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/
