Episode 83: Fair Housing and Criminal Background Checks

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As landlords, it’s essential to balance protecting your property and tenants with complying with anti-discrimination laws. This episode explores the intricacies of how the Fair Housing Act intersects with tenant screening practices, focusing on HUD’s 2016 guidance regarding criminal records.

We explain why a blanket “no criminal history” policy can lead to unintended discrimination, particularly under the concept of disparate impact. You will learn the importance of conducting individualized assessments that take into account the nature and severity of the crime, how long ago it occurred, and any evidence of rehabilitation. We also break down state-specific laws, such as “ban the box” ordinances that restrict when and how landlords can inquire about criminal records.

Of course, we are providing practical advice on documenting decisions, staying compliant with evolving state and local laws, and common pitfalls to avoid, like relying on arrest records or treating applicants inconsistently.

If you’re a landlord navigating tenant screening, this episode will equip you with the knowledge to create a fair, legally compliant, and effective criminal background check policy. You’ll want to tune in for actionable insights and avoid legal risks while protecting your investment.

LINKS

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👉 Episode 6: Creating Standard Operating Procedures for Your Business

👉 Episode 49: Analyzing Credit Reports for Tenant Selection

👉 Fair Housing Information: US Dept. of Housing and Urban Development. This is your primary source for federal fair housing laws and regulations, including HUD’s 2016 guidance on the use of criminal background checks.

👉 The Fair Housing Act: This page from the Department of Justice outlines the full text of the Fair Housing Act and includes information on the enforcement of fair housing laws.

👉 Learn more about your local landlord-tenant laws: Look up “YOUR STATE/COUNTY”+ Local Housing Authority.

👉Get certified in Fair Housing Laws: The Fair Housing Institute. Use code YLR2024 for 15% Off any course purchase.

👉 Equal Rights Center: For $50 you can take a course called Best Practices for Ensuring that Criminal Records Screening Policies & Practices Comply with Fair Housing Requirements

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