When it comes to tenant screening, understanding what criminal checks are permissible is crucial for landlords and property managers. Conducting thorough background checks ensures that your rental property is safe and secure. But what criminal checks can you legally perform, and how do they fit into your tenant screening process?
Understanding Criminal Background Checks
Criminal background checks provide insights into an individual’s criminal history, potentially uncovering past offenses that may affect their suitability as a tenant. These checks typically involve searching databases for criminal records, which can include felonies, misdemeanors, and sex offenses.
Types of Criminal Checks
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Local Criminal Checks: These checks look at the individual’s criminal history within a specific jurisdiction, often involving searches of local court records.
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Statewide Criminal Checks: These provide a broader overview, encompassing criminal records from courts across the entire state.
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National Criminal Checks: These checks compile criminal data across all states and can be helpful for finding offenses that may not appear in local or state checks.
Benefits of Conducting Criminal Checks
- Enhanced Safety: Identifying potential risks allows landlords to maintain a secure environment for current tenants.
- Responsible Renting: Screening applicants helps ensure that individuals with serious criminal records are less likely to be granted tenancy.
- Legal Compliance: Properly executed background checks can protect landlords from potential legal issues related to tenant safety.
Legal Parameters for Criminal Checks
Landlords must navigate various laws when conducting criminal background checks during tenant screening. The Fair Housing Act (FHA) plays a significant role in ensuring that tenant screening processes are non-discriminatory.
Permissible Criminal Background Checks
Landlords generally are permitted to check for:
- Felonies: Most jurisdictions allow landlords to evaluate felony convictions, particularly those relating to violence, drugs, or sexual offenses.
- Misdemeanors: Some misdemeanors, especially those that pose a threat to property or people, may also be included in the screening process.
- Sex Offender Registries: Checking if prospective tenants are on sex offender registries is commonly permissible and provides crucial safety information.
Restrictions on Criminal Checks
It’s important to note that certain limitations apply:
- Time Limits: Some states restrict how far back landlords can look into an applicant’s criminal history. For example, a state may limit checks to records within the last 7 years for employment and housing purposes.
- Expunged Records: If an individual has had their criminal record expunged, landlords cannot consider that history during the screening process.
- Discrimination Protections: Screening must comply with Fair Housing laws. For instance, using criminal history as the sole reason for denial can result in allegations of discrimination.
Best Practices for Tenant Screening
To optimize your tenant screening process, consider the following best practices:
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Get Consent: Always obtain written consent from applicants before performing a criminal background check.
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Use Reliable Services: Partner with reputable background check services that comply with legal standards and ensure thorough searches.
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Communicate Clearly: Inform applicants of why checks are being conducted and how their information will be used.
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Evaluate Each Application Individually: Consider the nature of the offense, how it relates to tenancy, and how much time has passed since the offense occurred.
FAQs About Criminal Checks in Tenant Screening
What criminal checks are permissible in tenant screening?
Permissible checks can include local, statewide, and national criminal background investigations, covering felonies, misdemeanors, and sex offender registries.
Are there limitations on how far back criminal checks can go?
Yes, limitations vary by state, but many prohibit looking back further than seven years, particularly concerning rental applications.
Can I deny a tenant based solely on their criminal record?
Not necessarily. Denial based solely on criminal history can lead to discrimination claims. Evaluate each case in context.
What is the Fair Housing Act’s role in tenant screening?
The Fair Housing Act prohibits discrimination in housing practices, including tenant screening, ensuring that policies are applied fairly to all applicants.