In Light of Recent Guidance from HUD, Sex Offender Registry Checks Presumed to Remain Lawful?

In April 2016 the Department of Housing and Urban Development released a new “guidance” governing the use of criminal history reports as part of a tenant background check.  Essentially, criminal background records should be severely limited in use due to the potential of discrimination against various protected classes.

From WestfairOnline.com (Apr. 14, 16):

The HUD Office of General Counsel (OGC) finds that because African-Americans are arrested and convicted in higher numbers compared to the general population, they suffer a disparate impact when landlords disqualify tenants solely on the basis of arrests or felony convictions. (1)

In certain cases, specifically in the public housing area, exceptions remain regarding the use of criminal history.

From Lexology.com (Apr. 29, 16):

HUD’s regulations require a criminal background check of applicants for federally-assisted public housing and reject those having a household member who is currently using illegal drugs, has been previously evicted from federally-assisted public housing for drug-related criminal activity in the past three years, or is a registered sex offender. State and federal regulations also list other prior criminal activity that may, but is not required to, be disqualifying. (2)

Adam Almeida, President and CEO of TenantScreeningUSA.com states:  “Access to sex offender registry for purposes of tenant screening in the private sector is not well defined, at least in regards to the new guidance. As it is a very important record and approved for public housing screening the potential for the lawful use of sex offender reports appears high for private sector tenant screening.”

The question of utilizing a sex offender registry is important.  Technically, a sex offender registry is a report of criminal records, which is prohibited by the HUD guidance.  However, without specific inclusion it may be presumed lawful.  The vagueness of this detail highlights the need for a third-party tenant screening company to conduct tenant checks.

Almeida states:  “A third-party tenant screening company will remain up-to-date in all laws governing the use of criminal records and histories as part of a tenant check, including sex offender registry records.”

From Washington Multi-Family Housing Association (www.wmfha.org; Apr. 14, 16):

Unfortunately, the HUD Guidance does not mention sex offenders or persons with convictions for terrorism.  We can only assume that this was an oversight and that landlords can still reject persons with sex offenses who are required to register as sex offenders under state law.  (3)

The span and scope of the new HUD guidance has not gone without criticism, especially in regards to clarity over the lawful use of sex offender registry.

From an Op-Ed on GrantCountyBeat.com (Apr. 15, 16):

There is only one specific exception to the rule; those convicted of manufacturing or distributing illegal drugs. Why not sex offenders too? So if I decide that someone with a history of burglary or assault, maybe 2 or 3 convictions, is not eligible, because I want to protect my property and/or the neighbors, I now have to consider whether or not I’ll be accused of unfair discrimination and could potentially lose my property because I don’t have the cash to pay the fine. (4)

Almeida states:  “Ultimately working with a third-party tenant screening company is a best practice.  A tenant screening company will have the knowledge and understanding of all laws and regulations, and guidance, governing the fair, legal, and lawful use of public records, including sex offender registry records.”

TenantScreeningUSA.com is a third-party tenant screening company with highly trained and skilled operators working within the rules and regulations of tenant screening as defined by HUD and the Fair Housing Act.  With the ability to access information from databases and county courthouses, TenantScreeningUSA.com can provide the information required for landlords and tenants of properties large and small.

Notes:

  1.  westfaironline.com/78758/column-hud-protects-a-criminals-right-to-housing
  2.  lexology.com/library/detail.aspx?g=b3336cb2-3efe-4bb2-b5f1-84c9026cd532
  3.  wmfha.org/news/284524/New-HUD-Guidance-on-Criminal-Background-Screening-and-Fair-Housing.htm
  4. grantcountybeat.com/columns/undeniably-right/28518-new-hud-rule-will-hurt-landlords-and-tenants

 

New HUD Guidance to Have Broad Affect on Housing Market, Including LGBTQ Community, States TenantScreeningUSA.com

Recently the Department of Housing and Urban Development released a new guidance regarding the fair and lawful use of Criminal Records as part of the vetting process for new tenants.  Adam Almeida, President and CEO of TenantScreeningUSA.com, a well known and widely respected third-party tenant screening company, states:  “With the new guidance from HUD, private property landlords and property managers must pay close attention to their tenant screening policies, and must insure the fair and lawful use of criminal records so as to not illegally preclude housing to individuals of a protected class, such as the LGBTQ community.”

With the release of new guidance by the Department of Housing and Urban Development the legal and lawful manner in which criminal background records are used as part of the tenant vetting process have been fundamentally changed.  Adam Almeida, President and CEO of TenantScreeningUSA.com states:  “Essentially HUD has stated that housing cannot be denied to individuals with a criminal history.”

From DallasVoice.com (Apr. 04, 16):

The Department of Housing and Urban Development today (Monday, April 4) released a new policy that would eliminate housing discrimination against people with a criminal history.

The new policy clarifies that using criminal history to justify a negative housing decision, such as the refusal to rent to or renew a lease for someone, or the refusal to sell to or to give someone a mortgage on a new home, may violate the Fair Housing Act. (1)

HUD is tasking with the enforcement of the Fair Housing Act as well as the elimination of intolerance and discrimination against protected classes.  One such class is the LGBTQ community.

From DallasVoice.com (Apr. 04, 16):

“We know [LGBT people] are disproportionately likely to be involved with the criminal legal system. A lack of stable housing exacerbates challenges for people who may also struggle with getting jobs, physical and mental healthcare, and other supports based on their criminal record. We look forward to seeing how providers change their standards to comply with this clarifying guidance.” (2)

Certainly the availability of affordable housing is a critical issue affecting many of the major cities across the United States, and the ability to find housing while living with a criminal record further compounds the challenge.

From NationalHomeless.org (No date provided):

LGBT (Lesbian, Gay, Bisexual, Transgender) individuals face a particular set of challenges, both in becoming homeless as well as when they are trying to avoid homelessness. LGBT persons face social stigma, discrimination, and often rejection by their families, which adds to the physical and mental strains/challenges that all homelessness persons must struggle with. (3)

Almeida states:  “These changes by HUD have a broad impact.  Subsequently, it is extremely critical that landlords and property managers of private property rental units work with a third-party tenant screening company in order to remain fully compliant with the law, and regulations.  HUD will increasingly scrutinize rental transactions and policies, and failure to comply could be costly.”

TenantScreeningUSA.com is a third-party tenant screening company well versed in all laws and regulations governing the use of personal data gathered for tenant background checks.  With a highly trained staff, TenantScreeningUSA.com can develop fully compliant and highly effective screening packages for properties large and small.

Notes:

(1)               dallasvoice.com/national-lgbtq-task-force-praises-hud-guidance-targeting-discrimination-based-criminal-history-10217163.html

(2)               dallasvoice.com/national-lgbtq-task-force-praises-hud-guidance-targeting-discrimination-based-criminal-history-10217163.html

(3)               nationalhomeless.org/issues/lgbt/

 

The Use of Criminal Records in Tenant Screening May be Poised for a Change, States TenantScreeningUSA.com

Recently, actions by the Department of Housing and Urban Development (HUD) severely limiting the use of criminal histories as a part of tenant screening in the public housing section points to a potential change in the private sector as well.  Adam Almeida, President and CEO of TenantScreeningUSA.com states:  “The actions of HUD combined with recent public outcry strongly suggests the use of criminal records as part of tenant screening may be set for a change and the use of a third-party tenant screening company is now increasingly important.”
In late 2015 the Department of Housing and Urban Development released new guidance over the fair and lawful use of criminal records as part of the tenant vetting process in public housing. (1)  Adam Almeida, President and CEO of TenantScreeningUSA.com states:  “New guidance rules from HUD regarding the use of criminal records and public housing combined with growing public outcry suggests that laws and regulations governing criminal background records used with tenant screening will be modified; and it is now critical that landlords and property managers work with well qualified third-party tenant screening companies in order to ensure continued compliance.”

In the last several years the Equal Employment Opportunity Commission has attempted to limit the use of criminal records as part of the pre-employment vetting process.  Tasked with upholding laws against discrimination of all forms, the EEOC has worked with HUD in order to reduce and eliminate discrimination in housing.

Almeida states:  “Governmental agencies continue to work toward a discrimination-free work and living environment.  They continue to push for greater protections and law in order to work toward this goal.”

Housing has long been an area of concern, especially as related to individuals with criminal records.  Finding housing that will accept someone with a conviction is a significant challenge, especially with women.

From HumanityInAction.org (No date given):

Since 1977 female imprisonment in the United States has ballooned 757 percent. Female incarceration rates are rising faster than any other population. Upon release from prison, in order to successfully reenter their communities, women identify housing as one of their most urgent needs. A safe, decent and affordable home is essential for human survival and dignity.

However, women with criminal records are often denied access to housing, a violation of what many consider a basic human right. An overwhelming majority of women leaving prisons across the country are low-income women of color. Women of color comprise 60 percent of female inmates, and black women are about six times more likely to be incarcerated than white women. (2)

As individuals attempt to reenter the workplace housing will remain a high priority.  Unfortunately, in many instances, the appearance of a criminal record on a housing application may remove that individual from consideration.  Subsequently, many ex-cons reentering society are left with few options.

From an opinion piece on www.BuffaloNews.com (Feb. 20, 16):

Studies show that barriers in housing contribute to criminal recidivism. Therefore, as long as background checks limit housing opportunities for formerly incarcerated individuals, we as community members have enormous impact on the success of someone’s release. Access to housing can be the difference between returning to prison or retaining employment, reuniting with family and reintegrating. (3)

Almeida states:  “Just as Ban-the-Box legislation started as a grass roots movement and significantly altered the way criminal records can be used in pre-employment background screening, so too will the use of criminal records as utilized with tenant screening.  It is likely that HUD will begin to use the court system as a means of enforcing the fair and legal use of criminal records in housing and landlords and property managers must be prepared for change.  Working with a third-party tenant screening company is a best practice and now an urgent need.”

TenantScreeningUSA.com is a third-party tenant screening company well versed in all laws and regulations governing the use of personal data gathered for tenant background checks.  With a highly trained staff, TenantScreeningUSA.com can develop fully compliant and highly effective screening packages for properties large and small.

Notes:

(1)   portal.hud.gov/hudportal/documents/huddoc?id=PIH2015-19.pdf

(2)   humanityinaction.org/knowledgebase/178-the-second-sentence-obstacles-to-public-housing-in-new-york-city-for-women-with-criminal-records

(3)   buffalonews.com/opinion/another-voice/another-voice-time-to-reframe-criminal-background-checks-in-housing-20160220

 

TenantScreeningUSA.com Comments on Recent Legislative Action for Housing Reform in Washington State

Tenant screening is an important tool used by landlords and property managers in vetting potential renters, and a wide variety of public records including sex offender, consumer credit, and eviction reports are often utilized.  Adam Almeida, President and CEO of TenantScreeningUSA.com comments:  “Recently the Legislation in Washington State moved to reform housing policy, including a universal background screening form, and this further indicates the continual change in the laws and legislation governing tenant screening.”
Tenant screening is a critical tool in vetting potential tenants used by landlords and property managers.  Adam Almeida, President and CEO of TenantScreeningUSA.com states:  “In Washington State there is legislative action working toward a universal renter application as well as a move to highly define how evictions and potential evictions are noted.  This action could be a potential first step toward broader changes across the country regarding tenant screening.”

Laws and legislation governing tenant screening and the documents utilized in that process change on a continual basis.  Every year cities, states, and, on occasion, the federal government attempt to further define and stratify the legal use of public records and related data used for a tenant background check.

On a federal level the Department of Housing and Urban Development remains the legal arm regulating tenant screening as it relates to public housing specific and private housing in general.  Recent actions by HUD have eliminated the use of criminal records, sometimes refered to as criminal histories, as a part of the vetting process for public housing.  Actions such as these enacted by HUD often times migrate into the private section.

One need only look at the actions of the Equal Employment Opportunity Commission and their actions related to the use of criminal histories as part of the pre-employment screening process.  These may be seen as the precursor of actions by HUD.

At the state level Washington State’s legislative body is attempting to affect housing policy in a positive manner.

From CrossCut.com (Feb. 05, 16):

Loosely, the bills focus on three main areas: designating a universal renters’ screening form; setting up tax incentives for affordable housing; and adding an option for cities to use land seized for nonpayment of taxes to build affordable housing units. The background check would potentially save apartment-hunters hundreds of dollars by designating a single, universal background screening form that landlords could choose to accept. The tax credits would let nonprofits and housing developers claim different property tax exemptions when they used property for affordable housing, or included affordable units in developments. (1)

Adam Almeida, President and CEO of TenantScreeningUSA.com comments: “The idea of a universal rental form is unique in the Washington State proposal.  By all appearances it is an attempt from a higher governmental level to create a simpler process for the applicant.  For the landlords there may be the opportunity for more applicants.”

Any action by governmental body is one that should be carefully considered and reviewed.

Almeida states:  “Actions by the state also a greater interest in the tenant screening process.  Combined with the federal activities by HUD one gets the sense that change will continue to affect the tenant screening process.  Just as change continues with pre-employment screening change remains inevitability with tenant screening.”

The Washington legislative action is evidence of continued change with tenant screening.

From CrossCut.com (Feb. 05, 16):

In full, the bill defines what the universal screening form would consist of, and requires all landlords to notify prospective tenants of whether they accept it. The bill also includes what had been a separate proposal in previous years: allowing courts to keep reporting agencies from disclosing evictions that were never completed or found to be unsubstantiated or without cause. (2)

Almeida comments:  “The change in reporting evictions may be key to the Washington legislation.  And, one must note, that with continuous change there is a greater need to work with a third-party tenant screening company.”

TenantScreeningUSA.com is a third-party tenant screening company specializing in tenant checks for small to medium sized properties.  Staffed with highly trained operators, TenantScreeningUSA.com has the ability to create custom screening packages for landlords and property managers.

Notes:

(1)    crosscut.com/2016/02/legislature-may-make-reforms-in-housing-law/

(2)   crosscut.com/2016/02/legislature-may-make-reforms-in-housing-law/

Tenant Screening, CO-OPs, and Housing Sharing in a Hot Housing Market

Tenant screening should be conducting on any renter of a property large or small and as the housing market heats up tenant screening should be expanded to co-ops and house sharing.  Adam Almeida, President and CEO of TenantScreeningUSA.com states:  “Tenant background checks can be a valuable tool in protecting people and property, and must be conducted on any rental or joint ownership property.”
As the housing market continues to explode in 2016 the ability to find acceptable housing for business professionals has become challenging.  In Northern California roommates are becoming more fashionable.

From PenisulaTimes.com (Dec. 15, 15):

Confronting an acute housing shortage, a disparate group of Bay Area residents, some of whom would easily be able to afford their own apartments in other regions, have found roommates to share the cost of rent.  (1)

There are three key reasons to conduct tenant screening.

  1. Protect Property – A bad tenant or roommate could treat property with little respect or care.  The cost of replacing damaged items could be significant.
  2. Protect People – In a roommate situation understanding who is sleeping across the hall is critical.  In many roommate or co-op arrangements the relationship can be relatively new. Information drawn from public records combined with a conversation and interview will assist in the decision-making process.
  3. Protect Reputation – Perhaps not as critical in a co-op or roommate situation, tenant screening can assist in creating a positive environment in assisting in attracting and developing a longer term relationship.

From the cooperator.com (Dec. 15):

Simply put, it is the fiduciary responsibility of the board to get all the facts about a prospective resident—especially if said prospective resident did hard time for something egregious, like sexual assault. Boards must protect the investment made by the building’s existing unit owners.  (2)

Adam Almeida, President and CEO of TenantScreeningUSA.com states:  “As is true with traditional landlord-renter relationships, co-op and roommates should utilize a third-party tenant screening company, one that is capable of accessing on-line databases and researchers capable of drawing information from county courthouses.”

In some areas of the country larger co-ops are popping up.  Again, Northern California is leading the way.

From PenisulaPress.com (Dec. 12, 15):

Startup employee Elena Stamatakos saves on rent by living in a housing cooperative, called Ithaka, located a few blocks from downtown Palo Alto. Stamatakos became head of logistics at Feeding Forward, a food conservation startup, after earning a master’s degree at Stanford. She said she wouldn’t be able to afford an apartment in Palo Alto unless she were to share it with “at least five people.”

Occupying three separate structures, Ithaka’s 20 residents lower their expenses by purchasing food in bulk, splitting utility bills and leveraging diverse skill sets. When the co-op’s television stopped working, one resident was able to replace a broken part at a fraction of the cost of a new TV. (3)

Almeida adds:  “Regardless of the living situation, co-op or roommate, tenant screening should be a part of the process as it will assist in protecting property and people.  And a third-party tenant screening company will be able to assist.”

TenantScreeningUSA.com is a third-party resident screening company that provides tenant background checks to landlords and property managers for all sizes and types of rental complexes.  From the single-unit to the large community, TenantScreeningUSA.com has the ability to customize a tenant screening package specific to a managers unique requirements.

Notes:

(1)    peninsulapress.com/2015/12/15/bay-area-home-sharing/

(2)    cooperator.com/article/predators-vs-privacy

(3)    peninsulapress.com/2015/12/15/bay-area-home-sharing/

Evictions are Tricky, Use Third Party Tenant Screening states TenantScreeningUSA.com

Evictions are one of the most complex tasks a landlord and/or property manager can undertake as a part of doing business in the rental market.  Adam Almeida, President and CEO of TenantScreeningUSA.com urges all landlords and property managers to utilize third-party tenant screening company’s and states: “As the rental properties remain in high demand, now, more than ever, is the time to work with tenant screening companies, if only to understand the complexities of evictions.”
Evictions are a complicated matter and for landlords and property managers evictions are a key indicator to the potential success of a long-term tenant.

Adam Almeida, President and CEO of TenantScreeningUSA.com states:  “Understanding the past is critical in predicting the future of a potential tenant and understanding evictions is at the core of all tenant screening.”

Tenant screening is a process in which a rental applicant’s past is correlated through various public records and available references.

From realtytoday.com (Nov. 25, 15):

Tenant screening is a process conducted by landlords and property managers to evaluate if prospective tenants can fulfill the terms of the lease, and if they can take care of the property in question. The process typically involves collecting personal identifying information, including employment, credit records, previous realty standing, and criminal history.  (1)

Almeida states:  “The rental housing market remains extremely advantageous to the landlord as vacancies remain relatively low.  But key in maintaining profitable long-term residents is tenant background checks. Evictions are important to understand but they can prove challenging.”

A woman moving to Washington State recently discovered that she “failed” an evictions check even though she had never legally been evicted.

From KIROTV.com (Nov. 17, 15):

… when she applied for an apartment after moving to Washington state, her tenant background screening gave her a “fail” for having a landlord-tenant court record. Some landlords immediately assume that was an eviction and deny housing, despite the fact that many tenants are never forcibly removed from their units. (2)

Tenant screening companies operate under the guidance of the Fair Credit Reporting Act (FRCA) and can only report evictions that occur up to seven years in the past. (3)

Almeida states:  “It is important to note that eviction reports may not necessarily report convictions.  Often times they will report eviction actions that are resolved without any additional court action.”

Utilizing a third-party tenant screening company not only has the access to all records pertaining to evictions but can save valuable time with the ability to check references, specifically those with previous landlords or property managers.

Experts suggest that contacting a previous landlord as the best course of action regarding a potential tenant.

From realtytoday.com (Nov. 25, 15):

…the best way to conduct tenant screening is still the old-fashioned way.  “A very effective practice is calling the last landlord, who has no ulterior motive to give you a false positive. But of course, the only landlords who can do that are those who have the time and don’t depend on volume…”  (4)

Almeida states:  “As the rental market stays hot it is critical that landlords and/or property managers utilize third-party tenant screening companies to conduct all their tenant checks, but, perhaps more importantly, to thoroughly investigate eviction reports and claims in order to present the most accurate information available.”

TenantScreeningUSA.com is a third-party tenant screening company whose highly trained staff can guide landlords and property managers through the various complexities of evictions and eviction reporting.  Well versed in all aspects on tenant screening, TenantScreeningUSA.com can provide a highly efficient and cost-effective tenant check package for properties large and small.

Notes:

(1)    realtytoday.com/articles/55374/20151125/tenant-screening-why-landlords-conduct-background-checks-before-accepting-offer.htm

(2)    kirotv.com/news/news/never-evicted-still-failing-tenant-background-chec/npPpg/

(3)    kirotv.com/news/news/never-evicted-still-failing-tenant-background-chec/npPpg/

(4)    realtytoday.com/articles/55374/20151125/tenant-screening-why-landlords-conduct-background-checks-before-accepting-offer.htm

Tenant Screening and Illegal Immigration

In the United Kingdom there is movement that will, potentially, legally require landlords and property managers to deny rental property to illegal immigrants via the tenant screening process.  In the United States this practice remains illegal, however, the challenges in the United Kingdom should be closely watched, states TenantScreeningUSA.com’s President and CEO, Adam Almeida.
Recently the government in the United Kingdom debated a new measure being pursued in regarding rental properties and potential tenants.

It has proven highly contentious.

From TheGuardian.com (Oct. 11, 15):

Government plans to force landlords to carry out extra checks on a tenant’s immigration status risk “everyday racism” and could lead to widespread discrimination, Labour has said.

The immigration bill, which will be debated by MPs on Tuesday, would make renting out accommodation to illegal immigrants a criminal offence. (1)

This dramatic stance has caused considerable concern and will force landlords to check the legal status of renters.  Many potential challenges came to light during a trial of new policies.

From TheExpressAndStar.com (Oct 11, 15):

According to the Joint Council for the Welfare of Immigrants, more than 40% of landlords who took part in the pilot said the scheme had made them less likely to rent a property to someone who did not have a British passport, while more than a quarter said they were reluctant to engage with people with foreign names or accents. (2)

Adam Almeida, President and CEO of TenantScreeningUSA.com states:  “The challenges by this potential law in the UK are numerous.  Not only are landlords legally required to confirm immigration status, the potential for unwitting bias or disparate impact is significant.”

Ultimately the law could become a human rights challenge.

From LettingAgentToday.co.uk (Oct. 13, 15):

Government proposals forcing agents and landlords to check the immigration status of tenants risk a serious breach of human rights according to an official watchdog.

The Equality and Human Rights Commission is reported to have warned MPs ahead of today’s second reading of the Immigration Bill in the House of Commons that the Right To Rent proposals which may ultimately lead to the fast-tracked eviction of illegal immigrants and their children risk breaching human rights law. (3)

In the United States there are laws governing a lawful and legal right to work and, subsequently, rent.  Landlords and property managers can request I-9 documentation in many cases to prove lawful employment status.  An I-9 document ascertains an individual’s eligibility right to work under immigration law.  However, some states, such as New York and California, prohibit asking immigration status during the tenant background check application process. (4)

Almeida states:  “While the potential new law in the United Kingdom raises some challenging questions, just as the laws governing tenant screening in the United States remain challenging.  A continuing best practice for all property managers and landlords is to work with a third-party tenant screening company in order to remain compliant with all laws governing the fair and lawful use of public records as well as I-9 documentation.”

TenantScreeningUSA.com is a third-party tenant screening company versed in the legal and lawful use of public records as a tool of tenant checks.  A highly trained staff can provide guidance to property managers and landlords with properties large and small.

Notes:

(1)   theguardian.com/uk-news/2015/oct/11/immigration-checks-discrimination-labour

(2)   expressandstar.com/business/uk-money/2015/10/11/labour-warns-of-everyday-racism-in-tenant-check-proposals/

(3)   lettingagenttoday.co.uk/breaking-news/2015/10/mps-debate-right-to-rent-today-as-watchdog-issues-human-rights-warning

(4)   nolo.com/legal-encyclopedia/how-screen-select-tenants-faq-29137-7.html

Tenant Screening is a Critical Tool Gaining High Quality Tenants

Tenant screening is a critical component in vetting tenants for rental properties, large or small.  Good tenants remain key to a profitable relationship, protecting existing property and neighbors; and tenant screening is a primary tool toward obtaining that goal.
Property managers and landlords have one key goal:  Keeping rental properties occupied.  In an era where rental properties are at a premium one might suspect that gaining a renter to be a fairly simple task.  Certainly there are available individuals and families that can occupy a property but a long-term renter, one that produces predictable income, can be more of a challenge.

From RealtyToday.com (Sep. 18, 15):

“… as a property manager, you don’t want a ‘bad’ renter.” A bad renter is someone who is late on payments, someone who tears up the floorboards, or someone who has bad credit. Jefferson went on to describe that this type of renter can lead to increased turnover, costly maintenance repairs, and eviction headaches.  (1)

Screening a new tenant is more than reviewing public information as provided by a qualified third-party tenant screening company.

Adam Almeida, President and CEO of TenantScreeningUSA.com states:  “It is critical that a landlord or property manager has a complete and thorough process when vetting a potential tenant, something more than a simple review of information.”

From RealtyToday.com (Sep. 18, 15):

You should conduct a thorough credit and background check of the prospective renter, contact past employers, references and landlords, and then thoroughly assess the results… Ask the applicant many questions in your first meeting and compare the applicants’ answers with the ones you gathered during your background and reference check. If you find the applicant dishonest or inconsistent, then you might be up for a big risk…(2)

Understanding tenant/landlord laws can easily be overlooked by landlords and property managers.

Almeida states:  “A thorough tenant background check is the process toward a good tenant but it is really incumbent on the landlord or property manager to understand the legal environment they work within when conducting a tenant check.”

A number of laws protect landlords in varying degrees across the country with each state slightly different from the next.

From Ahwatukee.com (Oct. 10, 15):

Arizona has favorable landlord laws. However, you still need to follow and know the specific landlord-tenant provisions that cover security deposits, access to the property and notice required when you want to end their tenancy. There also are federal laws you need to know, such as habitability and fair housing laws. (3)

Going the lengths a thorough tenant check demands will reward landlords and property managers.  Understanding the financial capability of a potential tenant, combined with past information public records provide, is a first step.  A complete interview and verification of references adds greatly to the verification process.

Almeida states:  “As any landlord or property manager knows a good tenant is critical to the success of a property.  A thorough vetting of prospective tenant information will add greatly to the success in gaining a good tenant.”

TenantScreeningUSA.com is a third-party tenant screening company with operators well versed and trained with all laws and regulations governing the use of public records for tenant screening.  With the ability to pull information like credit and criminal checks, TenantScreeningUSA.com can provide all the information required to make an informed decision regarding perspective tenants.

Notes:

(1)   realtytoday.com/articles/36503/20150918/3-helpful-tips-when-screening-for-high-quality-tenants.htm

(2)   realtytoday.com/articles/36503/20150918/3-helpful-tips-when-screening-for-high-quality-tenants.htm

(3)   ahwatukee.com/real_estate/article_69de5d5a-6ee1-11e5-b339-bf7b7be27964.html

Recent Ellis Act Evictions Highlight Rapid Change in California Rental Market

California’s rental market continues to heat up and the use of Ellis Act based evictions continues to rise. Subsequently, tenants and landlords continue to face off over the fair and legal use of evictions.

Adam Almeida, President and CEO of TenantScreeningUSA.com states: “The increased use of the Ellis Act in California highlights the rapidly changing rental market in that state, specifically in Los Angeles and San Francisco, and further politicizes tenants and maybe spark further change in the rental market in regards to evictions.”

The goal of any landlord is to gain long-term residence in order to create a predictable income. However, as rental values continue to rise long-term renters are displaced in order to take advantage of higher values and rental rates.

As reported in The San Francisco Chronicle (Jul. 27, 15):

 The number of rent-controlled San Francisco tenants receiving eviction notices is rising sharply, the latest evidence that the city’s economy continues to drive the displacement of long-term residents. (1)

A common tactic for eviction is the use of the Ellis Act. This law has been frequently used in San Francisco (2) and, increasingly, in Los Angeles.

From The Sacramento Bee (Jul. 31, 15):

Political and legal wars have erupted in both regions, and pressure is building on local officials to step in with tighter anti-eviction laws and on the Legislature to modify the Ellis Act, a three-decade-old state law that allows landlords to evict tenants to demolish units or convert them into condos. (3)

An additional challenge to renters is the so-called “gotcha eviction.” A “gotcha eviction” is based on a stringent interpretation of lease agreements.

From The San Francisco Chronicle (Jul. 29, 15):

… a “gotcha eviction” — a category of breach of contract or nuisance eviction that has doubled since the real estate market started taking off in 2011. According to the San Francisco Rent Board’s Annual Eviction report, there were 2,120 notices of evictions filed for the year ending Feb. 28, 2015 — a 54.7 percent increase over five years ago. The number of evictions targeting tenants accused of violating their lease or causing a nuisance has doubled since 2010. (4)

Adam Almeida states: “The challenges landlords and renters are going through in California may lead to a greater change in the rental landscape. As low-cost housing struggles continue governmental change may occur and that could create concern over the use of eviction records”

Eviction records contain critical information a landlord needs to make an informed decision regarding a potential tenant or tenants. As an integral part of the tenant screening package, eviction records combined with consumer credit reports provide invaluable background history for landlords and property managers.

Almeida states: “Ultimately landlords and property managers should utilize a well-qualified tenant screening company in order to remain compliant with existing laws that govern tenant background checks, as any change in law that may come about due to the developing battlefield between landlords and tenants in California.”

TenantScreeningUSA.com provides full service background screening to landlords and property managers of any size. TenantScreeningUSA.com offers tenant screening packages that include a national eviction search, national sex offender check and national criminal background check.

Notes:

(1) sfchronicle.com/politics/article/Why-S-F-evictions-are-on-the-rise-6408950.php

(2) sfchronicle.com/politics/article/Why-S-F-evictions-are-on-the-rise-6408950.php

(3) sacbee.com/news/politics-government/dan-walters/article29765722.html

(4) sfchronicle.com/bayarea/article/S-F-tenants-groups-fight-gotcha-evictions-6413712.php

 

Summer is Here, Pack the Bags It’s Time to Move

With summer in full bloom and most of the kids out of school the moving season is in full effect. All across the United States thousands of families pack their bags and boxes and move.

Contrary to popular belief summer IS the key time to move.

From MultihousingNews.com (Jun. 15, 2015):

Summer tends to be a peak time of the year for relocation, driven by numerous factors: longer daylight hours, better weather, the arrival of tax refunds that can be used for rent deposits and down payments, and kids are out of school. (1)

Many transitional renters are finding the market difficult in terms of vacancies and available rental units.

In the Seattle area rental vacancies are down significantly and apartments fill just as quickly as they are built. (2)

Adam Almeida, President and CEO of TenantScreeningUSA.com states: “Despite the advantage landlords and property managers currently hold regarding declining vacancies, there are still challenges.”

One key aspect of renting is landing a long-term resident, individuals or families that create predictable income for the property. During the busy summer months potential renters may base their buying decision on the appearance and condition of the property.

From FortuneBuilders.com (Oct. 23, 14):

Property condition is where most real estate investors sabotage themselves. (3)

Almeida states: “Keeping a property in top shape and well maintained will draw in those potential long-term renters.”

Another important factor in the fast-paced summer rental season is speed to acceptance.

From MultiHousingNews.com (Jun. 15, 15):

If you have access to e-applications, online tenant screening, and digital signature options, your new resident can sign the lease as soon as they find the home of their dreams. (4)

TenantScreeningUSA.com offers a tool to landlords and property managers that greatly increases speed to acceptance.

Almeida states: “In partnering with TransUnion, TenantScreeningUSA.com can help landlord and property managers greatly streamline the rental application process.”

When speed to approval is a high priority TenantScreeningUSA.com has the solution. Key elements of the tenant screening services are:

  • Immediate access—no waiting for approval, no documentation necessary
  • Pay only when you use—no set-up fees, no minimums
  • Prompt results—custom report and leasing recommendation in minutes
  • Choice of who pays—landlord or renter
  • Joint-tenant recommendations—single recommendation for a group of joint renters

Tenant screening packages can be customized to the unique requirements of any landlord or property manager. Typical tenant background check reports include:

  • Consumer Credit Report
  • Eviction Records
  • Criminal History
  • Sex Offender Registry

Further, it is critical that a landlord or property manager utilize a third-party tenant screening company.

Almeida states: “Regardless who one chooses it is very important that a third-party tenant screening company be engaged as they are charged with staying compliant and operating legally under all state and federal laws.”

TenantScreeningUSA.com is a third party tenant screening company serving the small to mid-size rental community. With a highly trained and dedicated staff, TenantScreeningUSA.com can create a low-cost and fully compliant tenant screening package to fit ones needs. Understanding that speed to acceptance and return of accurate information is critical, TenantScreeningUSA.com is there to help.

Notes:

(1) multihousingnews.com/features/summer-leasing-craze/1004121956.html

(2) kirotv.com/news/news/report-apartment-availability-lowest-decade/nmkqD/

(3) fortunebuilders.com/7-things-look-profitable-rental-property-investment/

(4) multihousingnews.com/features/summer-leasing-craze/1004121956.html