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
