Diligence in Tenant Screening Remains Critical as Covid Pandemic Continues; Opines TenantScreeningUSA.com

Millions of Americans struggle with the effects of Covid-19 as the pandemic continues to flare up across the country. Additionally, affordable housing remains a challenge, one that has a significant impact on families. Combine the two crisis’ and the impact is tremendous.

In the early days of Covid-19 governors across the country were quick to implement moratoriums on evictions. Individuals and families who had income loss related to Covid-19 were protected. Combined with the supplemental unemployment income many families were able to survive these challenges.

However, the eviction moratoriums and supplemental unemployment ultimately came to an end. Renters were once again faced with the challenge of housing.

Adam Almeida, President and CEO of TenantScreeningUSA.com states: “It’s not only the renters that are affected by the devastation brought on by the pandemic but landlords and property managers were hit hard as well, especially those managing smaller rental properties.”

Recently the federal government announced a new, extended moratorium against evictions related to loss of income from the Covid pandemic. This action could cause additional challenges to landlords and property managers.

Almeida states: “Renters would still be liable for any rent delayed by the federal moratorium, but the fact remains that landlords will be immediately hit with loss of income.”

Yet, an important fact remains that even during a pandemic people will continue to rent.

With job loss due to the pandemic families are often uprooted as the search for viable employment can force relocation. More and more families are renting until they feel secure with new employment. And traditional moves will continue. Importantly, landlords must remain diligent with tenant screening during the Covid pandemic.

Almeida states: “An important message for landlords and property managers is that risk mitigation and management remains the central importance of tenant screening. And despite moratoriums and changes in law and practice, tenant screening should remain consistent and thorough.”

A typical tenant check may include:

“Understanding and verifying the information provided by a potential renter is key, and a thorough tenant check can provide verification. Working with a third-party tenant screening agency, such as TenantScreeningUSA.com, should remain a best practice.”

Tenant screening is governed by a wide variety of laws, which are often confusing and complicated. Further, laws governing tenant screening can change quickly. Failure to comply with law could result in legal action, ones that may end with financial penalty.

“A well-qualified tenant screening agency should be able to keep a landlord mindful of critical and important laws,” Almeida states.

In the end, tenant screening should not change due to the Covid pandemic. In many cases the laws that existed pre-Covid remain in place.

Almeida concludes: “In the end a best practice remains that landlords and property managers should work with a well-qualified third-party tenant screening agency. They can provide the important data and information required to make a well-informed decision, in a safe and legally compliant manner.”

TenantScreeningUSA.com provides full-service tenant screening for landlords and property managers of any size and can greatly assist in remaining fully compliant with all existing law governing tenant screening. With a highly trained and experienced staff, TenantScreeningUSA.com can provide help to landlords and property managers with all their tenant screening needs.

TenantScreeningUSA.com Offers Low Cost, High Value Tenant Checks

Across the country tens of thousands of individuals face a significant loss of income due to the Covid 19 pandemic. From factory workers to farmers, to people from every walk of life, the threat of income loss is very real. The same holds true for small property landlords.

Adam Almeida, President and CEO of TenantScreeningUSA.com states: “Often times rent from a small rental property is an owner/landlord’s only source of income. The inability to evict tenants that cannot afford or pay rent not only affects the renter but the landlord as well.”

With the eviction moratorium still in place in some parts of the country landlords are feeling the pinch as they cannot evict tenants that can no longer afford or pay rent.

Almeida states: “Not every landlord is a giant corporation that may have the wherewithal to survive a loss of income that is as significant as what COVID 19 has caused. In most cases, a small property landlord must have every unit rented out in order to profit. A small property could be a single unit, a home or a room or even up to several units.”

When a renter loses income circumstances may be such that a renter just walks away from a unit, forfeiting deposit and personal belongings. Sometimes it is not as simple.

From KENS5.com (July 31, 20):

What was once a purchase with potential has turned into a pitfall. Walking into … latest rental property left her with very few words as clothes and debris were left all over the rooms and a gaping hole could be seen on the ceiling.

“It’s scary and it’s sad,” … “A total loss of income, it’s a total loss.” (1)

Almeida adds: “One cost that should never be a burden on a landlord or property manager is the actual tenant screening package. TenantScreeningUSA.com has designed low cost tenant screening packages specifically for small to mid-sized property managers and landlords.

Some states are beginning to work on legislation designed to assist the landlord as well as the renter.

One such example is in New York where a proposed bill is designed to assist the small property landlord.

From JD Supra (July 21, 20):

Residential housing cooperatives and affordable housing operators that can demonstrate they lost maintenance or rental income during the COVID-19 cancellation period would be able to apply to the state to recoup those amounts. The bill would establish a “landlord relief fund” to reimburse landlords for all cancelled rent payments, contingent on a five-year freeze on rent increases for tenants, and a commitment not to evict tenants without good cause. (2)

Almeida concludes: “For personalized service and affordable tenant screening, landlords and property managers of small to mid-sized rental properties should consider TenantScreeningUSA.com.”

TenantScreeningUSA.com provides full-service tenant screening for landlords and property managers of any size and can greatly assist in remaining fully compliant with all existing law governing tenant screening. With a highly trained and experienced staff, TenantScreeningUSA.com can provide help to landlords and property managers with all their tenant screening needs.

Notes:

(1) kens5.com/article/news/health/coronavirus/its-a-total-loss-of-income-small-landlord-feels-effects-of-eviction-halts/273-bff8c656-c5ac-4b25-863b-f1a75ecce1b8

(2) jdsupra.com/legalnews/new-york-state-legislature-considers-16143/

North Carolina Highlights Potential for Next Pandemic: Evictions; Opines TenantScreeningUSA.com

When the Covid 19 pandemic first took hold on the country and many so-called non-essential businesses were forced to shut down, governors were quick to implement rent moratorium as an effort to helping millions of renters across the country. As months have passed these temporary efforts are starting to expire. North Carolina’s moratorium on rent expired on June 22, 2020. In North Carolina alone thousands of families face the threat of eviction and the state may be an example for what may and could be happening across the country. And, it should be noted, the threat of eviction may have never really left during the moratorium.

From ABC11.com on June 17, 2020:

A different kind of crisis has been unfolding through the pandemic: local landlords forcing residents out of their homes despite the state’s ban on evictions because of COVID-19. (1)

Adam Almeida, President and CEO of TenantScreeningUSA.com states: “According to the moratorium put in place by the governor of North Carolina, renters should be protected from eviction during the moratorium timeframe. Renters need to work very closely with landlords to ensure they are protected.”

Eviction court reopened on June 21, 2020 and faced an immediate flood of court filings.

From New Observer on July 2, 2020:

As legal protections ended last month for renters facing evictions, affordable housing advocates and legal experts predict that North Carolina could see a wave of evictions in the coming months.

Over 10,000 eviction cases are on file in North Carolina courts. Since the state eviction moratorium ended on June 21, hearings are being scheduled this month in Durham and Wake counties… (2)

Almeida adds: “When one takes into account the amount of eviction cases on file in North Carolina and multiply that across the country the numbers are enormous and the impact significant.”

While many state moratoriums have expired some renters are still relatively safe from eviction, but as time goes on those individuals may face challenges.

From USA Today on June 10, 2020:

Twenty-four states are processing evictions again, and that number is likely to climb to at least 30 states by the end of June.

Not all renters in those jurisdictions are vulnerable. Nearly 30% continue to be protected by a federal moratorium under the Coronavirus Aid, Relief and Economic Security Act that will remain in place until July 25. The rest … live in properties that are either not subsidized by the federal government or are owned by landlords with loans that are not federally backed. (3)

Almeida concludes: “Evictions could be the next big “pandemic” in the rental housing market. As moratoriums expire millions could be exposed to the potential of eviction. Combined with continued challenges in the employment market, the challenges many renters face, as well as landlords, will continue. Ultimately, a best practice for landlords and property managers remains to work with a well-qualified third-party tenant screening agency to stay compliant with existing and potential laws government tenant screening.”

TenantScreeningUSA.com provides full-service tenant screening for landlords and property managers of any size and can greatly assist in remaining fully compliant with all existing law governing tenant screening. With a highly trained and experienced staff, TenantScreeningUSA.com can provide help to landlords and property managers with all their tenant screening needs.

Notes:

(1) abc11.com/coronavirus-nc-eviction-moratorium-rent-payment-fees-what-are-my-rents-as-a-renter/6251350/

(2) newsobserver.com/news/local/article243913017.html

(3) usatoday.com/story/money/2020/06/10/coronavirus-eviction-worries-mount-moratoriums-lifted/5286368002/

Rent Relief and a Potential Storm of Eviction

Rent relief efforts continue as the country struggles with the challenges of the COVID outbreak. And while the influx of eviction proceedings has not hit yet, it is coming.

In Galveston County, Texas courts and lawyers are preparing for the onslaught of legal action being taken against renters that face eviction due to loss of income related, generally, to COVID19.

From Galvnews.com (June 7, 20):

The state-imposed moratorium on evictions for those behind on rent payments because of the COVID-19 shutdown officially ended May 18, a brief respite for those who lost jobs or work hours because of the pandemic.

During the moratorium, evictions couldn’t move through the courts.

Since then, however, … and several county constable offices have seen an uptick of cases — mostly landlords catching up on delayed cases — but nowhere near the avalanche some expected. (1)

However, many states are working on continued rent relief.

In Illinois rent relief efforts are in place to cancel debt.

From the Chicago Tribune on May 20, 2020:

Measures for statewide rent relief — which would include help for tenants, landlords and homeowners impacted by the coronavirus pandemic — could hit Gov. J.B. Pritzker’s desk in a matter of days.

If signed into law, the COVID-19 Emergency and Economic Recovery Renter and Homeowner Protection Act, which Chicago Democrat Rep. Delia Ramirez introduced Friday, would cancel rent debt and suspend mortgage payments for those experiencing hardships related to COVID-19. (2)

In the state of New York rent relief is still in place but the rules have changed for renters.

From KiowaCountyPress.com (June 5, 2020):

New York Gov. Andrew Cuomo, for example, has halted evictions until Aug. 20. After June 20, however, tenants seeking relief will have to prove that they qualify for unemployment insurance or are suffering financial hardship. And with passage of the CARES Act, Congress paused evictions in federally subsidized housing until Aug. 23.

But when these eviction moratoriums expire, the accumulated bills will come due. One in 4 renters were already spending more than half of their income on rent before the pandemic. In

its aftermath, these numbers will only rise because millions of people may remain out of work or be forced to take lower paying jobs. (3)

What happens with evictions down the road is uncertain. Renters may face the dread of eviction due to the economic downturn caused by the COVID 19 pandemic. When one considers rent relief efforts and pressure put on state and local governments, the potential for changes in law governing the use of eviction records is very real, and landlords and/or property managers should take note. Subsequently, the need to work with a tenant screening agency is more urgent.

Adam Almeida, President and CEO of TenantScreeningUSA.com states: “Eviction reports are a big part of the tenant screening process and landlords/property managers should work with a well-qualified third-party tenant screening agency in order to stay current with all laws governing the use of such records.”

TenantScreeningUSA.com provides full-service tenant screening for landlords and property managers of any size and can greatly assist in remaining fully compliant with all existing law governing tenant screening. With a highly trained and experienced staff, TenantScreeningUSA.com can provide help to landlords and property managers with all their tenant screening needs.

Notes:

(1) galvnews.com/news/free/article_e2f79dc8-71f2-5898-b0c1-db31bafbd1e6.html

(2) chicagotribune.com/coronavirus/ct-re-coronavirus-rent-relief-legislation-20200520-6cog3rewubhzjauxbtjzn5zgrm-story.html

(3) kiowacountypress.net/content/coronavirus-related-debt-will-live-digital-profiles-years-%E2%80%93-hurting-americans%E2%80%99-ability-ge

National Moratorium on Evictions Means “No Evictions”

Across the country millions of people have been following “Shelter-in-Place” or “Stay-at-Home” executive orders to slow the spread of COVID19 as it continues to tear across the country and world. Unfortunately, companies deemed non-essential were eventually forced to lay off thousands of workers. Companies in essential industries also face the potential for layoffs as business slows. Currently, the country faces an unemployment rate not witnessed since the height of the Great Depression.

Every day, as people face the challenge of making ends meet on a daily basis, the threat of eviction becomes very real. Some reports suggest that many Americans live paycheck to paycheck and a simple disruption of a single week puts many at risk. Faced with weeks and months of unemployment eviction maybe close at hand.

But the federal government put in place a moratorium on evictions, which is in place presumably until the end of the crisis.

Relief from rent allows people to survive and stay sheltered from potential exposure to COVID 19.

And yet there are those landlords and/or property managers that have sought to defy federal and local governments regarding the eviction moratorium and now face potential prosecution.

One such case exists in Minnesota.

From the Guardian (9 Apr 2020):

Authorities in Minnesota have pressed charges against a landlord who evicted a tenant during the coronavirus crisis and thus violated a state order forbidding kicking people out of their homes as the pandemic spreads across the US.

The move is one of the strongest actions yet taken to guard vulnerable people against the threat of eviction as unemployment in the US soars to levels not seen since the Great Recession in the wake of the economic crisis caused by the virus as widespread shutdowns cover the US. (1)

In other parts of the country property managers and landlords potentially face legal action regarding evictions during a moratorium. Another case is pending in the State of Washington.

From Q13 Fox (20 Apr 20):

Washington Attorney General Bob Ferguson is suing a property-management company for allegedly violating the coronavirus-related emergency moratorium on evictions, the Seattle Times reported.

It’s the first lawsuit filed to enforce the emergency orders issued amid the coronavirus pandemic, according to a news release from his office. Filed in Pierce County Superior Court, the lawsuit says JRK Residential Group Inc., violated Gov. Jay Inslee’s emergency order by issuing notices to pay or vacate this month to 14 tenants in Tacoma.

The filing contends the violations ran afoul of Washington’s Consumer Protection Act, according to the news release…(2)

Almeida concludes: “In times of crisis where an eviction moratorium is in place a best practice remains for all landlords and property managers to work with a well-qualified third-party tenant screening agency in order to remain fully compliant with existing law, as well as emergency law, that govern tenant screening.”

TenantScreeningUSA.com provides full-service tenant screening for landlords and property managers of any size and can greatly assist in remaining fully compliant with all existing law governing tenant screening. With a highly trained and experienced staff, TenantScreeningUSA.com can provide help to landlords and property managers with all their tenant screening needs.

Notes:

(1) theguardian.com/us-news/2020/apr/09/evictions-coronavirus-minnesota-charges-landlord?CMP=Share_iOSApp_Other

(2) q13fox.com/2020/04/20/ferguson-files-lawsuit-against-property-management-company-over-eviction-moratorium/

COVID19 Creates Trying Times for Rentals and Landlords

COVID19 continues to spread across the world and the impact on renters and landlords is immediate and significant. Adam Almeida, President and CEO of TenantScreeningUSA.com states: “Layoffs and loss of income continues to impact society as a whole and renters dramatically; and the subsequent impact on the ability to pay rent has greatly impacted landlords and property managers.”

Loss of income due to COVID 19 will greatly impact both landlords and tenants. Adam Almeida, President and CEO of TenantScreeningUSA.com states: “Civic leaders at all levels of society are struggling with the impact of COVID 19 on society as a whole as well as with renters who have faced sudden loss in income; and continue to scramble for ways to assist those in need.”

Millions of people are finding themselves out of work due to COVID 19. As non-essential companies have been shut down workers lose jobs and income dries up. Without a steady income many people are struggling with rent and across the country civic leaders are attempting to assist those in need.

From JD Supra (Mar. 19, 2020):

Notably, other localities have suspended all evictions, including the cities of San Francisco and Seattle and states like New York. (1)

Eviction pauses continue across the country.

From CNN.com (Mar. 16, 2020):

Under most of the suspensions, property owners can’t issue new eviction notices, and existing ones can’t be executed. Many courts, like in Chicago’s Cook County, have already shuttered for weeks, so eviction hearings have been paused, too.

Most of the suspensions last up to 30 days. Boston’s could last for as long as three months. (2)

Almeida states: “Without question the COVID 19 outbreak has caused enormous challenges to daily routines. Work from home, no school, social distancing, paying rent: all have an impact. And when a job is lost the challenge of paying rent becomes significant.”

A best practice may be to talk to your landlord or property manager. As the COVID 19 crisis has affected nearly every single sector of the economy, with an impact not felt since World War II, landlords and property managers may be accommodating.

Almeida states: “Tenants should talk to a landlord, especially now as relief benefits from the federal government may not kick in for a few weeks.”

As the country continues to maneuver through the current COVID 19 crisis people will still need to rent properties and landlords will need to conduct tenant screening.

And a best practice for landlords and/or property managers is to work with a well-qualified third-party tenant screening agency in order to remain in compliance with local, state, and federal changes in laws governing tenant screening as well as short-term executive orders.”

TenantScreeningUSA.com provides full-service tenant screening for landlords and property managers of any size and can greatly assist in remaining fully compliant with all existing law governing tenant screening. With a highly trained and experienced staff, TenantScreeningUSA.com can provide help to landlords and property managers with all their tenant screening needs.

Notes:

(1) jdsupra.com/legalnews/covid-19-update-for-landlord-industry-78234/

(2) cnn.com/2020/03/16/us/cities-suspend-evictions-coronavirus-trnd/index.html

Landlords and Property Managers Across the Country Should be Aware of Seattle’s Recent Ban of Winter Evictions; Opines TenantScreeningUSA.com

Seattle’s Mayor chose not to veto a recent legislative action and allowed a moratorium on winter evictions to pass into law. Adam Almeida, President and CEO of TenantScreeningUSA.com opines: “Laws can be enacted in a number of ways and while the passage of the winter eviction moratorium in Seattle is somewhat unusual, landlords and property managers should take note and ensure eviction policies are compliant by working with a well-qualified third-party tenant screening agency, such as TenantScreeningUSA.com.”

Recently Seattle’s mayor allowed a legislative action, governing winter evitions, pass into law without veto, noting her veto would have most likely been overridden by City Council. Adam Almeida, President and CEO of TenantScreeningUSA.com opines: “Seattle has long been a leader in housing related legislative action and the recent ban on winter evictions should make landlords and property managers take notice.”

In Seattle a new law disallowing winter evictions went into effect.

From a posting on Seattle Times webpage (02 25 20; SeattleTimes.com):

Seattle Mayor Jenny Durkan is allowing the City Council’s moratorium on some residential winter evictions to become law. At the same time, the mayor is proposing that the city spend $200,000 more on eviction prevention services next winter.

Durkan opposed the moratorium pushed by Councilmember Kshama Sawant and could have vetoed the legislation that won unanimous council approval on Feb. 10. But the council could have voted to override her veto.

Instead, the mayor has returned the legislation to the City Clerk without her signature, repeating her concerns but not standing in its way. In a news release Tuesday, Durkan argued her proposal to increase funding for prevention services would do more good. (1)

The law is designed to halt evictions between December 1 and March 1 but there are proponents to the law.

From an op-ed from the Wall Street Journal (02 17 29):

Seattle winters are cool but, as the old joke goes, not cold enough for socialists to stick their hands in their own pockets. The far-left City Council voted last week to prohibit almost all wintertime residential evictions in Seattle, at the expense of poor tenants and property owners.

Under the new ordinance, which passed 7-0, Seattle landlords can almost never evict tenants from December 1 to March 1. The evictions ban applies even if a tenant has habitually failed to pay the rent. And if a renter used or dealt drugs, committed crimes on the premises, or created a public nuisance, a landlord seeking a winter eviction now must prove this activity has “a substantial detrimental impact on, or constitutes an imminent threat to, the health or safety” of other tenants or the property owner. Otherwise, wait until it’s warmer. (2)

 

Almeida concludes: “Any time a legislative action is pursued that may affect tenant screening, landlords and property managers should take note and work with a well-qualified third-party tenant screening agency in order to remain fully compliant with laws affecting tenant screening.”

TenantScreeningUSA.com provides full-service tenant screening for landlords and property managers of any size and can greatly assist in remaining fully compliant with all existing law governing tenant screening. With a highly trained and experienced staff, TenantScreeningUSA.com can provide help to landlords and property managers with all their tenant screening needs.

Notes:

(1) seattletimes.com/seattle-news/politics/seattle-mayor-durkan-allows-winter-eviction-ban-to-become-law-proposes-more-funding-for-prevention/

(2) wsj.com/articles/seattles-winter-evictions-ban-11581975695

Potential Idaho Law Expediting Evictions Could Become a Test Case for Other Areas of the Country; Opines TenantScreeningUSA.com

In 2019 Idaho attempted to introduce a bill that would change how evictions are conducted, essentially speeding them up by combining the requirement of two lawsuits into a single lawsuit and substantially shortening the time for a tenant to react. The debate over HB138 continues and a recent op-ed in the Idaho Statesmen has reignited the conversation. Adam Almeida, President and CEO of TenantScreeningUSA.com opines: “Laws governing tenant screening, specifically the reports used as part of a tenant background check package, can change very quickly and a best practice remains to work with a well-qualified third-party tenant screening agency in order to remain fully compliant with existing and potential law.”

HB 138 in Idaho remains contentious.

From the Idaho Statesmen opinion page on January 23, 2020:

Fair housing advocates are concerned that a bill that would have sped up the process for evictions in Idaho and narrowly failed in the House of Representatives last year will make a return this session.

The bill’s sponsors last year said it would have simplified the eviction process for landlords and added some new protections for renters.

Opponents of the bill, including the ACLU, see the legislation as simply giving landlords more leverage over renters in a state that some see as already one of the most landlord-friendly in the country. (1)

With the rental values in Idaho spiking, especially around the Boise area, perception is that landlords are trying to evict lower value renters in order to obtain higher value renters. Some suggest that the new law may allow the opportunity for expedited evictions.

From the Idaho Statesmen from March 4, 2019:

The bill, HB 138, was introduced by the Idaho Apartment Association and would have changed the way landlords act against tenants who violate the terms of their lease or fail to pay rent. Current law forces a landlord to file two lawsuits to evict a tenant — one forcing the tenant to return the property to the landlord, the other to seek monetary damages.

The bill would have combined those lawsuits into one and reduce the maximum time for the eviction process to a month or less. Courts would be forced to schedule trials within 12 days. (2)

Preventing eviction may be more cost effective than actual eviction. According to the Idaho Statesmen Opinion piece from January 23, 2019:

Preventing homelessness costs on average about $800 per client, Rabe said, but once a family becomes homeless, it costs up to $10,000 to re-house them, and each person experiencing homelessness costs over $53,000 annually in supportive and emergency services. , according to a study by Boise State University researcher Vanessa Fry. So an $800 investment in prevention pays off. (3)

Almeida concludes: “Rental housing will continue to be a challenge and tenant screening will always be a part of that conversation. A best practice remains for landlord and property managers to work with a well-qualified third-party tenant screening agency, such as TenantScreeningUSA.com, in order to remain fully compliant with new and existing laws.”

TenantScreeningUSA.com provides full-service tenant screening for landlords and property managers of any size and can greatly assist in remaining fully compliant with all existing law governing tenant screening. With a highly trained and experienced staff, TenantScreeningUSA.com can provide help to landlords and property managers with all their tenant screening needs.

Notes:

  1. idahostatesman.com/opinion/from-the-opinion-editor/article239531633.html
  2. idahostatesman.com/news/politics-government/state-politics/article227098164.htmlIdaho shouldn’t be making it easier to evict people right now
  3. idahostatesman.com/opinion/from-the-opinion-editor/article239531633.html

Challenging Housing Laws in Washington State Could Lead to Further Confusion in Tenant Screening

Recent laws in Washington State regarding tenant screening may create concern for landlords and property managers as well as further confusion to the fair and lawful use of public records as part of a tenant screening process. Adam Almeida, President and CEO of TenantScreeningUSA.com, opines: “As cities and states wrestle with an on-going housing crisis, measures taken in an attempt to create easier entry to housing, especially for the poor and previously incarcerated, may create considerable challenges and concern for existing landlords.”

Landlords and property managers in the state of Washington are facing increased challenges to tenant screening and the subsequent selection of tenants. Also, they face challenges in the ways to evict problem or bad tenants. Life has become more complicated for landlords and property managers in Washington.

From Fox News (foxbusiness.com; Dec 19, exact date not provided):

Most recently, the Supreme Court passed the city’s “First-in-Time” (FIT) ordinance in November, which requires landlords to approve the first qualified tenant who applies for a property.

FOX News correspondent Dan Springer said tenant groups say the FIT law will “level the playing field and wipe out property owners bias in the rental market” while landlords say the law “violates their century-old right to lease to the tenant of their choice.”

The “Fair Chance Housing” ordinance, which prevents landlords from rejecting applicants based on criminal history, went into effect in February 2018 but is still in active litigation after facing legal challenges. (1)

Adam Almeida, President and CEO of TenantScreeningUSA.com, comments: “Whenever there are changes to law, new law, or challenges to law landlords and property managers need to take note and make sure current policies are compliant. Challenges to law, such as those in Washington State, can create an air of confusion. A best practice remains for landlords and property managers to work with a well-qualified third-party tenant screening agency, such as TenantScreeningUSA.com.”

While good intentions are certainly a part of the First in Time ordinance, the actual results may become a greater challenge for all involved.

Almeida states: “As landlords continue to challenge laws such as First in Time, and the use of criminal history records, they should still remain diligent in compliance to existing law.”

The eviction process in Washington State is under challenge as well.

From SeattleWeekly.com (Dec 8, 19):

Bills in the Washington State Legislature concerning “just cause” eviction were introduced during the 2019 session, but didn’t pass. John Stovall of the Washington Low Income Housing Alliance said the bills would likely either be re-introduced or that similar legislation will be filed during the 2020 session.

Just cause eviction laws mean landlords can’t serve tenants with 20-day no-cause eviction notices. Under current state law, landlords can evict monthly renters with one of these notices, leaving tenants with no legal recourse. Landlords are also not required to provide a reason for the evictions. (2)

Almeida states: “Legislators and advocates are active in Washington and change is bound to come sooner than later. And with change comes confusion and, ultimately, working with a third-party tenant-screening agency remains a best practice in order to stay confusion free and compliant with law.”

TenantScreeningUSA.com provides full-service tenant screening for landlords and property managers of any size and can greatly assist in remaining fully compliant with all existing law governing tenant screening. With a highly trained and experienced staff, TenantScreeningUSA.com can provide help to landlords and property managers with all their tenant screening needs.

Notes:

(1) foxbusiness.com/markets/washington-supreme-court-seattle-landlords

(2) seattleweekly.com/news/tenant-advocates-prepare-for-another-push-in-olympia/

Seattles Landmark Tenant Screening Law Faces Challenges

Update: Seattle’s Landmark Tenant Screening Law Faces Challenges; Final Outcome Still Undecided

Seattle’s recent tenant screening law, one that tightly regulates to whom a landlord and/or property manager can rent, has faced legal challenges and Washington’s State Supreme Court upheld key provisions of the law. Adam Almeida, President and CEO of TenantScreeningUSA.com opines: “Any legal or legislative activity that affects tenant screening should put landlords and/or property managers on notice to make sure their policies and procedures are legal and compliant; and a best practice remains to work with a highly qualified tenant screening agency, such as TenantScreeningUSA.com.”

Seattle’s tenant screening law, commonly referred to as “First-in-Line” has survived initial legal challenges. Adam Almeida, President and CEO of TenantScreeningUSA.com states: “Seattle’s law could face numerous legal challenges which, subsequently, highlights the need for landlords and/or property managers to work with a well-qualified tenant screening agency, such as TenantScreeningUSA.com.”

Several years after the initial passage of Seattle’s “First-in-Time” law legal challenges continue to slow full implementation.

From Seattle.Curbed.com (Nov. 21, 19):

Three years after its initial passage, Seattle’s “first-in-time” law, which requires a landlord to accept the first qualified applicant to live in a rental property, has been upheld by the Washington State Supreme Court. The law had been overturned in late March by a lower court and was subsequently appealed by the city. (1)

The law was intended to eliminate bias in tenant screening and related housing.

From Seattle.Curbed.com (Nov. 21, 19):

The laws were the First in Time law, requiring landlords to rent a property to the first qualified applicant, and the Fair Chance Housing Ordinance, prohibiting landlords from looking into the criminal backgrounds of potential tenants. (2)

Almeida adds: “Landlords and property managers have begun to push back against this law, hence the recent court challenges, and are pushing hard to reverse the law entirely.”

From MHPMag.com (Nov. 19, 19):

The property owners objected to these laws based on protections in the United States and Washington State constitutions against government takings of private property and for due process and free speech. Lower courts had found these arguments persuasive based on precedents established by earlier cases. A laymen’s reading of the decisions by the Washington State Supreme Court is that the justices decided that the lower courts erred by

concluding that the Washington State Supreme Court had established protections that were broader than those found in the Federal Constitution. Also, the justices determined that recent rulings by the United States Supreme Court had effectively invalidated some of the precedents the lower courts had used as justification for their decisions. Therefore, they reversed the lower courts’ rulings. (3)

Almeida concludes: “A best practice remains for landlords and/or property managers to work with well-qualified third-party tenant screening agency in order to remain fully compliant with all law, especially when new laws are introduced and challenged in court. Laws can change quickly and it’s best to be prepared.”

TenantScreeningUSA.com provides full service tenant screening for landlords and property managers of any size and can greatly assist in remaining fully compliant with all existing law governing tenant screening. With a highly trained and experienced staff, TenantScreeningUSA.com can provide help to landlords and property managers with all their tenant screening needs.

Notes:

  1. seattle.curbed.com/2019/11/21/20967118/seattle-tenant-protections-first-in-time
  2. ibid
  3. mhpmag.com/2019/11/setback-in-seattle/