While many states across the country are ending eviction moratoriums, some states and counties have extended end dates into 2022, further extending potential confusion and challenges for landlords and/or property managers. Adam Almeida, President and CEO of TenantScreeningUSA.com states: “As some states and counties extend Covid related moratoriums confusion will continue for landlords and property managers, and a best practice remains to work with a well-qualified third-party tenant screening agency, such as TenantScreeningUSA.com, in order to remain compliant with existing and potential laws governing tenant screening.”

Covid related eviction moratoriums have ended in many parts of the country but some states and counties have chosen to extend deadlines into 2022. Adam Almeida, President and CEO of TenantScreeningUSA.com states: “By extending the deadlines the potential for ongoing confusion for landlords and property managers continues as well, and a best practice remains to work with a third-party tenant screening agency, such as TenantScreeningUSA.com, to stay ahead of any change in laws governing tenant screening.”

The state of New York was one of the first to extend eviction moratoriums into 2022.

From NY1.com on September 2, 2021 discussing New York’s extension:

New York is now one of only six states and Washington D.C. to have an eviction moratorium still in place.

Lawmakers in support of extending the eviction moratorium say the bill will help protect tens of thousands of renters at risk of being evicted while the state works at speeding up distribution of aid aimed at helping low-income tenants. ⁽¹⁾

Almeida adds: “Extending the moratorium may allow renters to sign up for federal and state relief money, which, ultimately, could greatly assist landlords waiting on back rent.”

New York is no longer alone in extended the deadline.

There is a hodge-podge of moratorium extensions in California. LA County recently enacted an extension into 2022, as well.

From the California Globe on September 30, 2021:

While most counties and cities in California don’t have moratoriums and are generally following the September 30th rent moratorium end as outlined in AB 832, many rent-heavy areas do. In LA County, the Board of Supervisors voted on Tuesday to extend commercial evictions and all residential non-late rental evictions through the end of January 2022, meaning the only way residential renters can be evicted for several months will be through not paying. In Oakland, the moratorium will remain indefinite as the local eviction moratorium currently has no end date. In Fresno, the moratorium will continue on until the end of the year. Many others, like San Francisco, are hoping to enact last minute legislation. For landlords in those areas, those added months of no rent are only adding to the financial and mental stress of going nearly two years in some cases of not having rent collected from some tenants. ⁽²⁾

And, finally, Seattle has extended into 2022.

From Capitol Hill Seattle on September 21, 2021:

Seattle is buying time for thousands of renters and landlords as Mayor Jenny Durkan has signed an executive order for the sixth extension of the city’s moratorium on residential and commercial evictions during the ongoing COVID-19 crisis.

The ban on evictions will now stretch into January 2022. By then, the city will have a new mayor and, perhaps, a plan and the relief funding necessary to emerge from the looming tenant and landlord crisis. ⁽³⁾

Almeida concludes: “Confusion remains regarding eviction moratoriums as statewide bans end and local extensions are enacted. Working with a well-qualified third-party tenant screening agency remains a best practice.”

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) ny1.com/nyc/all-boroughs/politics/2021/09/02/nys-lawmakers-extend-new-york-s-eviction-moratorium-in-an-extraordinary-session

(2) californiaglobe.com/articles/ca-statewide-eviction-moratorium-ending-on-september-30th-but-not-for-all/

(3) capitolhillseattle.com/2021/09/with-sixth-extension-of-covid-19-eviction-moratorium-seattle-buying-more-time-for-federal-aid-new-programs-to-help-tenants-and-landlords

As the country continues to struggle with the ongoing Covid 19 pandemic lines are being drawn between a group of landlords and the CDC as related to the extension of the eviction moratorium.

In July of 2021 the Supreme Court chose not to rule on the eviction moratorium as it was set to expire on the 31st of July. The Biden administration indicated there would not be a further extension of the moratorium, ⁽¹⁾ but realities change in a short amount of time.

As the CDC introduced the extended moratorium, one designed and focused on areas of the country that are greatly impacted by the virus, two landlord groups filed suit against the CDC.

From Yahoo.com on August 6, 2021:

Two landlord groups who are challenging the government’s latest eviction moratorium accused the Justice Department in a legal filing Friday evening of “gamesmanship” at the expense of property owners.

In a response in the U.S. District Court for the District of Columbia, the Alabama Association of Realtors and its Georgia counterpart reiterated their original argument that the new order halting evictions amounted to a “political maneuver” to extend an “unlawful” federal eviction moratorium. ⁽²⁾

Adam Almeida, President and CEO of TenantScreeningUSA.com opines: “Ongoing legal action will certainly create greater confusion for landlords and tenants.”

The Justice Department’s response was immediate.

From MSN.com on August 6, 2021:

The Justice Department defended the Biden administration’s new eviction moratorium in a court filing Friday, citing the Centers for Disease Control and Prevention’s finding that “the deteriorating public health situation necessitated a new invocation of its authority — and responsibility — to protect public health.”

The latest moratorium applies to localities with “substantial” or “high” COVID-19 spread, which now encompasses most of the country. Legal challenges were virtually guaranteed after the Supreme Court ruled the Biden administration could not extend a previous moratorium that expired at the end of July. ⁽³⁾

Adding fuel to the fire are the delays in getting relief money to renters and landlords. Congress voted to provide millions of dollars to those behind in payments as related to Covid 19 and yet very little of that money has reached intended recipients.

From CNBC.com on August 3, 2021:

Each state has its own program and process for disbursing the aid. However, tenants face an uphill battle when it comes to getting the relief, since they have to overcome multiple barriers,

says Caitlin Cedfeldt, staff attorney at Legal Aid of Nebraska. Cedfeldt represents tenants in eviction cases and helps them access financial assistance.

The most basic barrier, at least in Nebraska, is that many tenants often have no idea the assistance is even available, says Cedfeldt. “If they are aware, they might not know that they are eligible for it, especially if they have already received it once,” says Cedfeldt. ⁽⁴⁾

Almeida concludes: “In difficult times such as these a best practice for landlords and/or property managers is to work with a well-qualified third-party tenant screening agency, such as TenantScreeningUSA.com, in order 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.

Notes:

(1) npr.org/2021/06/29/1003268497/the-supreme-court-leaves-the-cdcs-moratorium-on-evictions-in-place

(2) yahoo.com/justice-dept-defends-latest-eviction-145500396.html

(3) msn.com/en-us/news/us/justice-department-defends-new-eviction-moratorium-in-court/ar-AAN1kNO

(4) cnbc.com/2021/08/03/why-tenants-are-still-struggling-despite-46-billion-dollars-in-rental-relief.htm

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

As the federal eviction moratorium has been extended through June, some states, such as Oregon, have taken on the challenge of management the challenge of past-due rent, and may prove to be the leaders in the country. Adam Almeida, President and CEO of TenantScreeningUSA.com opines: “States such as Washington and Oregon have long been leaders in rental policy and SB 282 may prove to be a blueprint for other states in the management of past-due rent and related eviction moratorium policy, but landlords and property managers, as they take immediate note, should continue to work with a well-qualified third-party tenant screening agency, such as TenantScreeningUSA.com, in order remain compliant with all laws and policies related to tenant screening.”

Senate Bill 282 continues to move through Oregon’s legislative process and should this bill be enacted it may prove to be a best practice in managing past-due rent as related to Covid moratoriums. Adam Almeida, President and CEO of TenantScreeningUSA.com states: “Oregon has often been a leader in housing policy and the potential enactment of SB282 may prove to be another touchpoint in that history; subsequently landlords and property managers should take immediate note.”

As concerns about past-due rent and on-going eviction moratoriums, Oregon has taken steps to manage the on-coming crisis.

Senate Bill 282 continues to move through the Oregon legislative body having recently passed the Senate Housing and Development committee.

From PamplinMedia.com on March 30, 2021:

Tenants would get more time to pay past-due rent, and their future ability to rent would be protected, under a bill that is headed to a vote of the Oregon Senate.

An amended Senate Bill 282 was advanced Tuesday, March 30, on a 4-1 vote by the Senate Housing and Development Committee.

Though the bill does not extend the current pandemic-related moratorium on evictions past June 30 — or forgive back rent — it would give them until Feb. 28, 2022, to pay back any rents due from April 1, 2020, or make arrangements to obtain rental assistance. Tenants would have to stay current on rent after July 1, but they could not be evicted for nonpayment of past-due rent during the extended grace period. ⁽¹⁾

While working through the challenges of managing past-due rent may be a positive, there are detractors.

From SalemReporter.com on March 10, 2021:

But landlords say the legislation will be another burden after already having forgone rent payments since Gov. Kate Brown issued her initial eviction moratorium in March. Landlords also worry about the state’s ability to deliver promised relief and the legislation will create loopholes for unscrupulous tenants. ⁽²⁾

Almeida concludes: “When new laws are enacted and may be as impactful as SB 282 landlords and property managers should take immediate note. A best practice remains to work with a well-qualified third-party tenant screening agency in order 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.

Notes:

(1) pamplinmedia.com/pt/266-politics/503155-403091-tenants-could-get-another-break-on-past-due-rent

(2) salemreporter.com/posts/3812/with-the-clock-ticking-on-an-eviction-timebomb-the-oregon-legislature-considers-additional-protections-for-renters

Two cities in Michigan, Ann Arbor and Jackson, recently took up the challenge of housing discrimination as related to criminal records history, which are commonly used as part of a rental applicant vetting process. Adam Almeida, President and CEO of TenantScreeningUSA.com states: “Criminal records histories have held certain classes of people back from gaining housing, which is considered by many to be the most critical part of successfully reintegrating back into mainstream society.”

Ann Arbor and Jackson, Michigan are working toward implementing new legislation governing the legal and lawful use of Criminal Records Histories as part of tenant screening. Adam Almeida, President and CEO of TenantScreeningUSA.com states: “Ann Arbor and Jackson, Michigan are among a handful of municipalities working on laws designed to prevent discrimination in housing during the applicant vetting process, and the use of Criminal History Records. Subsequently, a best practice for landlords and/or property managers in all parts of the country is to work with a well-qualified third-party tenant screening agency, such as TenantScreeningUSA.com, in order to remain ahead of emerging trends while staying compliant with existing law.”

Two cities in Michigan have taken up the task of fighting potential rental housing discrimination through new or pending laws regulating the use of Criminal History Reports as part of a standard tenant background check.

From MLive.com on March 2, 2021:

With racial equity in mind, Ann Arbor officials are updating city ordinances in hopes of ending housing discrimination against people with criminal records.

City Council voted unanimously Monday night, March 1, to give initial approval to ordinance changes recommended by the city’s Human Rights Commission to eliminate use of criminal history in tenant selection processes in Ann Arbor. ⁽¹⁾

Almeida states: “According to statistics, it is increasingly difficult for individuals with criminal records to find housing. The new laws in Michigan seek to reduce and/or prevent discrimination in rental housing. And, as many authorities recognize, housing is key to reintegration into mainstream society.”

Earlier in 2021 the city of Jackson, Michigan introduced a new measure with similar goals as to those of Ann Arbor.

From WILX.com on February 8, 2021:

If passed, the Fair Chance Housing Ordinance would put an end to the practice used by some landlords and rental management companies who automatically deny rental agreements to anyone who has a criminal background record, no matter what a person’s arrest or conviction record shows or how old the information may be. If approved, Jackson would join several other cities in Michigan that have already enacted similar housing policies, including major metropolitan areas and smaller cities. ⁽²⁾

Almeida adds: “The move to control the use of Criminal History Records in vetting housing applicants is a growing trend across the country, one that should be watched closely by landlords and/or property managers, and a best practice remains to work with a well-qualified third-party tenant screening agency in order to remain complaint with changing 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) mlive.com/news/ann-arbor/2021/03/ann-arbor-hopes-to-end-housing-discrimination-against-people-with-criminal-records.html

(2) wilx.com/2021/02/08/jackson-mayor-introduces-housing-ordinance-to-protect-justice-impacted-families-from-discrimination

Evictions continue during the Covid 19 pandemic despite current moratoriums and may create ongoing issues for tenant screening, opines TenantScreeningUSA.com. Adam Almeida, President and CEO of TenantScreeningUSA.com states: “Continued moratoriums related to the current pandemic have only slightly slowed the rate of evictions across the country and states may have differing extensions to the current federal moratorium, recently extended to March 31, 2021; and a best practice remains to work with a well-qualified third-party tenant screening agency, such as TenantScreeningUSA.com, in order to remain compliant with new and existing laws and guidance.”

Recently the CDC mandated an extension of the federal eviction moratorium, but evictions will continue to take place and, subsequently, cause confusion for property managers and landlords. Adam Almeida, President and CEO of TenantScreeningUSA.com states: “While the extended federal moratorium on evictions has been extended to March 31, 2021 evictions may continue to take place in many states, and the rules governing evictions could be confusing to landlords and property managers suggesting a best practice remains to work closely with a third-party tenant screening agency in order to remain complaint with law.”

Across the country evictions have continued and states have varying rules governing this process.

In South Carolina evictions have continued during the pandemic, governed by specific rules.

From GoUpstate.com on January 21, 2021:

There’s a lot of confusion surrounding the moratorium and landlords are getting creative to evict people for different reasons not listed in the order, USA Today reported.

Only evictions based on non-payment of rent are stopped from preceding under the national eviction moratorium, said … managing attorney with South Carolina Legal Services. ⁽¹⁾

Evictions for other causes are allowed to continue, assuming courts remain open.

Almeida states: “Rules governing evictions, even during Covid, can vary from state to state, and further cause confusion for landlords and property managers.”

In California, Governor Gavin Newsome recently extended that state’s moratorium on evictions until June 2021.

From ABC10.com on January 25, 2021:

The joint statement was released by the governor’s office…It announces that legislative leaders have agreed to extend the eviction moratorium in California through June 30, 2021. This extension will help protect tenants and small landlords from losing their housing as the nation continues to fight the COVID-19 pandemic. ⁽²⁾

How the rules governing the extended federal eviction as well as statewide moratoriums play out will take time as the current legal landscape is very fluid and changes quickly.

Almeida concludes: “Landlords and property managers should take immediate note and recognize that the rules governing Covid-related moratoriums can and will change quickly, and a best practice remains to work with a well-qualified third-party tenant screening agency.”

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) goupstate.com/story/news/2021/01/20/south-carolinians-face-eviction-despite-moratorium/4210203001/

(2) abc10.com/article/money/gov-newsom-legislative-leaders-talk-eviction-moratorium-extension/103-e96524dc-d641-4838-97c1-ea82b3e75744

Ban-the-Box limits the use of Criminal History Records as part of pre-employment background screening, a legal trend that begin 20 plus years ago and now encompasses hundreds of municipalities and states across the country, and is set to make another appearance in tenant screening law via Montgomery County. Adam Almeida, President and CEO of TenantScreeningUSA.com opines: “Rental applications have long been ripe for Ban-the-Box legislation, one that would remove the question of criminal history on an application, and legislate when and if that question could be asked, thus furthering the challenges landlords face when vetting new tenants.”

The fair and legal use of Criminal Record History continue to come into question as a part of pre-employment background screening and Ban-the-Box, the question of criminal history on an application of employment, has rapidly spread across the country. Adam Almeida, President and CEO of TenantScreeningUSA.com states: “The idea of banning the box on rental applications could potentially grow in popularity especially as Ban-the-Box laws continue to spread in the workplace.”

Montgomery County, just outside of Washington DC in Maryland, is looking into legislation that would ban landlords from reviewing criminal history for certain types of criminal background records, thereby radically changing how a landlord may vet an applicate.

From Greater Greater Washington’s website on December 16, 2020:

Montgomery County Council is considering a bill that would prohibit landlords from considering some types of criminal records in rental applications. The bill is meant to curb discrimination that disproportionately affects renters of color. ⁽¹⁾

Previously, in Oakland, California, an ordinance The Oakland Fair Chance Housing Ordinance gave hope to citizens of that city that have a criminal history.

From US News & World Report on February 18, 2020:

On Feb. 4, Oakland’s City Council passed a new ordinance designed as a remedy, prohibiting public and private landlords from inquiring about potential tenants’ criminal histories. The new law, called the Oakland Fair Chance Housing Ordinance, is the most expansive of its kind in California and among the first for major American cities. Decades after the start of the “ban the box” movement, which aims to stop employers from discriminating against the formerly incarcerated, proponents hope it will also act as a new catalyst in the battle to secure equal opportunity for the more than 70 million Americans burdened by criminal records.⁽²⁾

The Montgomery County Ordinance could be the blueprint for future ordinances of this kind.

From Greater Washington’s website on December 16, 2020:

The bill would prohibit landlords in Montgomery County from conducting criminal background checks on potential renters until making a conditional offer. After that initial offer, landlords could look into tenants’ backgrounds, but it would then ban them from considering certain arrests and misdemeanors, including:

• Arrests that didn’t result in a conviction
• Trespassing, misdemeanor theft, indecent exposure, public urination, and open container violations
• Misdemeanor possession of marijuana
• Other misdemeanors if two years have passed since the date of conviction and the end of incarceration ⁽³⁾

Almeida concludes: “Landlords and/or property managers should conform to the best practice of working with a well-qualified third-party tenant screening agency, such as TenantScreeningUSA.com, in order to be kept aware of growing trends in tenant screening as well as potential changes to 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) ggwash.org/view/79893/montgomery-county-could-ban-the-box-for-rental-housing-applications

(2) usnews.com/news/cities/articles/2020-02-18/to-aid-ex-convicts-oakland-california-bans-criminal-background-checks-on-renters

(3) ggwash.org/view/79893/montgomery-county-could-ban-the-box-for-rental-housing-applications