An emerging trend across the country is legislating the use of eviction records as part of tenant screening and Philadelphia is an example of such a trend, one that should concern landlords and/or property managers across the country. Adam Almeida, President and CEO of TenantScreeningUSA.com opines: “Much like banning the criminal history box on employment applications, commonly known as Ban-the-Box, limiting the use of eviction records is a growing and dominating trend in tenant screening.”
Limiting the use of criminal history and banning “the box” on employment applications has long been a growing trend in pre-employment background screening and, recently, a dominate emerging trend limiting the use of eviction records is taking place with tenant screening. Adam Almeida, President and CEO of TenantScreeningUSA.com opines: “A best practice for landlords and/or property managers remains to work with a well-qualified third-party tenant screening agency, such as TenantScreeningUSA.com, to stay ahead of growing trends in tenant screening, as well as remaining compliant with law.”
The city of Philadelphia recently introduced two new bills to manage the use of eviction records as part of the tenant screening process.
From WHYY.org on June 24, 2021:
The pair of bills called the Renters’ Access Act, originally introduced in April, would prohibit landlords from denying housing based solely on eviction records and require them to let tenants know why they are denied. Landlords must also provide written rental screening criteria to prospective tenants. Under these new rules, landlords also cannot deny a tenant solely because of credit scores or an eviction record that is more than four years old. They also prohibit denying a tenant housing because of their inability to pay rent or utility bills during the COVID-19 emergency period. (1)
The new laws are designed to strictly manage how landlords and/or property managers use eviction records.
Adam Almeida adds: “While the CDC moratorium appears to finally be ending on July 31, 2021, potential laws, such as the one in Philadelphia, will continue to control the use of eviction records and landlords should take immediate note.”
From Inquirer.com on June 24, 2021:
The city will prohibit landlords from adopting policies that deny potential tenants solely because of low credit scores and past evictions or eviction filings. Before accepting applications for rental housing, landlords will have to provide written tenant screening criteria that they use to evaluate all potential renters. They will have to tell rejected tenants in writing why they were denied, and tenants will have the chance to dispute incorrect information, explain mitigating factors, and show how their circumstances have changed.
Before applying for housing, potential tenants will see how criteria such as criminal and rental history will be used, so they know what they may have to explain or know not to waste their money on an application fee. (2)
Ultimately, a variety of municipalities are bound to follow and create increasingly challenging environments for landlords and property managers in regards to the use of public records.
Almeida concludes: “Let’s face it, challenges are increasing for landlords and property managers regarding tenant screening, and a best practice remains to work with a well-qualified third-party tenant screening agency in order to remain current with trends and 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 their tenant screening needs.
Note:
(1) whyy.org/articles/aiming-to-protect-renters-philly-council-limits-landlords-use-of-eviction-records/
(2) inquirer.com/real-estate/housing/renter-tenant-protection-philadelphia-screening-landlord-20210624.html
