Tenant screening is meant to mitigate risk within a rental community. Through the tenant screening process a landlord and/or property manager can gain valuable information in order to make a thorough decision on potential candidates, and, subsequently, mitigate risk of property, person, and finance.
But a best practice in tenant screening is to work with a well-qualified third-party tenant-screening agency in order to stay compliant with laws governing tenant screening and rental property.
Oftentimes jurisdictions have different laws governing rental properties.
Adam Almeida, President and CEO of TenantScreeningUSA.com opines: “It is very important that landlords and/or Property Mangers work with a third-party tenant screening agency in order to stay compliant but also to avoid the potential of expensive legal action. Working with a third-party is a smart choice to mitigate risk for the landlord/property manager during the vetting process of potential rental candidates.”
The State of New York has rules governing where a Registered Sex Offender may reside. The law is designed to assist convicted sex offenders to reengage with society and acceptable housing is often considered a key in this reintegration.
From Law.com (Dec 13, 18):
In New York state, sex offenders are not obligated to inform anyone of their past. Rather, the onus is on local law enforcement to release information, where necessary, to the community and/or particularly vulnerable populations, including schools, nursing homes, day care centers, etc. Correction Law Article 6, §168-l. (1)
Almeida adds: “Laws can vary wildly from state to state, county to county, even city to city. Working with a third-party tenant screening agency can greatly assist property managers remain compliant with law.”
The sex offender registry is just one of the challenges faced by property managers and landlords. Another is with Criminal Record History.
Almeida adds: “Criminal history use as a part of tenant screening or any form of background screening process has become increasingly complicated in the last several years; another good reason to work with a tenant screening agency. Laws change rapidly and are often complex. Working with a professional third-party tenant screening agency can greatly reduce the challenge of understanding laws one is attempting to comply with.”
In Seattle, WA a new law regarding the use of criminal records history has caused a stir and will continue to compound the challenges of tenant screening.
From Marketplace.com (Dec 30, 18):
But an unprecedented new city law — forbidding landlords from checking into potential renters’ criminal past — is very much in dispute and setting up a closely-watched court battle.
Landlords argue their free speech, property rights and possibly their safety is being jeopardized by a law that forces them to close their eyes to relevant public information about possible tenants. They’re backed by landlord groups and background screeners who call the ordinance a perilous precedent.
The “Fair Chance Housing Act” was anything but that, according to landlords’ lawyers. Ethan Blevins, an attorney at the Pacific Legal Foundation, said the law’s premise “is this paternalistic idea that the city gets to decide what information is relevant or important to a landlord’s decision making process.” (2)
Almeida adds: “Again, it’s about risk mitigation and the use of criminal records often treads a thin line. It is an area of continued conversation and on-going change.”
Using a well-qualified third-party tenant-screening agency remains not only the best practice but also the safest approach for all landlords and propriety managers.
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:
- law.com/newyorklawjournal/2018/12/13/when-a-sex-offender-moves-in/?slreturn=20190006170346
- marketwatch.com/story/a-new-seattle-housing-law-forbids-landlords-from-checking-into-tenants-criminal-history-but-does-it-go-too-far-2018-12-26
