see the community. Usually if they have bad stuff on them they pretty much feel guilty and spill the beans
Or they just don’t come back
But yes I feel it’s silly too
This is called disperate impact and HUD is pushing the idea nation wide. While not a law where I live, my company takes the matter seriously and we speak accordingly when someone asks about criminal background checks. All are encouraged to tour and apply. If denied for criminal, they may appeal and we have our attorney give a recommendation.
I find it interesting that the County President is quoted saying: “If the ordinance is properly implemented, no landlord, neighbor or fellow resident will be unnecessarily exposed to any risk or harm.”
As multifamily property managers, we certainly can’t guarantee safety and security (even when we’re denying applicants based on criminal background), so how can she?
It’s about time. Finding decent housing is a major issue when someone gets released. They can serve all their time and be rehabilitated in the eyes of the law, but society thinks that once a criminal, always a criminal. Sometimes that’s just not true. I think the spirit of the ordinance is very good, and a case-by-case basis is a great start. If they have a job and can pay their rent, their money is just as green as anyone else’s.
Yes, and I have. I still do actually. Some of the nicest and hardest working people I’ve met are felons. With the disproportionate population in prison in our country vs the rest of the world, chances are we all live next to felons within a 4 homes radius.
A little insight on “felons” my dad is considered a felon. He did some things in his 20’s. No one was hurt but he’s a completely different family man in his 60’s. He wouldn’t be able to rent and you would be afraid to live next to him? One of my younger brothers was college aged and he and his friend had too much to drink and went into the house of someone who didn’t want them there. They stole nothing and were not there with the intent to steal anything yet the simple act of going in had him charged with burglary. He was in a very strict county and actually did jail time with no prior and nothing since then. He is considered a felon. You’d be afraid to live next to him? I 1,000,000% believe in this change! It is about time.
Unfortunately, right or wrong, case-by-case basis opens a very large exposure to fair housing liability. When you consider the personal consequences - beyond the corporate consequences - of a fair housing violation, even when committed unintended, the possible negative impact of this ruling is very concerning.
There are many felons that are non-violent and/or committed their felonies a long time ago and cannot find housing. I think there are circumstances where you should absolutely deny them, but to deny someone because they have a felony DWI or even a felony from 20+ years ago is ridiculous.
I once had to ask a convicted murderer to move out because he was “mistakenly” allowed to move in and we were selling the community. They didn’t want his lease to be an issue. He was 45, did it when he was 18 and stupid. Spent his time in prison, had a child, a great job and not so much as a parking ticket since he got out. He was a great resident. I felt horrible.
Repeat offenders and sexual predators should be an auto denial though.
5 years 7 months ago#27833by Kathy A Thompson-Porter
In California: Yes. If it is a law affecting property rights, it probably started here. (And so far, I haven't seen a negative issue arise due to renting to someone with a felony.)
Showing is weird because how do you know? However, in Missouri all criminal things that show up have to be “discussed” before a decline...it’s a gray area
Everyone should be invited to view an apartment and fill out an application regardless of what they tell you about their criminal past.
I show, invite them to fill out the app, go through our screening criteria and have them sign, collect my app fee and do my thing. In Madison, we do not look at arrest records, just convictions. There are certain crimes that you cannot hold against a person at all, then there are others that you have to place a reasonable timeframe on. Criminal records is an area where discrimination can come into play bigtime. You need to have a clear cut select criteria and if possible, a second reviewer or preloaded software screening with your criteria built into take the bias out.