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Bad Tenants Still Challenging Landlords and Property Managers

October 12, 2018 By

First things first…  What exactly is a bad tenant?  Obvious bad tenants are those that break all rules.  Loud music into the night, dealing drugs, rude or inappropriate behavior can all label someone a bad tenant.  However, a true bad tenant might be that individual that fails to vacate a property after eviction.  One whose behavior is so disruptive that a landlord or property manager has no alternative but to evict is undeniably a bad tenant.

Evictions are always a challenge, regardless the situation.  A very quiet and seemingly normative family may fall vastly behind on rent and force an eviction or you have those truly bad tenants that are so disruptive a landlord is forced to evict.  The key, obviously, is to prevent eviction from occurring in the first place but that can be a challenge in its own right.

Maintaining a safe and secure property is certainly key in preventing bad tenants.

A landlord in San Bernardino recently faced the challenge of bad tenants when a gun fight broke out which injured eight people.

From ABC7.com (Sep 07, 18):

Lawhead said violence in apartment buildings is a problem all across the city. It’s a problem the department is now making a top priority by strengthening their crime-free, multi-housing plan.

He said it starts with the landlords.

“We have a number of property owners that do the minimum. We shouldn’t have to come in and tell you who your bad tenants are, you should be doing good enough work on the front end to identify your bad tenants and get them out of the complex,” he said.  abc7.com/san-bernardino-police-focus-efforts-on-apartments-after-recent-shooting/4178176/

Creating a safe environment for existing and potential tenants goes a long way.  A property with 24-hour security and surveillance could greatly reduce certain bad tenants.

Yet, evictions are often difficult for landlords especially with bad tenants.

In Washington DC a rash of bad tenants continues to frustrate local landlords and the good tenants.

From WashingtonTimes.com (Aug 30, 18):

…attorney Emilie Fairbanks, who specializes in landlord-tenant issues, said it’s a “fault of D.C. law” that bad tenants are difficult to evict. Not even restraining orders or criminal convictions can expedite the eviction process, which can take up to a year, she said.

Dorene Haney of the law firm Nathan A. Neal & Dorene M. Haney noted that D.C. law allows problem tenants the opportunity to mend their ways before being evicted. An eviction can be halted if a tenant ceases his or her disruptive or non-compliant behavior within 30 days of being served an eviction notice by a landlord, she said.  washingtontimes.com/news/2018/aug/30/dc-residents-have-little-help-in-dealing-with-bad-/

In light of all this the question remains…  What can a landlord or property manager really do to solve the issue of bad tenants?

The answer is…  It may be impossible to completely eliminate bad tenants.  But prevention may be possible.

It is recommended that landlords work with local police in creating a safe environment for a rental property, create a professional and compliant process for vetting potential tenants, and providing regular and standard upkeep to a property.

Additionally, a thorough tenant background check one with reference checks, eviction record checks and criminal background checks review would greatly benefit the tenant selection process.  And working with a well-qualified tenant screening agency remains a best practice for that process.

To learn more about what makes a tenant a bad tenant and how to resolve issues with bad tenants read recent TenantScreeningUSA.com press release:  Bad Tenants Will Always Challenge Landlords and Property Managers

Filed Under: Tenant Screening

Is Low Unemployment Rates and Ban-the-Box Laws Helping Ex-Cons?

September 28, 2018 By

US unemployment rates remain low and the question of whether or not Ban-the-Box policies have helped individuals with a criminal record is still uncertain.  Hiring managers should be aware of existing and potential “Ban-the-Box” legislation and the effect it may have on hiring, especially with formerly incarcerated individuals.

As the USA is still experiencing a sustained period of low unemployment rates the question remains, is this helping formerly incarcerated individuals or those with any criminal record find gainful employment?  The answer is both yes and no depending on the source.  The combination of low unemployment rates and Ban-the-Box laws appear to be having an effect on potential employment with those with a criminal background record.

Still years after enacting Ban-the-Box laws there has been little evidence that Ban-the-Box laws are actually working.  However these laws combined with sustained low unemployment rates do appear to be effective.  With less and less available workers in the United States companies with open positions cannot be as selective as before and some of them are taking serious looks at people with previous criminal records.  Across the country employers are desperately seeking employees and often times struggle to fill positions.

The purpose of enacting Ban-the-Box laws is to help assist formerly incarcerated individuals or those with a criminal record find gainful employment and to become positive contributors to society.

Employers should remain fully aware of all laws pertaining to the hiring process, especially Ban-the-Box laws.  These laws can vary from jurisdiction to jurisdiction, and a best practice continues to be to work with a well-qualified third-party pre-employment background screening agency.

Whether or not Ban-the-Box legislation has assisted in reducing unemployment of formerly incarcerated individuals remains an important question.  As employers continue to search for employees in times of very low unemployment rates, hiring managers should be very conscious of Ban-the-Box related laws and related hiring of individuals with a criminal history.

Even with low unemployment numbers in the USA there is still a segment of the population that continues to struggle.

From TurnTo10.com (Aug 10, 18):

With the largest prison population in the world, the United States has a generally unacknowledged unemployment crisis that is not only devastating individuals and their families but taking a toll on the economy.

In the last quarter, the U.S. economy grew at a pace of 4.1 percent. July marked the 94th month of continuous job growth and saw more people returning to the labor force after dropping out. But for the millions of prime working-age adults who have a criminal conviction, the economic picture has been anything but rosy.  turnto10.com/news/nation-world/unemployment-crisis-for-ex-inmates-drags-on-the-economy-amid-push-for-prison-reform

Ultimately hiring managers should continue to be stringent in their employment screening efforts and must do so in a fair and equal standing, as well as in full compliance with existing law.  Ban-the-Box laws continue to appear across the country and hiring managers should be very aware of all changes in laws that govern hiring.

Although the economic picture for adults with criminal records may in some estimation appear anything but rosy, there certainly are instances of hope.  In New Jersey a potential turnaround in unemployment for ex-cons may be occurring.

According to a recent article posted to NJTVOnline.com (Aug 10, 18) programs designed to assist in gaining employment for former offenders are finding recent success.

Most of the jobs are low wage, entry level positions. But those who have studied post-prison unemployment for years says there is a turnaround in the state.

“I don’t know if its attributable to the Ban the Box legislation. I’ve seen it very recently because the unemployment rate is so low,” said Reentry Coalition of New Jersey Executive Director Kevin McHugh. “I’ve been getting calls from human resources departments, employers asking me for help in connecting them with our program people to get them offenders for jobs. That’s just amazing.”  www.njtvonline.org/news/video/has-Ban-the-Box-legislation-reduced-unemployment-for-former-inmates/

Ban-the-Box appears to be assisting formerly incarcerated individuals in finding gainful employment and that progress may have been greatly assisted by low unemployment.  However, it should be noted that as employers struggle to find new employees and fill positions they should retain a fully legal and compliant background screening policy.  Working with a well-qualified third-party pre-employment background screening agency remains a best practice.

Additionally with so many people in the USA that have already paid the price for their offenses it is imperative that they be given a second chance and that means being able to get a decent job.  This not only helps ex-offenders but also contributes to the overall economic health of the nation, and helps prevent the likelihood of recidivism.

In a final note…  The combination of sustained low unemployment in the USA along with the enforcement of Ban-the-Box laws is undoubtedly aiding in the accomplishment of these objectives.

To read more about why low unemployment rates in the USA along with Ban-the-Box laws are effecting the employment of former criminal offender’s across the nation read recent CriminalBackgroundRecords.com press release: Ban The Box Laws in Low Employment Economy: Are They Helping Ex-Cons Find Employment?

Filed Under: Uncategorized

Recent Review of the Disparate Impact Rule by HUD may Effect Housing Rules

September 14, 2018 By

The Department of Housing and Urban Development (HUD) is tasked with enforcing the Fair Housing Act and one of the key tools used in enforcement is the Disparate Impact Rule, one that is used to protect against discrimination, either consciously or subconsciously engaged.  HUD has recently reviewed the disparate impact rule and this may result in a broad effect on housing rules in the USA.

Anytime HUD reviews core policies, such as the disparate impact rule, landlords and property managers should take note and be aware that potential changes to tenant screening policies could be forthcoming.

The Fair Housing Act is enforced by the Department of Housing and Urban Development (HUD) oftentimes by the utilization of the Disparate Impact rule.  Landlords and property managers should take note anytime HUD reviews core policies, especially the use of the Disparate Impact rule, as this could signal potential change to tenant screening and tenant background checks.

Under the previous administration the use of the disparate impact rule was enacted and became a critical component with the enforcement of the Fair Housing Act.

From HousingWire.com (May 10, 18):

Changes could be on the way for the Department of Housing and Urban Development’s disparate impact rule, a rule enacted by HUD during the Obama administration and used as a way to enforce the Fair Housing Act.

Under HUD’s rule, lenders, landlords, and other housing providers can be held liable for discrimination against protected classes even if it was not their intent to discriminate.

The use of disparate impact was challenged all the way up to the Supreme Court, which ruled in 2015 in favor of disparate impact.  housingwire.com/articles/43340-hud-signals-changes-could-be-coming-to-disparate-impact-rule

Disparate Impact cases have appeared across a number of actions related to housing, such as banking and mortgage lending, as well as tenant screening, and can be enormously complicated.  A best practice remains that landlords and property managers’ work with a professional third-party tenant screening agency to remain fully compliant with law, especially those against discrimination.

The rule of Disparate Impact can be complex.

From ArnoldPorter.com (May 18):

HUD’s disparate impact regulation was finalized in 2013, at which time the vast majority of federal courts of appeals had agreed that the FHA prohibits any practice that produces a discriminatory effect, regardless of discriminatory intent, but had taken various different approaches to determining liability under an “effects” standard. According to HUD, the disparate impact regulation was necessary to “formalize [HUD’s] long-held recognition of discriminatory effects liability under the [FHA]” and to provide “consistency nationwide.”

HUD’s current regulation establishes a burden-shifting framework for adjudicating disparate impact claims under the FHA, pursuant to which the charging federal agency or private plaintiff has the initial burden of demonstrating that a challenged practice caused, or predictably will cause, a discriminatory effect. A practice is deemed to have a discriminatory effect if it actually or predictably results in a disparate impact on a group of persons or creates, increases, reinforces, or perpetuates segregated housing patterns because of race, color, religion, sex, handicap, familial status, or national origin.  ARNOLDPORTER.COM/EN/PERSPECTIVES/PUBLICATIONS/2018/05/HUD-TO-EVALUATE-DISPARATE-IMPACT

As HUD is reviewing the disparate impact rule now is the time for all organizations involved in the housing market to review their own policies and procedures especially landlords and property managers.  The best way the apartment management industry can protect themselves from liability is to make certain that their tenant selection process does not discriminate any particular grouping of people directly or indirectly.  To help with the process of becoming compliant or remaining compliant it is wise to work with a professional tenant screening agency.  However, in the end the liability of being caught by HUD conducting a discriminatory tenant selection process falls on the landlord.

To learn more about the disparate impact rule and how recent review of this rule by HUD could impact the housing market read recent TenantScreeningUSA.com press release:  HUD Recently Began Reviewing the Disparate Impact Rule Which May Have Broad Effect on Housing Rules; Opines TenantScreeningUSA.com

Filed Under: Uncategorized

Unemployment Rates and Ban-the-Box Initiatives Helped by Booming Economy

August 28, 2018 By

In recent years the United States economy has been booming and the unemployment rate has dropped significantly.  The result of this situation has turned into a shortage of available employees for open positions across the country.  While hiring qualified candidates for certain positions has become increasingly more difficult that does not mean that employers should become lax in their employment screening efforts.

The situation is so prevalent that the term “employee ghosting” has become a common term used when a potential employee gets an interview or even gets hired for a job and then never shows up for work.

Another factor is Ban-the-Box legislation that prevents employers in a certain jurisdiction, State etc. from asking a job applicant if they have a criminal background record.  It is clear that with a booming economy (leaving employers with smaller applicant pools) and not being able to ask about criminal history until an initial offer is made is helping people like ex-cons find gainful employment which may lead to a reduction in recidivism and give many US citizens the opportunity they need to live a productive and meaningful life.

For the last several years the economy in the United States has continued its expansion and, subsequently, the unemployment rate continues to drop.

The effects of low unemployment have been felt across the country.

In Colorado the labor shortage has had wide-ranging affects on business and business owners.

From the Coloradoan (Aug 11, 2018):

A decade ago, L&L Acoustical averaged about 60 jobs a month.

Today, the drywall company completes 35 to 40 jobs, not because the work is shriveling up — quite the opposite. There’s enough work to do 60 to 70 jobs in Fort Collins’ robust housing climate, co-owner Gery Lockman said.

While work is plentiful, the workers are not.  coloradoan.com/story/money/2018/08/11/colorado-labor-shortage-worsens-fort-collins-housing-woes/928718002/

Another phenomenon related to plentiful employment is something called “ghosting.”

From Jacksonville Florida’s NBC affiliate, News4Jax (Jul 26, 18):

You’ve probably heard of ghosting — where people go out on a date and never hear from that person again. Well, it’s something that’s become more common in the professional world.

People are landing an interview or a job and then turn into a no-show.

Business owners and staffing agencies say they are dealing with “employee ghosting” now more than ever before.  news4jax.com/news/employee-ghosting-spooking-business-owners

But what does it all mean in regards to employment background screening and Ban-the-Box?

With plentiful employment opportunities employers are scrambling to find enough employees to fill open positions.  In some cases employers are willing to take just about any qualified candidate, regardless of past, and are willing to review or change their employment criteria as it relates to pre-employment background screening.

From City-Journal.org (Aug 08, 18):

Progressives … have pushed for regulations such as “ban the box,” which would prohibit employers from asking about criminal history records on an initial job application. But it’s the economy, not federal mandates, that is forcing employers to give ex-offenders a second chance, so critical to reducing recidivism and helping them rebuild their lives.  city-journal.org/html/long-term-joblessness-16097.html

It is certainly the case that some employers have altered pre-employment background screening policies in order to fill open positions but employers should remain diligent in hiring policy.  A best practice remains to work with a well-qualified third party pre-employment background screening agency.

Ban-the-box efforts are not decreasing despite the robust economy.

Kansas Governor Jeff Colyer “Banned-the-box” via legislation that took effect in June 2018.

From a www.KansasCity.com opinion piece (May 15, 18):

With an executive order signed May 2, Kansas Gov. Jeff Colyer “banned the box” for people who apply for executive branch jobs with the state. Ban-the-box rulings forbid employers from asking a prospective employee about prior criminal conviction records on the initial job application. These laws are aimed at delaying the point in the hiring process when an employer can ask about criminal history. Proponents believe this practice helps balance the inequities convicted felons face when they attempt to re-enter the workforce.

Thirty-one states have passed similar laws. For private employers in Kansas City, ban the box takes effect June 9, following an ordinance the City Council passed in February.  kansascity.com/opinion/editorials/article211206864.html

Low unemployment is always a good thing, but employers should remain diligent in hiring practices.  Working with a background screening agency remains a best practice.  Even with smaller applicant pools and ban-the-box laws utilizing a professional employment screening company will help keep employers compliant while giving them the reports and information needed to make a sound decision regarding hiring someone.

To read more about why the USA’s booming economy is helping ban-the-box initiatives and helping unemployment rates read recent CriminalBackgroundRecords.com press release:  Booming Economy Helps “Ban-the-Box”

Filed Under: employment screening

Alleged Discrimination against Section Eight Renters in the City of Buffalo Demonstrates Need to Work with a Tenant Screening Agency

August 17, 2018 By

The poor in Buffalo rely on government assistance to pay their rent and even with established law it appears they have been discriminated against.  In the city of Buffalo, one of the poorest cities in the country, alleged discrimination against Section Eight renters may have occurred and subsequently caused significant concern within certain protected classes.

Discrimination against any class of individual is troubling.  A variety of classes have protections under law and violation of these protections could incur expensive legal action.

From InvestigativePost.com (Jul 05, 18):

Buffalo’s fair housing law was put in place to protect the thousands of city residents who rely on government assistance to pay their rent. But, in the 12 years since the law passed, the city has done little to enforce it, despite receiving at least 25 complaints like the one Adkins filed, most of them borne out by undercover testing – the gold standard in housing discrimination cases.

In many cases, it’s unclear whether city officials even decided whether a landlord had violated the law. Those decisions, when they were made, were painfully slow. And even when a landlord was found to have discriminated, in most cases there’s no indication that the city took any action against them.  investigativepost.org/2018/07/05/buffalo-not-enforcing-its-fair-housing-law/

The challenges in housing in Buffalo highlights the immediate need for all landlords and property managers to work with a well-qualified third-party tenant screening agency to conduct all tenant background checks.  This method still remains a best practice.

Discrimination is illegal in housing under the Fair Housing Act of 1964.

From Nolo.com (No Date Given):

  • The federal Fair Housing Acts apply to all aspects of the landlord-tenant relationship. A landlord may not:
  • advertise or make any statement that indicates a limitation or preference based on race, religion, or any other protected category
  • falsely deny that a rental unit is available
  • set more restrictive standards for selecting tenants or refuse to rent to members of certain groups
  • before or during the tenancy, set different terms, conditions, or privileges for rental of a dwelling unit, such as requiring larger deposits of some tenants or adopting an inconsistent policy of responding to late rent payments
  • terminate a tenancy for a discriminatory reason.  nolo.com/legal-encyclopedia/free-books/renters-rights-book/chapter5-2.html

One small example of a penalty a landlord or property manager might face by breaking discrimination laws is in Menlo Park, California.

From The Almanac, a local Menlo Park community news webpage (Jul 7, 18):

A violation of the ordinance would be considered a misdemeanor, punishable with fines up to $1,000 or six months in county jail.  almanacnews.com/news/2018/07/06/menlo-park-bans-landlords-from-discriminating-against-rent-subsidy-recipients

Tenant screening is a critical part of the vetting process with new applicants.  Landlords are always seeking out long-term stable tenants.  Shortcutting the screening process and discrimination often proves to be a costly mistake.  A best practice remains for all landlords and property managers to work with a well-qualified third-party tenant screening agency to stay fully compliant with all laws state and federal regarding tenant screening.

To learn more about possible discrimination against the poor in the City of Buffalo and how proper tenant screening practices can help avoid discrimination against rental applicants read recent TenantScreeningUSA.com press release:  Alleged Discrimination against the Poor in the City of Buffalo Highlights Need to Work w/ Tenant Screening Agency; States TenantScreeningUSA.com

Filed Under: Uncategorized

Volunteers with Access to Children Should Always Undergo a Vigorous Background Check

July 25, 2018 By

Families in the USA are soaking up the remainder of the summer as retail stores stock their shelves with back to school supplies.  When the summer vacation for kids across the country ends that means back to school.  Once school begins so does after school programs like sports, theatre and other extra curricula activities.  This is why it should be paramount that all volunteers involved with after-school activities undergo a thorough and vigorous background screening including a comprehensive criminal background check.

It is believed that if all potential coaches, instructors, and related volunteers are aware of a pending background check as part of becoming an employee or volunteer that the actual background check itself will act as a barrier to entry for potential predators and malfeasant individuals.  In essence these kind of people may think twice or forgo completely their application for a full-time, part-time or volunteer position if they know that a comprehensive background check will be performed on them.

Of course conducting a thorough background screening that includes a criminal background records search and sex offender registry check should weed out the potential volunteers with past offenses that could prove harmful to the youth if committed again.  This is especially true with sex offenders that are looking to repeat their crimes.

Recent history shows that people working as volunteers can also have a history of committing crimes against children.

In Carmel, Indiana a volunteer swim coach was recently arrested for Sexual Exploitation of a Minor.  FOX59 from Indianapolis covered the story:

“An assistant swim coach at Carmel High School faces federal charges after prosecutors say he had sex with one of his athletes.

… is charged with sexual exploitation of a minor and possession of child pornography. U.S. Marshals took him into custody Tuesday. A detention hearing was set for July 10.”  fox59.com/2018/07/05/carmel-assistant-swim-coach-accused-of-having-sex-with-student-athlete-faces-federal-charges/

As school commences after-school programs will start as well and offer a broad spectrum of activities:  From athletics to art programs volunteers will be the primary engines of these activities.

As kids return to school and participate in after-school sports or arts programs thousands of volunteers will work as coaches, instructors, or a myriad of other occupations.  In order to keep at-risk populations as safe as possible, all volunteers should pass a vigorous background check.

A recent article on AZFamily.com provides some horrifying detail regarding the potential of predators interacting with children.

One in four girls and one in six boys will be sexually abused before they turn 18.

“Child sexual predators are looking for places where they have easy access to children,” … said.

And that’s just one reason she says anyone working with kids needs a background check.  azfamily.com/story/36790644/who-is-coaching-your-kids

A comprehensive background check needs to cover a variety of areas of an individual’s past.  Criminal Background History, National Criminal Records Check, Driving Record Search (if applicable), SSN Validation with Address History Trace and other relevant activities like reference checks and verifications in order to gain a full picture of an applicant.

Recently, a school district engaged a convicted felon working as a volunteer.  When parents discovered the volunteer’s past their outrage prompted concern regarding the school districts background screening policy.

From IslandPacket.com (Jun 12, 18):

They’re raising questions about the district’s system for checking the backgrounds of volunteers — which the district says was upgraded years ago after former volunteers, some with questionable backgrounds, faced legal trouble — and the level to which the schools and district investigate volunteers before allowing them to work with students.  islandpacket.com/news/local/education/article212951359.html

A best practice for any organization or institution utilizing volunteers is to conduct the most comprehensive background screening possible, as well as working with a well-qualified third-party employment screening agency.

Any after school program or activity that allows for interaction with children, an at-risk-population, must ensure that all the adults involved whether employees or volunteers undergo a proper vetting process including thorough background checks that query the national sex offender registry and criminal court conviction records.

If all such employees and volunteers that have unsupervised time with children underwent a full and comprehensive background check this could greatly reduce the chances of recidivism and may assist in protecting this at-risk segment of the US population.

To read more about why volunteers with access to children should be thoroughly background checked including a 50-State sex offender search and national criminal background check before being approved for such a position read recent CriminalBackgroundRecords.com press release:  Volunteers Should Always Pass a Vigorous Background Check; Opines CriminalBackgroundRecords.com

Filed Under: criminal background check

First-in-Time Rulings in Seattle Highlight Need to Work with a Professional Tenant Screening Agency

July 13, 2018 By

Seattle’s City Attorney’s office has appealed a recent ruling over the city’s “First-in-time” law which governs how landlords can accept qualified candidates into rental units.  “Seattle’s “First-in-Time” law created confusion for landlords when originally passed, greater concern when overturned, and now the City Attorney’s appeal further highlights the need for landlords and/or property managers to work with a well-qualified third-party tenant screening agency in order to avoid additional confusion and stay compliant with all existing law.

The City Attorney in Seattle appealed a recent ruling regarding that city’s “First-in-Time” law.  The action in Seattle regarding who can and cannot be rented to, based on the “First-in-Time” law, has created confusion among landlords and this activity highlights an immediate and urgent need for landlords to work with a well-qualified tenant screening agency in order to remain compliant with law and avoid further confusion.

In March 2018 the City of Seattle’s “First-in-time” law was ruled unconstitutional by a Superior Court judge.

From Tribune News Service as reported on Governing.com (Mar. 29, 18)

Seattle’s law requiring landlords to choose among qualified applicants on a first-come, first-served basis violates the state constitution, a judge ruled Wednesday.

Adopted by the City Council in 2016 and in effect since last year, the groundbreaking law “has a laudable goal of eliminating the role of implicit bias in tenancy decisions,” King County Superior Court Judge Suzanne Parisien said in a written ruling.  governing.com/topics/urban/tns-seattle-rental-discrimination-judge.html

Laws such as the one in Seattle can cause a great deal of confusion among landlords and/or property managers and highlight an urgent need for landlords across the country to work with a well-qualified third-party tenant screening agency to remain fully informed and compliant with existing laws governing tenant background checks as well as laws related to tenant screening.

In May 2018 the Seattle City Attorney appealed the reversal of the “First-in-line” law.

From Seattle.Curbed.com (May 10, 18):

After a year tied up in court, Seattle’s “first-in-time” law, which requires a landlord to accept the first qualified applicant to live in a rental property, was overturned in late March—and today, the Seattle City Attorney’s office appealed that ruling.  seattle.curbed.com/2018/5/10/17340790/first-in-time-law-appeal

The original legislation passed in 2016 based on suspected improprieties with tenant screening and the appearance of discriminatory practices.

From Seattle.Curbed.com (May 10, 18):

The first-in-time law was initially passed in August 2016 to combat implicit bias resulting in housing discrimination. In 2015, the city’s Office for Civil Rights (OCR) conducted a sting of rental properties, submitting applications 97 times focusing on three different groups protected by Seattle housing law. ibid

Tenant laws are often complex and challenging.  Staying compliant is critical for all landlords and property managers.  A best practice always remains for landlords to work with a tenant screening agency and, now more than ever, as highlighted by the Seattle rulings, the time is now to have a full review of tenant screening policies.

To learn more about Seattle’s “First-in-time” law and the confusion surrounding its multiple alterations along with why it is wise for all landlords to partner with a professional tenant screening agency read recent TenantScreeningUSA.com press release:  Seattle’s “First-in-Time” Rulings Highlight Urgent Need for Landlords to Work with Tenant Screening Agency; Opines TenantScreeningUSA.com

Filed Under: Tenant Screening

Ban-the-Box Laws are Evolving as Shown by Massachusetts

June 19, 2018 By

Ban-the-Box laws are not only being enacted across the country they are also being updated.  Massachusetts was the second state in the country to enact such legislation, after Hawaii, and recently announced an evolution and change to existing law.

There are a large number of states and cities in the country that have already enacted some manner of ban-the-box legislation.  When it comes to laws affecting employment screening in the USA there is none more prevalent than Ban-the-Box laws.  Ban-the-Box laws were designed and implemented to assist the class of citizens in this country with a previous criminal record to get a better chance of being hired.  By eliminating the question of “criminal history” from the job application form it is felt ex-offenders with criminal records will get a better chance at gainful employment.

It is very important that employers across the country pay close attention to these ban-the-box laws that have been previously enacted and any new ones coming into law now and in the near future.  If an employer is in a specific jurisdiction, city, county or State with such laws in place then they have to obey them which means they will most likely have to update their employment screening policies and procedures.  It is not just about removing the question of criminal history on the job application, it is also about when and why employers can legally perform criminal background checks on their applicants.

It is now incumbent on employers in this country to not only pay attention to these laws but to also make the necessary changes to their pre-employment background screening processes in order for their hiring practices to remain or become legally compliant.  It has become clear all across the country that discrimination in any form during the hiring process will no longer be tolerated.

From the National Law Review’s webpage (Jun 08, 18)

“Ban the Box” laws prohibit or limit an employer’s ability to ask a job applicant about his or her criminal record. States, counties and cities have enacted this legislation to help applicants with criminal records combat additional barriers to securing employment.  natlawreview.com/article/ban-box-updates-massachusetts

Due to the longevity of Ban-the-Box legislation in Massachusetts the State’s experience with the law has motivated legislators to change the law, expanding what it can do and how it protects.

From LawAndtheWorkplace.com (May 02, 18):

Massachusetts Governor Charlie Baker recently signed Senate Bill No. 2371, “An Act Relative to Criminal Justice Reform,” into law. The law will go into effect October 13, 2018.  Among the Act’s extensive criminal justice reform provisions are several important modifications to the “Ban the Box” anti-discrimination laws… which will further restrict Massachusetts employers’ ability to consider criminal history in making hiring decisions.  lawandtheworkplace.com/2018/05/massachusetts-modifies-ban-the-box-law/

It is important for Hiring Managers and HR Departments to work with a well-qualified third-party pre-employment background screening agency in order to stay fully compliant with existing and potential law, as well as changes to existing law, to avoid potentially expensive legal action.

The amended law in Massachusetts has some substantive changes that will affect pre-employment background screening.

From LaborAndEmploymentLawCounsel.com (May 24, 18):

In addition, the criminal justice reform bill lowers the number of years before an individual can seek to have a criminal background record sealed or expunged. Ultimately, this means that employers will have less access to criminal history information in making employment decisions. In response to employers’ concerns about being held liable for negligent hiring or retention based on criminal history to which they no longer had access, the legislature included a provision in the bill that incorporates presumptions based on employers’ more limited access to such information. Employers will be presumed not to have notice (or the ability to know) about (i) records that have been sealed or expunged, (ii) records about which employers may not inquire under the anti-discrimination law, or (iii) crimes that the Massachusetts Department of Criminal Justice Information Services cannot lawfully disclose to an employer.  laborandemploymentlawcounsel.com/2018/05/another-change-to-massachusetts-ban-the-box-law/

How and when Criminal History Records can be used will continue to evolve and what happens in Massachusetts could eventually occur across the country.  Ultimately, the use of Criminal History Records will evolve just as Ban-the-box legislation will evolve.

With this kind of constant change in law it is very wise and a best practice for employers all across the country to partner with a professional employment background screening company to help them remain fully compliant in all aspects of the hiring process.

To read more about the changes to ban-the-box laws in Massachusetts and the overall continual expanse of this movement throughout the USA and what affect it has on employers and employment screening practices read recent CriminalBackgroundRecords.com press release:  Be Current, Stay Current; Evolution of Ban-the-Box Laws as Exampled by Massachusetts

Filed Under: employment screening

Who can Enter a Rental Property and Why

June 1, 2018 By

Although a rental property is not owned by a tenant, expectations of privacy remain sacrosanct.  Tenants have expectations on who can enter a rental unit and an understanding of why someone may gain access to the property while the renter is not home.

Privacy is critically important to a renter but there may be legitimate reasons a property can be accessed without the renter’s presence.

From thebalancesmb.com (May 01, 18):

Under landlord tenant law, the landlord is allowed to enter a tenant’s rental unit for issues related to:

    • The maintenance of the property.
    • The sale or rental of the property.
    • Safety or health concerns.
    • When granted the legal right to by a court of law.

thebalancesmb.com/a-landlord-s-right-to-enter-rental-property-2125097

It is incumbent on the landlord and/or property manager to maintain and respect the privacy of a renter, as well as the security of personal property within the rental unit.

Oftentimes renters do not have a clear understanding of what maintenance responsibilities are placed upon the renter and those placed upon the landlord or property owner.

It is imperative that all maintenance people are thoroughly background checked prior to entering into a rental property and this must be the responsibility of the landlord.   Just as a tenant background check is a critical tool in vetting a renter, background screening or confirming background screening of maintenance crews is just as important.

From LettingAgentToday.co.uk (May 01, 18):

A new survey of tenants suggests many know little about essential maintenance of their property, and often fail to check the professional credentials of tradespeople.  lettingagenttoday.co.uk/breaking-news/2018/4/survey-finds-many-tenants-dont-check-tradespeoples-credentials

Checking a background on anyone entering a rental property should be of paramount importance.  Failure to do so could prove dangerous.

Landlords must provide advanced notice for entry into a rental unit as well as conduct entry during typical and normal operating hours.

In Charlotte, North Carolina residents of an apartment complex have concerns about maintenance personnel entering rental units.

From WSOCtv.com (Nov. 03, 17):

They said with the high cost of rent, $1,700 to $2,200 monthly per unit, they thought they were pricing themselves out of certain security problems.

But, they said valuables have been disappearing from apartments and the staff is not responding to their complaints.  wsoctv.com/news/apartment-maintenance-workers-criminal-past-raises-residents-concerns/637319997

Ultimately a landlord must create a safe environment for tenants and manage who goes into a rental property.  Just as a landlord conducts tenant screening on all applicants, maintenance personnel should be background checked as well.

Background screening on maintenance personnel should include:

Investigating the claims of the residents of the Charlotte apartment complex a local news agency made some startling discoveries regarding maintenance personnel.

From WSOCtv.com (Nov. 03, 17):

A Channel 9 investigation uncovered that … served prison time in California for second-degree burglary and defrauding an innkeeper.  ibid

Knowing that maintenance personnel and others that get access to a tenant’s private apartment could be thieves or criminals makes it paramount that all individuals given access to an apartment are properly background checked by the landlord or property manager before access is granted.  Furthermore, landlords and property managers should work with a well-qualified tenant screening agency for all apartment applicants and use a well-qualified background screening agency for vetting of maintenance personnel.

To learn more about who can enter a private apartment as well as why they are allowed in; and how background screening of maintenance people and others given access to the apartment remains essential read recent TenantScreeningUSA.com press release: Entering a Rental Property; Who and Why

Filed Under: Tenant Screening

Caregiver Abuse Still in Headlines – Background Screening can help

May 24, 2018 By

Constantly and currently in the news headlines demonstrate the continuation of caregiver abuse in the USA.  Children and the elderly are considered at-risk populations that need to be protected from malfeasant individuals under the guise of caregivers.  Instead these at-risk populations should go under the care of professional kind people without histories of abuse and criminal activity and this determination can in many cases be made with a thorough and complete background screening.

Finding a caregiver can be an enormous task.  Regardless of whose being cared for, either very young or elderly, finding the right caregiver for a loved one is of paramount importance and a task that should never be taken lightly.  Whether those that are being cared for live at home or in an institution, proper and thorough vetting of a caregiver may avoid potential harm and misfortune.

This is why all caregivers prior to given unsupervised access to children and the elderly must pass a thorough background screening that includes a criminal background check, sex offender registry search and verifications as well as proper reference checks.

Today’s headlines are filled with stories about abusive caregivers.  From an Indiana daycare facility to elder abuse in Syracuse, New York the risk remains significant for those under the aid of a caregiver.

Interestingly enough being a caregiver can be a richly rewarding occupation.  The care of at-risk populations such as the young and the elderly is a critically important task, but one with a high potential for risk.

Managing risk is the central precept of background screening.  The ability to mitigate risk through careful and lawful use of public records such as criminal background records as well as thorough verification of references is of critical importance to those utilizing background checks for caregivers.

In Indiana horrific details emerged as a daycare facility allegedly allowed a 1-year-old child to be beaten and severely injured.  During the course of an investigation several significant violations were discovered.

From MSNnewsnow.com (May 04, 18):

Violations included: no drug screen completed for caregiver, no consent form submitted for caregiver, no fingerprinting for national background check. Violations also included: unqualified caregiver present, two lack of supervision violations and child abuse not immediately reported by caregiver. As a result, the location was shut down.  msnewsnow.com/story/38112300/daycare-shuts-down-after-1-year-old-beaten

A thorough pre-employment background check, one with a complete drug screen, as well as compliant consent documentation, may have deterred malfeasant individuals.

In Syracuse, New York a caregiver received sentencing in a case regarding her actions against a 92-year-old individual.

From a May 3, 2018 article (Syracuse.com) discussing the actions of the abusive caregiver:

First, she stole lots of money from the elderly woman: $24,000 when you count the fake checks, forged withdrawals and other hanky-panky, according to testimony in court today. Pierce, who couldn’t pay any of it back, spent it on everything from nail treatments and Burger King to fast cash to support her drug habit, according to testimony in court today, authorities said.

Second, she abused the victim, who weighed less than 100 pounds, by leaving her alone for long stretches (neighbors saw her wandering aimlessly in her backyard with a walker); taking away her Life Alert (which her family found on top of the fridge) and driving the victim to the bank and stores for the sole purpose of emptying her accounts.

Third, the victim’s family says, Pierce pushed the victim to take a ton of Benadryl — far more than she needed to sleep — so that she was sleepy and quiet when family came to visit. That was Pierce’s way of keeping her from revealing the abuse, her family alleged.  syracuse.com/crime/index.ssf/2018/05/outraged_family_grandmother_92_could_have_gotten_better_care_from_a_serial_kille.html

Unfortunately caregiver abuse is a continuing crisis in the United States and will continue to appear in headlines.

In order to aid in the reduction of abuse to at-risk populations In the USA it should become common practice to fully vet all caregivers, family or professional using a well-qualified third-party background screening agency. An agency that remains fully compliant with law and has the capability to draw information from public records and can complete thorough reference verifications and assist in confirming the accuracy of caregiver job applications.  It is incumbent on the rest of the country to ensure that everything possible is being done to protect those that cannot protect themselves, and thorough vetting of caregivers before given access to children and the elderly is a good start.

To read more about why caregiver abuse remains in the news and how proper background screening can help prevent this kind of harm and misfortune to at-risk populations read recent CriminalBackgroundRecords.com press release:  Caregiver Abuse Remains in the Headlines

Filed Under: Uncategorized
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