Ban-the-box type regulations may impact Detroit rental applications and might be the first step in a wave of change that could significantly alter how the question of criminal history is handled in housing. Adam Almeida, President and CEO of TenantScreeningUSA.com opines: “Changes in how applications are managed and what preliminary questions, such as ones concerning criminal history, are utilized has revolutionized the pre-employment hiring process in many municipalities across the country and, now, these changes may be coming to rental applications.”

Change is a constant, and change continues to affect how criminal background records are used in application vetting. Pre-employment background screening, in some municipalities, employers are limited as to how they utilize criminal records as part of the vetting process. These Ban-the-Box laws are felt necessary to create a fairer hiring process by eliminating the potential of bias and discrimination from interfering with the process.

Almeida adds: “Viable housing goes a long way in defeating recidivism, as does gainful employment. Ban-the-box laws are designed to assist in creating a fair hiring environment. The same may hold true in the housing market.”

From CaseyGrants.org (Oct. 14,19):

Nearly all rental applications ask about criminal records. According to the FBI, 73.5 million Americans have a criminal record – defined as having a felony arrest. Landlords are known to consider felony and misdemeanor convictions, charges and arrests. ⁽¹⁾

And Detroit, Michigan may be leading the country in banning the question of criminal history on housing applications.

From the Detroit Free Press (Nov. 01, 19):

Giving more people a chance is the intention of a new ordinance in Detroit that “bans the box” asking about criminal history from most rental applications, preventing landlords from immediately disqualifying prospective tenants because of their convictions. ⁽²⁾

A “Ban on the Box” in Detroit would affect a great many people and could create opportunity in housing for those that had been challenged with a criminal record.

From the Detroit Free Press (Nov. 01, 19):

Formerly incarcerated people are nearly 10 times more likely to be homeless than the general public, according to a 2018 report by the nonprofit Prison Policy Initiative. People of color, women, those incarcerated more than once, and people recently released from prison are the most impacted. ⁽³⁾

Tenant screening that should be done in a fair and equitable manner, one that does not discriminant

“Ultimately,” Almeida states, “a best practice remains for landlords and/or property managers to work with a well-qualified third-party tenant screening agency such as TenantScreeningUSA.com in order to remain fully compliant with existing law, as well as potential and laws that could greatly affect 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) caseygrants.org/evn/desmond-meade-made-history-but-housing-is-still-out-of-reach/

(2) freep.com/story/news/local/michigan/2019/11/01/detroit-rental-application-ordinance-criminal-records/3851517002/

(3) ibid.

With the kids gone it’s time to downsize. But the best option may be to keep the house and rent it out. Or perhaps there is a nest egg to buy a small rental property, an investment to create additional income. Or, maybe, the apartment over the garage is finally cleaned out and ready for a renter.

So you want to be a landlord?

There are a number of things to take into consideration before becoming a landlord. There’s the expense in the original investment, maintenance of the property, and finding a renter.

And conducting a tenant background check.

Adam Almeida, President and CEO of TenantScreeningUSA.com, states: “Being a landlord is no simple task, one that requires patience and persistence. And an important part of being a landlord is fully vetting all tenants. A best practice for tenant screening is to work with a well-qualified third-party tenant screening agency to remain compliant with all law. And, keep in mind, laws can change frequently.”

Additionally, screening a tenant helps protect property and the investment. Investing in a rental property is a big financial commitment and one does not want to threaten financial standing through a bad tenant.

From Bizrate.com (Oct 4, 19):

Being stuck with a bad tenant can not only disrupt your cash flow, but it’s also one of the reasons landlords fail.

“People don’t screen their tenants adequately. One bad renter can ruin you,” … This can be especially true depending on your state’s landlord-tenant laws. (1)

Laws that govern tenant screening and reports utilized therein are often complicated and can change frequently. For a new landlord it can be overwhelming.

From Bizrate.com (Oct 4, 19):

It is important to “always know and understand your federal, state and local rental laws,” … “Many landlords learn the hard way that not being knowledgeable about the laws can end in costly lawsuits or lost rental income.”

The U.S Department of Housing and Urban Development (HUD) Fair Housing Act prohibits housing discrimination based on race, color, national origin, religion, sex, disability and familial status. In addition to federal discrimination laws, each state and city will have specific landlord-tenant laws and regulations.

“Knowing the law will help you stay in complete compliance with regard to safety issues,” … “Not knowing will not protect you from legal action.” (2)

Being a landlord can be very rewarding, as long as you have the tools to do it. Adding a tenant screening agency to your tool box is a best practice.

Almeida concludes: “Working with a tenant screening agency is critical and well worth it. The cost of not being in compliance is far higher than a simple tenant check. Additionally the cost to perform a thorough tenant check is negligible compared to the monthly rental income.”

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 practices. 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) bankrate.com/real-estate/becoming-a-landlord-do-you-have-what-it-takes-to-manage-property-and-people/

(2) ibid.

Across the nation challenges in rental housing continue to grow exponentially. Demand continues to grow and, subsequently, so does cost to rent; thereby forcing parts of the population to become a greater risk for homelessness.

Adam Almeida, President and CEO of TenantScreeningUSA.com notes: “As rental housing becomes increasingly scarce, the cost to rent increases in a typical supply and demand scenario, but the real challenge is that families are getting squeezed out of housing and options are becoming limited.”

The ordinance in Minneapolis seeks to limit the use of criminal records history and evictions records. In theory this practice will allow more individuals access to housing.

From StarTribune.com (Aug 29, 19):

The Minneapolis City Council’s Housing Policy and Development Committee approved moving the ordinance to the full council after the three-hour public hearing. The full council is expected to take it up next month.

The ordinance would limit how far back landlords can consider an applicant’s criminal and eviction histories, cap security deposits and limit how credit scores are used.

The public hearing caps a bitter summer long standoff between tenants and landlords that has put Minneapolis’ struggle to solve — or at least curb — the city’s affordable-housing crisis on full display. ⁽¹⁾

The proposal will certainly affect landlords.

From StarTribune.com (Aug 29, 19):

The proposed rule would mean landlords can’t deny an applicant on the basis of a misdemeanor if the case is three-plus years old and seven-plus years old for felonies, and in certain cases of arson, assault or robbery more than 10 years old. Council members are also aiming to curb the effect of eviction judgments by not allowing them to be considered if they are more than three years old. The ordinance would also limit how credit screenings are used, including preventing landlords from denying an applicant because of insufficient credit history. The proposed ordinance would also cap the amount landlords can charge for a security deposit at a month’s rent. ⁽²⁾

Opponents let their opinions be known as well, citing that safety could be compromised and the true cause of the housing crisis, lack of affordable housing, has not been addressed.

From MinnPost.com (Aug 28, 19):

The Minnesota Multi Housing Association (MHA), which advocates on behalf of some 1,900 property owners, disagrees. At the hearing, members of the group reiterated their argument

that the council has embarked on a misguided effort to increase renters’ access to housing — one that could have unintended consequences for the city’s rental market and tenants’ safety — while doing nothing to get at the root cause of the issue: a lack of affordable housing. ⁽³⁾

The decision in Minneapolis has not been finalized and there is another month before the final vote is taken. But with housing an issue across the country many municipalities may look to Minneapolis as the road map of managing housing challenges.

Almeida states: “In the end a best practice remains that landlords and property managers should work with a well-qualified third-party tenant screening agency in order to stay compliant with existing law as well as potential 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 tenant screening needs.

Notes:

(1) startribune.com/minneapolis-tenants-landlords-square-off-over-limits-on-screening-tenants/558625472/

(2) ibid

(3) minnpost.com/metro/2019/08/minneapolis-holds-first-public-hearing-on-controversial-tenant-screening-proposals/

Across the country identity theft continues to be an enormous challenge. Seemingly every day there is another announcement of a significant data breach, one that exposes millions of people to identity theft.

Recent data breaches include:

• Capitol One – 100 million People
• Equifax – 143 million People
• Marriott – 383 million People ⁽¹⁾

The information gained and the results of a data breach varies, but the numbers involved should make everyone that exchanges data cautious.

Adam Almeida, President and CEO of TenantScreeningUSA.com states: “Companies that use critical data such as social security numbers and consumer credit reports must provide the greatest security possible in order to protect data. It is not always easy, as seen with recent data breaches, but diligence and maintaining the most secure protocols goes a long way.”

However, in Charlotte, North Carolina, one family experienced identity theft when an individual started renting apartments using stolen data.

From WSOCTV.com (Jul 11, 19):

One of the apartments in her name was at Somerstone Estates. The manager there told Channel 9 this looks like a subleasing scheme they’ve seen before, where someone rents an apartment with stolen information and then finds someone else to sublease it and pays them directly. ⁽²⁾

But identity theft can potentially take place from within.

In Salt Lake City a live-in maintenance worker went back to prison for a parole violation. In the course of searching her room officials discovered critical personal data of the residents. Access to this data was not part of the maintenance worker’s job description. ⁽³⁾

Almeida adds: “Renting a property is stressful for both parties. Landlords need to vet potential renters and verifying critical data such as consumer credit history and eviction records is an important part of the process. And for renters providing this data, there is always a concern about the security of information provided. Ultimately, using a hyper secure data portal for tenant screening such as SmartMove may be the answer.”

TenantScreeningUSA.com in partnership with TransUnion provides SmartMove.

Landlords – It’s most likely been a challenge to obtain the background information you need to get a more complete picture of your rental applicant-until now. Gain access to your potential tenant’s credit report, criminal report and a leasing recommendation without costly onsite inspections, monthly minimums or annual fees. Since the renter is part of the process, the renter consents to having his or her information viewed by you.

Renters – For the first time, rental applicants have some control over their sensitive, private data when it comes to background checks. Typically, you’d give your potential landlord your Social Security number (SSN) as part of your lease application. But they don’t need your SSN, and chances are, they don’t want it. With SmartMove, you verify your identity to TransUnion and they send the landlord only your credit and criminal history. Identifying data like SSN, birth date and account numbers are masked to protect your privacy.

For more information please go to www.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 tenant screening needs.

Notes

(1) cnet.com/how-to/its-not-just-equifax-heres-every-major-security-breach-and-data-hack-so-far/

(2) wsoctv.com/news/-i-want-my-info-back-apartments-rented-out-by-identity-thieves/965192011

(3) sltrib.com/news/2019/04/11/salt-lake-city-apartment/

Across the country numerous changes to tenant screening laws should alert landlords and/or property managers to work closely with a well-qualified third-party tenant screening agency, such as TenantScreeningUSA.com, in order to remain fully compliant with existing and new law.  Adam Almeida, President and CEO of TenantScreeningUSA.com opines: “Mid-year is often the time new laws get enacted and in 2019 this thought remains true; and should alert landlords and/or property managers to the urgency of remaining compliant with every changing law.”

Housing continues to be a challenge across the country and as lawmakers take up the challenge of housing changes occur with laws governing tenant screening.  This attempt to manage and control rental housing may lead to confusion over the legal and lawful use of tenant screening documents.  Subsequently, landlords and/or property managers should work with a well-qualified, third party tenant screening agency, such as TenantScreeningUSA.com.

In California State legislators continue to battle homelessness and affordable rental, two challenges that go hand in hand.

From the website of the Sacramento Bee, (Jul 01, 19):

One of the few remaining tenant protection measures still alive in the California Capitol became a two-for-one bill this weekend, after lawmakers amended rent cap legislation to include eviction restrictions.

The strengthened Assembly Bill 1482, which limits rent increases to no more than 7 percent plus inflation, now also prohibits owners from evicting residents under certain circumstances. ⁽¹⁾

Almeida adds: “Evictions have always been an important tool for landlords in managing their property.  With changes to eviction laws, landlords must take greater care in managing their use of evictions.”

In Washington DC lawmakers are taking a different direction in managing rental housing and ease of availability by changing law to allow for expungement of eviction records.

From DC.Curbed.com (Jun 28, 19):

That could change under legislation proposed this month by Ward 3 D.C. Councilmember Mary Cheh. As drafted, it would allow D.C. judges to seal or expunge eviction records in a number of circumstances, and it would also require them to seal all eviction records three years after an eviction proceeding is resolved in court. Cheh says the goal is to offer “long-needed relief to tenants” and help ensure that evicted renters can find affordable housing.

“An eviction is a permanent mark on a tenant’s record, harming one’s ability to find safe and secure housing,” she said during a June 18 D.C. Council meeting. “Eviction records can have devastating consequences for tenants. Landlords may charge a higher rent based upon the presumed risk posed by the tenant, or they may refuse to consider the tenant’s application outright.” The harms are acute for those who have experienced homelessness, Cheh added. ⁽²⁾

Finally, and, perhaps, most importantly the State of New York has enacted a wide-range of laws governing tenant screening and housing.  Just as changes in housing laws in Portland and Seattle can have broad reaching affects, changes to New York law can have a national impact as well.

From NewYorkTimes.com (Jun 21, 19):

Taken together, the new laws — on everything from evictions to security deposits to rent caps for residents of mobile homes — represent a significant power shift away from landlords and cement New York’s standing as a national leader of policies favorable to renters, of which there are 8.2 million statewide. ⁽³⁾

Almeida concludes: “The citations herein are only the tip of the iceberg, regarding change to tenant screening laws, specifically the use of eviction records.  A best practice remains that landlords and/or property managers should work with a well-qualified third-party tenant screening agency, such as TenantScreeningUSA.com”

TenantScreeningUSA.com provides full service tenant screening products 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 tenant screening needs.

Notes:

1. sacbee.com/news/politics-government/capitol-alert/article232144507.html
2. dc.curbed.com/2019/6/28/19102673/evictions-housing-landlords-tenants-court-rent-displacement
3. nytimes.com/2019/06/21/nyregion/rent-laws-new-york.html?auth=forgot-password&referring_pv_id=dIQH-DKGXA6FRb4zPkgdy3ba

Recent legislative efforts in Minneapolis and Portland to change tenant screening laws provides foreshadowing to potential change across the country. Adam Almeida, President and CEO of TenantScreeningUSA.com opines: “With Portland aggressively moving to change tenant screening regulations, and Minneapolis not too far behind, landlords and property managers should be working with a well-qualified third-party tenant screening agency in order to remain fully compliant with new and existing law.”

The cities of Portland and Minneapolis continue to lead the nation with potential changes to tenant screening and laws that govern use of public records; an effort that could lead to other changes across the nation. Adam Almeida, President and CEO of TenantScreeningUSA.com opines: “Any time there are potential changes to tenant screening landlords and property managers should take note; and when two large cities pursue similar legislative action landlords and/or property managers should work with a well-qualified third-party tenant screening agency in order to remain fully compliant with all law.”

Large cities and towns across the country face the continuing challenge of affordable housing, specifically with rental housing. Low cost housing is increasingly scarce and cities, such as Portland and Minneapolis, are looking for ways to allow tenants greater access. Subsequently, as these efforts arise landlords and property managers sometimes push back.

It is an ongoing challenge.

From the Minneapolis Star Tribune (May 31, 19):

Minneapolis City Council members are drafting a new ordinance that would limit how landlords use credit, eviction and criminal history to screen prospective tenants.

As city officials search for ways out of the affordable housing crisis, they are taking aim at a long-running point of contention in the housing debate: the tenant screening process. Housing advocates say the process does not give a full picture of an individual’s ability to be a good tenant.

But property owners say restricting their ability to screen tenants would prevent them from having enough information about potentially unsuitable applicants. ⁽¹⁾

Almeida adds: “Minneapolis is only the most recent city to review tenant screening policies as a means of easing challenges with housing, but as landlords and property managers know tenant screening can be an important tool in vetting potential tenants. If done fair and equal across all applicants, tenant screening can be successful in assisting landlords and property managers make a sound decision on candidates.”

Efforts to change tenant screening policy continue unabated in Portland, Oregon.

An article in wweek.com (May 22, 19) discusses Portland’s on-going efforts:

“This proposal also helps reduce barriers to housing for a population that has faced unjust obstacles in our community for far too long – those who have been incarcerated,” they wrote. “This ordinance uses research-based criteria to identify low-risk characteristics that would help former offenders obtain housing and not be perpetually punished for long-past offenses. This would help reduce the cycle of incarceration and homelessness for many in our community and help get people back in stable housing and on their feet again.” ⁽²⁾

Almeida concludes: “In the end when larger cities, such as Minneapolis and Portland, work on change on tenant screening policy and law in order to resolve an issue that has spread across the country, property managers and landlords should take note. A best practice remains, now more than ever, to work with a well-qualified third-party tenant screening agency in order to stay fully compliant with law.”

In the end Tenant Checks do not have to “break the bank.” TenantScreeningUSA.com is a third-party tenant screening company that offers affordable, thorough, and secure background screening for landlords and property managers. TenantScreeningUSA.com can create a tenant screening package unique to the requirements of rental properties large and small.

Notes:

(1)   startribune.com/minneapolis-considers-limiting-landlords-ability-to-screen-tenants/510644802/

(2)   wweek.com/news/city/2019/05/22/four-multnomah-county-commissioners-endorse-portlands-proposed-tenant-screening-and-security-deposit-ordinances/

Numerous communities across the country face a rental housing crisis, one that continues to boil.  Eventually it could become the “front and center” challenge that pushes politicians to make bold statements and complicated laws.  For now people are finding different means of rental housing.

Rental housing comes in a variety of forms and the most common type is an apartment.

Apartment living has become a very popular type of housing for millennials as they tend to be more transitory than previous generations.  Having lived through the Great Recession in the early 2000s has made them skittish about settling down and, further, they also have no fears in traveling around the country in search of the perfect job.

Moreover, the ability to move around the country and working high paying jobs has allowed millennials, and others, to pay more for rental housing.  Additionally, they have placed greater demands on amenities, such as roof top pools, concierge services, and on-site gyms, and they are willing to pay for it.

The option of paying more for a smaller apartment is not for everyone and one of the options might be renting out a room in a single family dwelling or larger apartment. As generations grow older, kids grow up and move away, downsizing from a house that is paid for might not be the next step.  Renting out a room may be a good way to earn additional income.  And, in other cases, having someone to share the rent is not a bad thing.

Adam Almeida, President and CEO of TenantScreeningUSA.com states: “Renting out a room should be handled in the same way as renting out an entire property.  Applicants should go through a thorough vetting process, one that includes a tenant check.”

From a recent article posted to WTOP.com (Apr. 25, 19):

It isn’t enough for a tenant to look good on paper. “Tenant screening for live-ins is critical,” says Glenn Carter, the chief editor of Condo.Capital, an Ottawa, Ontario-based digital content platform for condo buyers and real estate professionals. “I’ve heard so many horror stories of bad tenants making your life difficult by being messy, not respecting the space, being up all hours of the night and so on,” Carter says. He also suggests walking the prospective tenant back to his or her car “to see how tidy they keep it” to get a sense if the tenant is neat. ⁽¹⁾

Almeida adds: “Whether it is a room in a house, the spare room in an apartment, or the Mother-in-law apartment over the garage, a tenant check goes a long way in understanding and verifying the information provided on a tenant application.”

Tenant reports often include (but are not limited to):

• Consumer credit report
• County Criminal History report – Statewide Criminal Check or National Criminal Background Check
• Sex Offender report
• Eviction Records report

Almeida concludes: “A best practice remains for anyone wanting to rent out a room, especially in letting a potential stranger in a household, is to conduct a thorough interview and investigation, one that includes a tenant check.”

In the end Tenant Checks do not have to “break the bank.”  TenantScreeningUSA.com is a third-party tenant screening company that offers affordable, thorough, and secure background screening for landlords and property managers.  TenantScreeningUSA.com can create a tenant screening package unique to the requirements of rental properties large and small.

Notes:

(1)             https://wtop.com/news/2019/04/considerations-when-renting-out-a-room/

Tenant screening is an incredibly important tool, one that should be utilized by property managers and landlords managing properties of every size.  Adam Almeida, President and CEO of TenantScreeningUSA.com opines:  “The primary responsibility of a landlord is protection:  Protection of property, existing residents, and the perception of the property within the larger community.  Subsequently, working with a well-qualified tenant screening agency, such as TenantScreeningUSA.com, remains a best practice for risk mitigation.”

Tenant screening is an important tool for landlords and property managers, and should be used to vet potential new residents of a rental property.

Almeida states: “Tenant screening is a primary tool landlords can utilize in vetting residents as a tenant check will verify information provided by a candidate on an application and during an interview.”

From Forbes.com (Jan. 31, 18):

…No. 1 priority for a profitable rental investment is finding good tenants. Make sure you or your property manager properly screen future renters by accessing quality tenant screening reports. Do not rely on your gut or a story from a “nice-looking” renter. Check verifiable reports to get an honest picture of your future tenant… ⁽¹⁾

Among the reasons to conduct a tenant check are:

1. Financial – Loss of income is the bane of any investor of rental properties.  It does not matter if the property is single unit or multiple units; empty properties are an obvious problem. And it only takes one bad tenant to allow a property to lose money. Protecting the actual property from damage is a challenge and may not always be vetted out via a tenant check; however a tenant check does have the power to mitigate potential risk to property.
2. People – In order to have the financial goals successful a landlord needs to make sure long-term renters are protected.  The loss of stable income should a “bad tenant” take up residency could be significantly damaging. Long-term renters can also provide reference to other potential long-term renters.
3. Perception – Landlords and property managers may not always consider the perception or reputation of a rental community but renters do.  If a property has the perception of being inadequate, unsafe, and unkempt those high value long-term renters may not consider such a property.

Almeida adds: “Landlords know their responsibility, one that includes property, people and perception, and they should be using a well-qualified third-party tenant screening agency, such as TenantScreeningUSA.com.”

Typical tenant screening reports may include:

1. Consumer Credit reports – This report will assist a landlord in understanding a potential tenant’s ability to fulfill the fiscal requirements of any rental arrangement.
2. Criminal History Reports – Criminal History assist a landlord in determining the potential risk that may occur with a potential applicant.  But it should be noted that criminal history reports remain controversial in tenant screening and landlords should work closely with a tenant screening agency to understand laws governing such use.
3. Eviction Records – This report highlights the history of a renter and may assist in avoiding additional eviction actions.
4. References – Perhaps the most important and yet underutilized verification.

Almeida states: “Reference verification may be one of the most helpful activities a landlord can utilize.  Confirming references from previous landlords could greatly assist.”

In the end a best practice for landlords and/or property managers should be working with a third party tenant screening agency, such as TenantScreeninUSA.com, in order to stay compliant with law, as well as providing the most current and applicable data available.

In the end Tenant Checks do not have to “break the bank.”  TenantScreeningUSA.com is a third-party tenant screening company that offers affordable, thorough, and secure background screening for landlords and property managers.  TenantScreeningUSA.com can create a tenant screening package unique to the requirements of rental properties large and small.

Notes:

(1) forbes.com/sites/forbesrealestatecouncil/2018/01/31/cash-flow-killers-to-your-real-estate-investment/#312eac3f5b5c

A recent ruling by the United States Court of Appeals for the Second Circuit rules that FHA landlords may be held liable for Tenant-on-Tenant Harassment. (Case Donahue Francis v. Kings Park Manor Inc., Corrine Downing et. al.; (2:14-cv-03555))  Adam Almeida, President and CEO of TenantScreeningUSA.com, states: “Significant rulings, such as the recent decision by the 2nd Circuit Court, should immediately alert landlords and property managers to review screening policies and insure the most vigorous tenant checks are conducted to keep existing and new tenants safe.”

The Second Circuit court recently ruled on a Tenant-on-Tenant case (2:14-CV-03555) and noted that FHA landlords may be liable for such harassment.  Adam Almeida, President and CEO of TenantScreeningUSA.com, notes:  “One of the most critical responsibilities of a landlord is in protecting existing and new tenants, and this process can be best served by a thorough tenant check; one conducted by a well-qualified third-party tenant screening agency.”

Recently the Second Circuit court ruled on a Tenant-on-Tenant harassment case, a ruling that could have significant repercussions for landlords and, potentially, tenant screening.

From BusinessInsurance.com (Mar. 05, 19):

The federal Fair House Act is analogous to Title VII of the Civil Rights Act of 1964 in holding a landlord can be held liable for failing to promptly respond to a racially hostile housing environment, says a federal appeals court in a divided opinion that overturns a lower court ruling.

In 2010, Donahue Francis, a black man, signed a rental lease agreement with Kings Park, New York-based Kings Park Manor Inc. and moved into an apartment unit of a KPM-owned complex managed by Corrinne Downing, according to Monday’s ruling by the 2nd U.S. Circuit Court of Appeals in New York in Donahue Francis v. Kings Park Manor Inc., Corrine Downing et. al.

After several uneventful months, Mr. Francis’ next-door neighbor began to subject Mr. Francis “to what only can be described as a brazen and relentless campaign of racial harassment, abuse, and threats,” said the ruling. ⁽¹⁾

“In finding that landlords may be held liable for tenant-on-tenant harassment,” Almeida states, “a thorough tenant check becomes all-the-more critical.”

A primary responsibility of a landlord is the protection of property, person, and perception or reputation.  A tenant check can greatly assist in vetting an applicant and assist landlords in making a well informed decision.

The complicated finding reveals that FHA landlords have a specific responsibility in protecting their tenants.

From theLaw.com (Mar 05, 19):

The federal housing authority itself had found, and promulgated rules that found, a hostile harassment environment between tenants to be a violation under federal housing rules—and that a housing provider can be held liable, as the authority said in its amicus brief filed in the case, “in certain circumstances for failing to address tenant‐on‐tenant harassment.” ⁽²⁾

“In the end,” Almeida states, “rulings such as the recent 2nd Court finding should alert landlords and/or property managers to work closely with a tenant screening agency to insure their screening policies are as thorough and as complaint as possible and to avoid the potential for discrimination.

TenantScreeningUSA.com is a third-party tenant screening company that offers thorough, affordable, and secure tenant checks for property managers large and small.  TenantScreeningUSA.com is fully compliant with all local, state, and federal regulations that enforce the tenant screening industry.  They are also a proud member of NAPBS.

Notes:

1.     businessinsurance.com/article/20190305/NEWS06/912327079/Landlord-can-be-responsible-for-tenant%E2%80%99s-racist-actions-court-rules
2.     law.com/newyorklawjournal/2019/03/05/second-circuit-rules-fha-landlord-can-be-liable-for-tenant-on-tenant-harassment/?slreturn=20190209122539

All landlords and property managers know the importance of tenant screening a prospective tenant.  Or, at least they should.

Tenant screening is one of the critical components of a thorough background check on all prospective tenants.  On a whole the vetting process entails several components, starting with the application process.  Every application must be treated equally and in accordance with the law.  Now, more than ever, cities and counties are controlling how tenant applications are managed, especially in tenant friendly cities such as Seattle and San Francisco.

Another important piece of the vetting process is a tenant interview.  Questions should be short and direct, but also open ended.  An interview should be more of a conversation, one that probes deep enough to get a sense about the applicant, essentially working on risk mitigation and developing an understanding of what affect, if any, a new tenant will have on the property and community.

Finally, the tenant background check.

Being central to tenant screening overall, a tenant check is concerned primarily with quantitative data that will allow a landlord and/or property make a well informed decision about a perspective tenant.

From ForeignPolicy.org (Feb 02, 19)

The right tenant can be a joy. They pay on time, have a good relationship with neighbors, and keep your property in good shape. The wrong tenant, however, can be a nightmare. They may trash your place, put you behind with bills, or cause trouble for other tenants or neighbors. ⁽¹⁾

Adam Almeida, President and CEO of TenantScreeningUSA.com states: “There are several public records and numerous verifications that would –prove highly beneficial to the tenant check.  Key are Criminal History Reports, Consumer Credit Reports, and Eviction Records, to name a few.  References could include personal and professional references, as well as previous landlord references.”

Combined with an interview the tenant check allows a landlord to get a better understanding of the candidate.  One of the most important aspects of this process is, as mentioned, risk mitigation.  A landlord and/or property manager has a responsibility to the existing tenants, ownership of the property, and the community at large.

Almeida states: “A tenant check is an inexpensive tool a landlord can use to get this important information.  And utilizing a third-party tenant screening agency can provide great value insomuch with keeping landlords up-to-date with current and potential laws governing tenant screening, and helping these landlords stay fully compliant with law.”

More and more landlords are coming under fire by new laws governing how key reports within a tenant check are utilized.

In Seattle, attempts are being made to quell homelessness via legislation.   Changes to eviction laws could create challenges for landlords in the vetting process.⁽²⁾

Almeida adds: “Is tenant screening important?  Absolutely.  It is a critical tool in evaluating and confirming information provided by applicants.  It provides the information that landlords need in order to maintain a safe environment for existing tenants, protecting property, and the community at large.”

TenantScreeningUSA.com is a third-party tenant screening agency that offers thorough, affordable, and secure tenant checks for property managers large and small.  TenantScreeningUSA.com is fully compliant with all local, state, and federal regulations that enforce the tenant screening industry.  They are also a proud member of NAPBS.

Notes:

(1)   foreignpolicyi.org/why-checking-the-background-of-prospective-tenants-is-essential/

(2)   seattletimes.com/seattle-news/politics/state-legislature-trying-to-tackle-homelessness-through-eviction-reform/