Public records are critical as part of the vetting process for rental applications, but the challenges to the use of public records remain consistent and on-going. Adam Almeida, President and CEO of TenantScreeningUSA.com states: “Never has there been a time when it has been more important for landlords and/or property managers to work closely with a Tenant Screening agency, such as TenantScreeningUSA.com, to remain compliant with law, as well as changing trends in tenant screening.”
In recent years the use of criminal background records has come under fire, especially in pre-employment background screening. Increasingly landlords and property managers are being legislated away from the use of criminal records history as a part of tenant vetting.
Lead by municipalities, such as Oakland, CA, which banned the box in early 2020, Oregon is poised to enact a statewide ban on the use of criminal histories.
From BlueMountainEagle.com on May 27, 2021:
If passed, Senate Bill 291 would ban landlords from taking arrests or criminal history into account when considering tenant applications if an applicant entered a diversion program, received a deferred judgment, or was charged for a crime that’s been removed from public records. That includes former offenses in Oregon like possession of cannabis or other illicit drugs.
The bill would have landlords adopt written screening criteria and inform prospective tenants of the screening process and their right to appeal before charging fees or accepting applications. Landlords must also provide applicants with written statements explaining the reason for denial within 14 days. Current law requires landlords to produce a written explanation of denial upon request. (1)
Almeida adds: “Landlords and Property Managers will have to be careful when working with new requirements out of Oregon as recent laws governing tenant screening have grown to be increasingly complex.”
And the use of eviction records are being called into question as they appear to follow an individual around as they move from place to place.
From NextCity.com on June 4, 2021:
These records remain easily accessible to the public and tenant screening companies, even when the filing does not lead to an eviction or is resolved in a tenants’ favor. (2)
Almeida reacts: “Landlords may need guidance in using eviction reports. Working with a tenant screening agency remains a best practice.”
Additionally, evictions are a growing concern due to the impact of Covid 19 and the current federal moratorium of evictions set to end on June 30, 2021. But overall evictions have had a disparate impact on people of color, especially single mothers in urban centers.
From NextCity.com on June 4, 2021:
It has been shown around the country that eviction records have a disparate impact on Black women and their families, causing dangerous cycles of generational poverty and instability. This grim reality is reflected in Philadelphia, where 71% of annual evictions are filed in communities of color. The pandemic has significantly exacerbated difficulties facing Black communities and other communities of color, seniors, and people with disabilities. These communities are most likely to have lost income during the pandemic, putting them at greater risk of eviction filings, and therefore putting them at risk of homelessness and instability beyond the pandemic. (3)
Almeida concludes: “Laws governing the use of public records for vetting tenants continues to change and with each passing year the laws become increasingly complex. Ultimately, a best practice remains to work with a well-qualified third-party tenant screening agency to remain 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.
Note:
(1) bluemountaineagle.com/news/state/oregon-bill-would-ban-landlords-from-many-background-checks/article_ae53ae50-98e0-5a3c-9ba9-7138e2f113a9.html
(2) nextcity.org/daily/entry/eviction-records-follow-people-around-for-years-this-isnt-fair
(3) ibid
