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50 Years of Fair Housing

May 11, 2018 By

The Fair Housing Act (FHA) has reached its 50th anniversary and occurrences of discrimination are still plaguing the current housing market.  This benchmark should be a reminder to landlords, property managers and owners that remaining compliant with the FHA is still a top priority.

Fifty years ago on April 11, 1968 President Lyndon Johnson signed the Fair Housing Act , an action designed to eliminate discrimination in housing based on race, color, religion, and national origin and later expanded to cover sex, familial status, handicap, disability, sexual orientation and gender identity.  journalstandard.com/news/20180407/celebrating-50-years-of-fair-housing-act?start=2

In light of the 50th anniversary of the Fair Housing Act all landlords and property managers should take the time to review current tenant screening and housing policies in order to stay fully compliant with the FHA and other related laws governing renting and tenant background checks.

The FHA and its ground breaking effort to eliminate discrimination in housing both for renters and buyers still has not achieved its goals.  The Fair Housing Act was passed to protect at-risk classes in their efforts to rent and buy housing fairly and without discrimination; and should immediately remind landlords and property managers to review all existing tenant screening policies.

The Fair Housing Act of 1968, and as expanded in subsequent years, is a tool used to enforce against discrimination in housing, both rental and purchase.

From JournalStandard.com (Apr 07 18):

This legislation has made it illegal to discriminate against anyone in a protected class when it comes to housing. This law applies to renting as well as purchasing housing. It is also illegal to refuse to rent to someone because of discrimination and the Department of Housing and Urban Development (HUD) has very stiff penalties for violations. You can be fined up to $16,000 for a first offense and upward of $100,000 for additional offenses. These violations are extremely serious and the government has zero tolerance for such discrimination.  ibid

Over the last fifty years the Fair Housing Act has accomplished a great deal but there is always room for improvement.

From OzarkFirst.com (Apr 05, 18):

“50 years is a long time, and while there’s been a lot of progress,” … “there is always so much more to do. And I think this is a good time to pause and say, yes we’ve done well, but we can still do much better.”  ozarksfirst.com/news/celebrating-50th-anniversary-of-the-fair-housing-act/1103533834

Anniversaries such as the 50th for the Fair Housing Act are great reminders to landlords to insure all policies are and continue to be fully compliant with law. Utilizing a well-qualified third-party tenant screening agency continues to be a best practice in order to remain fully compliant.

Across the country different cities and states are using the month of April as a way to remind citizens of housing rights.

From the Sentinel-Tribune of Bowling Green, Ohio (Apr. 04, 18):

The city of Bowling Green supports fair housing efforts to eliminate discrimination in housing by providing education to seekers of housing, rental property owners/managers and others regarding state and federal fair housing laws; monitors local advertising for potential fair housing violations; and reports violations of the fair housing acts to the Ohio Civil Rights Commission.  sent-trib.com/news/local/april-is-national-fair-housing-month/article_f89d4ec3-f5c3-5049-9c0f-d66096f79a52.html

Landlords and property managers should use the anniversary of the Fair Housing Act as a reminder to insure tenant screening policies are fully compliant and as a means to avoid potential penalty.

Over the past 50 years it has become clear as a nation that the idea of discrimination when it comes to an essential part of life like housing needs to be eliminated.  Citizens and legal residents of this country need a place to live and being turned away due to some form of discrimination is not acceptable and laws such as the FHA will continue to be enforced until the day comes when discrimination in the housing arena has been abolished, a lofty goal but well worth the effort.

To learn more about the relevance of the 50 anniversary of the Fair Housing Act and why landlords and property managers should take this time to review their current tenant selection policies and procedures as well as point out discrimination in the housing market that still exists read recent TenantScreeningUSA.com press release:  April Marks 50 Years of Fair Housing Act & Should Remind Landlords to Remain Compliant, Opines TenantScreeningUSA.com

Filed Under: Tenant Screening

Summer is coming and Volunteer Background Checks Should be a Must

April 25, 2018 By

Even as summer weather is delayed in many areas in the USA parents are already thinking about what to do with their children once school ends in June.  Across the country thousands of children will be thrust into the void that can be summer break.  Certainly weeks long family vacations can fill parts of the summer void but desperate parents, especially those with two-income families, will look to various kinds of camps to keep the little ones occupied.

For many families in the US that means time for summer camps.  During the summer break children across the country will participate in a wide variety of activities in away-from-home destinations.  Some camps are day time only while others include sleep overs.  Such camps and programs can be great experiences for kids and a time to learn more about themselves and how to get along with others.  However, whenever there is an occasion where adults spend unsupervised private time with children the threat of abuse exists.

Summer camps are filled with a wide variety of activities, locations, and possibilities.  From weeklong sleepaway camps to localized day camps, children of all ages will find something to do.

In light of all the good aspects of summer camps the concern of child abuse at such a location is very real.  It is difficult enough for a parent to let go of their child for any extended stay away from the family, but the concern of an adult abusing their child is of even greater concern.  This is why parents should demand that the individuals working at an organization or camp their child is going to be attending go through a thorough and reliable background check.  This first line of defense is critical to a parent and must be met before entrusting their child to such individuals.  This background screening criteria also needs to include all volunteers as well.  When it comes to the safety of children volunteer background checks are just as important as performing background checks on full time staff and employees.

Parents need assurance that the individuals who interact with their children are not criminals or sex offenders or exhibit other malfeasant tendencies.  It is also important to note that many camps rely heavily on volunteers who prove invaluable to the successful operation of a summer camp.  Overlooking background check requirements on these people would be a huge oversight and a big mistake.

Any person that works with an at-risk individual, either youth or elderly, should be background checked, regardless if it is a volunteer or paid position.

In Massachusetts local government is facing pressure to expand background screening for volunteers and has developed plans to implement expansion.

From the Eagle Tribune (Apr. 12, 18):

Workers at summer camps, preschools and day care centers that get federal grants may soon need to be fingerprinted and subjected to national criminal background checks.

A plan filed by Gov. Charlie Baker expands background check procedures for the Department of Early Education and Care to comply with new federal rules, which require a check on the National Sex Offender Registry.  eagletribune.com/news/state-under-pressure-to-expand-background-checks/article_83c3c960-0c9b-56ae-8a63-047e27ce4124.html

Background screening is an invaluable tool to assist Camp Program managers in protecting children from potential predators.

Often a well-defined and well-publicized pre-volunteer or employment background check can prove a first line of defense against predators.

Organizations that take the extra step with a thorough volunteer background check are providing that line in the sand against potential malfeasance.  Often understanding that a camp performs background checks on its volunteers is enough of a deterrent to give a predator pause before pursuing a volunteer role.

From the American Camp Association’s website:

Performing criminal background checks on the people who will be working with the children in your care is not only a standard of the American Camp Association (ACA); it is your obligation to the families that have entrusted you with their kids.  acacamps.org/resource-library/campline/criminal-background-checks-staff-volunteers

Ultimately a best practice remains for all summer camps and related organizations to conduct thorough pre-volunteer or pre-employment background checks.  A background check can potentially act as a first line of defense against would-be predators.  Further, organizations should work with a well-qualified third-party background screening agency to develop screening options.

It is essential that parents ask the summer camp or organization they are leaving their children with about the background screening program in place and demand thorough criminal background checks and other essential background checks on not just full time staff and employees but volunteers as well.  Children are considered an at-risk population and making sure due diligence is performed helps protect the youth from malfeasant individuals.

To read more about why volunteer background checks should be a must in summer camp programs and how a thorough and reliable background screening program can help thwart malfeasant individuals from getting unsupervised access to children read recent CriminalBackgroundRecords.com press release:  Avoid Summertime Blues and Conduct Volunteer Background Checks

Filed Under: Uncategorized

Proper Tenant Screening is Always a Best Practice

April 10, 2018 By

All over the United States the demand for single family housing has quickly become a rental boom.  Cities large and small across the country have not been able to keep up with the demand for rental units.  The demand is so high that properties large and small often have a waiting list for available units.  Securing a rental unit or apartment has become increasingly competitive which means rental prices are on the rise.

As single family dwellings become increasingly expensive and as the latest generation of college graduates become more transient in lifestyle choices, the availability and the cost of housing has become problematic.

Additionally as more and more people are priced out of home ownership or choose not to own a home, renting has become an even greater challenge.  Apartment unit prices are climbing as availability shrinks.  In order to get the very best tenant a landlord really needs to work with a well-qualified professional tenant screening agency to conduct tenant checks on their potential new tenants.  With larger pools of applicants applying for the same rental unit a landlord needs to make sure the tenant selection policy they have in place is both legally compliant and fair.

Tenant Screening is one of the key elements of the rental process and one of the most important.

A tenant background check goes a long way in verifying the information an applicant provides to the landlord.  A best practice is to confirm that information through tenant screening.

Tenant screening or, more commonly, tenant check provides a landlord and/or property manager with valuable information that allows the best decision to be made for an available property.

From Forbes.com, discussing the need for a “formal tenant screening report” (Mar 08, 18):

This report should include a credit report, a criminal background check (in locations where this is legal) and an eviction report. This formal report can help you determine if a renter meets your criteria and will alert you to a history of evictions.  www.forbes.com/sites/forbesrealestatecouncil/2018/03/08/how-to-screen-potential-tenants-and-save-thousands/3/#4a3c31c7a8da

As stated in RealtyBizNews.com defining why a tenant check should be conducted (Feb 22, 18):A tenant background check is important for the following reasons:

  • To find out if they have a criminal record
  • To choose the best tenants from your pool
  • To check their work history
  • To make sure that they will comply with your rules
  • To confirm your tenant’s rental history
  • To know which questions to ask during screening
  • To confirm their identity  realtybiznews.com/traits-to-look-for-in-a-potential-tenant/98747118/

There are any number of reports used in tenant screening:

  1. Consumer Credit report – Verify an applicant’s ability to fulfill financial obligations of a rental agreement.
  2. Eviction Report – Draw upon past history of a tenant’s ability to stay in a unit without formal cause for discharge or eviction.
  3. Sex Offender Registry Review – Insure the safety of existing tenants.
  4. Social Security Number Trace – Can advise previous counties of residence as well as confirm name.
  5. Criminal History Records – Drawn from the County Courthouse, this document can be the most accurate and current piece of information regarding an individual’s criminal past.

The temptation for a landlord in a time of plenty may be to overlook certain aspects of the renting procedure, primarily to skip attaining some tenant background reports like criminal history or eviction checks and instead just make their decision based on income and work history and just pick the tenant with the highest income or some other qualification.

A landlord can be very picky if the applicant pool is large enough, but still must be careful that their tenant selection process is legally compliant and fair to all applicants.  Despite the size of the applicant pool the criteria used for screening new potential applicants must be consistent or could lead to legal and financial disaster especially if a Fair Housing Lawsuit is put against the landlord for inconsistencies in the tenant selection process.

Having an inconsistent resident selection process or picking new tenants based on gut feelings or other unfair methods would be a big mistake and that is why it is still a best practice for landlords, property managers and even owners (regardless of property size) to work with a well-qualified professional tenant screening agency.  This way the landlord not only gets the information required to make a solid decision but can also avoid applicant discrimination and can ensure they remain compliant with all relevant laws.

To learn more about the current rental boom in the USA and how proper tenant screening policies and procedures can help landlords pick the best available new tenants while also mitigating financial and legal risks by employing a professional tenant screening agency for their background reports read recent TenantScreeningUSA.com press release:  Best Practice in Tenant Screening

Filed Under: Tenant Screening

Costly EEOC and FCRA Lawsuits Might be Avoidable

March 23, 2018 By

Every year in the USA lawsuits involving action by the Equal Employment Opportunity Commission (EEOC) and based upon the Fair Credit Reporting Act (FCRA) come to trial.  Regardless of the result of a court trial, litigation is a costly expenditure for a company.

The use of public records such as criminal background records in the hiring process or rental process are regulated by certain entities and specific rules apply to when and how they can be used.  Additionally, employment screening utilizing employment background checks like criminal background checks are not just regulated by a number of agencies including the EEOC but also by State and Local laws; enforcement of these laws means these entities can sue companies that violate any applicable law.

Further, employment screening practices are regulated by a number of agencies and laws governing the use of public records including the proper use of criminal background records and can vary between jurisdictions.  Well-qualified background screening agencies understand that the actual screening process can be very complicated and requires a number of steps that are regulated by law.  That is why partnering with a reputable employment screening company can greatly assist in avoiding hiring-related litigation.

Proper and compliant background screening is a critical tool utilized by hiring managers to make a well-informed and legally compliant decision on a job applicant.  The information drawn from a typical pre-employment background check can verify and confirm information provided by an applicant.  From credit worthiness to criminal history data, a background check can be extremely valuable to an employer.

As has been seen in recent court cases the cost of hiring-related litigation can be very expensive; however if employment screening practices are legally complaint and background reports obtained are used according to Federal, State and Local mandates the whole ordeal of going to trial can be avoided.  A best practice remains for an employer to work with a well-qualified third-party background screening agency to remain fully compliant with all existing laws governing employment screening.

In 2012 the EEOC released guidance to employers regarding how to lawfully manage the use of criminal history records as part of pre-employment background screening.  This action created some concern for hiring managers.

A Texas court took up the matter and pushed back against the EEOC in a lawsuit, State of Texas v. EEOC, No. 5:13–CV-255, 2017 U.S. Dist. LEXIS 30558 (N.D. Tex. Feb. 1, 2018).

From Lexology.com (Feb 28, 18):

The Court granted the EEOC’s motion for summary judgment, and denied Texas’s motion for summary judgment and request for declaratory relief. First, the Court opined that Texas did not have a right to maintain and enforce its laws and policies that absolutely bar convicted felons (or certain categories of convicted felons) from serving in any job that the State and its Legislature deemed appropriate.  lexology.com/library/detail.aspx?g=24076a67-0f45-44e8-ade3-976815d65eba

In three recent cases brought under the guise of FCRA enforcement employers prevailed. In Lewis v Southwest Airlines; Branch v Geico; and, Culberson v Walt Disney results varied but the ultimate outcome shows the employer victorious.  jdsupra.com/legalnews/employers-prevail-in-fcra-class-actions-49345/

But at what financial cost?

Larger companies with legal departments can bear the brunt of a court case brought forth due to background screening concerns.  But this prospect for small to mid-size companies could be financially devastating.  Maintaining compliance with laws governing the use of employment background checks is a prudent best practice.

From JDSupra.com discussing conclusions from recent FCRA related lawsuits (as cited above) (Mar 1, 18):

The law in this area is dynamic, and employers should continue to monitor case law and regulatory developments.  To mitigate risk, employers should also arrange for a privileged review of their disclosure documents and pre-adverse action notices and procedure.  In addition, employers should continue to be mindful of their obligations under expanding state and local ban-the-box laws, which intersect with the FCRA’s required processes.  jdsupra.com/legalnews/employers-prevail-in-fcra-class-actions-49345/

Ultimately a best practice remains for companies large and small to work with a well-qualified third-party background screening agency in order to remain fully compliant with all laws governing the use of reports related to background screening and the practice of background screening itself.

EEOC and FCRA lawsuits can be very expensive for any company and may be avoidable by partnering with a professional well-qualified background screening agency.  Having a legally compliant hiring process can help thwart lawsuits and protect a company from financial risk.

Decisions related to hiring, firing, promoting or reassigning should be backed by compliant employment background checks that abide by current laws including, Federal, State and Local laws as well as remaining compliant with regulations enforced by the EEOC and based on the FCRA.  Knowing the rules and regulations pertaining to the hiring process and partnering with a reputable and highly qualified employment background screening company that also knows the rules and regulations required by law is the safest route in mitigating risk.  Then all it comes down to is the proper implementation of such polices and that can help any company or organization in the USA avoid costly litigation and at the same time give all job applicants a fair chance at gainful employment.

To read more about the EEOC and FCRA and how companies and organizations in the USA can avoid costly litigation due to improper and non-compliant hiring policies and procedures read recent CriminalBackgroundRecords.com press release: EEOC and FCRA Lawsuits Can Be Costly & Might Be Avoidable

Filed Under: background checks

Evictions on the Rise – Recent Events and Tenant Screening

March 16, 2018 By

Recent events involving evictions showcase there misuse and how this can affect tenants.  Eviction rules can be used unjustly while proper tenant screening efforts at the beginning of a landlord/tenant relationship can prove mutually beneficial.  Evictions are increasing across the United States for a variety of reasons the most prevalent being caused by higher rents and job loss.  And, subsequently, evictions can create considerable stress on families, causing disruption of routine, lifestyle, and education.

In New York, as well as across the country, tenants can get evicted for calling on police for assistance.

From the ACLU webpage (Jan 23, 18):

The second time that Laurie Grape called the police during an attack by her then-boyfriend, they told her that a third call would get her evicted. Under a local law in East Rochester, New York, three police responses to the same property within a 12-month period were once grounds for a person to be kicked out of her home. The next time her ex-boyfriend attacked her, Laurie decided to stay silent rather than risk eviction.  aclu.org/blog/womens-rights/violence-against-women/tenants-can-get-evicted-calling-police-across-new-york-and

While it is incumbent on landlord or property manager to work with a well-qualified third-party tenant screening agency in order to remain compliant with existing law, the reasons for an eviction should be taken into consideration as well.

Eviction reports are a critical tool in the vetting process but understanding the reason for such an eviction may be of benefit for the landlord.

There are instances when such a law may actually cause more harm than good.

Again, the ACLU webpage (Jan 23, 18):

When tenants are told that calling the police could result in their eviction, they stop reporting crimes or dangerous conditions, making police officers’ jobs more difficult. And nuisance ordinances are not tailored to prevent crime because they often punish landlords and tenants regardless of whether a given crime was committed by someone connected to the property where it took place.  aclu.org (ibid)

Another reason for eviction is a tax lien.  And it may not be the fault of the tenant.  When a landlord or property owner falls behind on paying for property taxes, or water/sewer bills, properties may be foreclosed on and, subsequently, property sold.  And the renters potentially face eviction.

From the New England Center for Investigative Reporting (Jan 23, 18):

The New England Center for Investigative Reporting, uncovered dozens of eviction cases across the state in the aftermath of tax lien foreclosures.  necir.org/2018/01/23/renters-face-eviction-wake-tax-lien-foreclosures/

Evictions also take a personal toll.

A woman and her family in Kansas City were evicted from public housing due to delinquent utility payments.

From FlatlandKC.org (Jan 29, 18):

… fell behind on payments, and the gas was shut off to her government-subsidized apartment in Kansas City. That violated a Kansas City Housing Authority rule and caused her to lose her rent voucher. Her landlord went to court to have her removed.  flatlandkc.org/public-works/level-foundation/reporting/education-evictions-kansas-city/

The loss of housing forced her children out of school, thereby disrupting their lives and educational progress.

Evictions can be harsh, but understanding the reason for eviction could be valuable to a landlord or property manager.  Knowing an applicant’s entire background through application, interview, and tenant check will allow a landlord to make a wise decision that will potentially have long-term benefits reducing the risk for eviction.

Ultimately a best practice for landlords and property managers is to work with a well-qualified tenant screening agency.  Evictions happen and it is incumbent on a landlord to understand the circumstances of that eviction.  A tenant screening agency can assist with tenant background checks and maintaining compliance with all laws governing tenant screening.

To learn more about the rise of evictions in the USA and how these evictions come to be along with their impact on both tenant and landlord read recent TenantScreeningUSA.com press release:  Tenant Screening and Evictions: Recent Events

Filed Under: Tenant Screening

Criminal History Reports in Employment Screening – Still a Hot Topic

February 23, 2018 By

All over the USA today States and other jurisdictions are discussing or enacting new laws regarding the fair, legal, and lawful use of criminal history reports in the employment screening process.  Recurring headlines presents another example of a state or city enacting a new law governing the use of criminal history reports and how they are utilized as part of pre-employment background screening.

Quite frequently over the past few years new cities or States have either considered or enacted new laws governing the use of criminal background records in employment screening or tenant screening.  The Equal Employment Opportunity Commission otherwise known as the EEOC released guidelines in 2012 on the lawful use of criminal background reports in the employment screening process.  Additionally the so called “ban-the-box” laws have been adopted all over the country making employers remove the box on their job application form that asks the applicant if they have a criminal record.

However, the actions of the EEOC and changes in legislation regarding the ban-the-box movement have created considerable confusion with many employers over the actual fair, legal, and lawful use of criminal history reports in the employment screening process.  Also the legalization of recreational marijuana in some States further complicates the hiring process in many States across the USA.

Whenever a city or state passes any form of legislation governing background screening employers should take immediate notice and review and possibly update any existing employment screening practices.  The actions of the EEOC and the enforcement of ban-the-box policy could be detrimental to an employer should they fall out of compliance.   It is in these instances when partnering with a professional third party employment screening agency becomes a wise decision for any employer in the country.

Just a short time ago in Washington, Idaho and Missouri legislators have either enacted new laws or are attempting to engage new laws governing the use of criminal history reports.

In the state of Washington the question of Criminal History has been put to a vote and the state House of Representatives passed a measure restricting the use of the criminal history question.

From The Chronicle; www.chronline.com (Jan. 08, 18):

A bill prohibiting the criminal history question on job applications passed the Washington state House of Representatives with a 52-46 vote.

HB 1298 was passed with votes along party lines on Feb. 7 with Republicans largely against it.  chronline.com/business/proposed-bill-would-prohibit-criminal-history-question-on-job-applications/article_2ed0c4f8-103a-11e8-bb25-b37d22305500.html

Removing the question of criminal history is designed to improve the chances of employment within various protected classes.  Studies suggest that to alleviate the challenges of recidivism gainful employment is an obvious and important first step.

In the state of Idaho the question of criminal history has also come up and some legislators are looking to take action.

From www.idahostatesmen.com (Feb 12, 18):

About 95 percent of people in prison will re-enter society at some point.

“These people who have or will enter their communities need gainful employment to build stability and to find success after incarceration,” Sen. Cherie Buckner-Webb, D-Boise, told the Legislature’s Senate Judiciary and Rules Committee on Monday.

For most ex-offenders, the first step to rebuilding their lives is getting a job, which means filling out employment applications.  idahostatesman.com/news/politics-government/state-politics/article199752454.html

 

Finally, in Kansas City, Missouri, City Council took action regarding criminal history and removing the box on all applications.

From a SHRM (Society of Human Resource Management) article discussing changes to Kansas City governance (Feb 12, 18):

Under the new ordinance, employers may not inquire about an applicant’s criminal history until after it has been determined that the individual is otherwise qualified for the position and only after the applicant has been interviewed for the position. The inquiry may then be made of all applicants who are “within the final selection pool of candidates.”

The ordinance, however, is not just about employment application content or criminal record inquiries. Like recent laws in other jurisdictions, the ordinance also limits employers’ substantive hiring decisions. Paralleling the EEOC’s guidance, the ordinance requires an employer basing a hiring or promotion decision on an applicant’s criminal history to be able to demonstrate that the decision was based on “all available information” including consideration of the frequency, recentness and severity of a criminal record.  shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/kansas-city-enacts-ban-the-box-ordinance.asp

Anytime there is substantive policy change or change in law all hiring managers and human resource personnel should take notice.  A best practice would be to work with a professional employment screening agency in order to maintain compliance with all existing law and prepare for changing law.

Knowing that 95 percent of people in prison will at some point re-enter free society it is imperative that they get a fair chance at employment.  The consequences of recidivism are harmful to society and one way to reduce this occurrence is with gainful employment.  Helping ex-offenders reentering free society get a decent job is believed to be a better course of action for the country and would have the benefits of helping overall economic growth and stability while aiding in the prevention of recidivism.

To read more about why more States are passing ban-the-box legislation and the philosophy they adhere too in regards to how employers should treat applicants and when they are allowed to perform criminal background checks read recent CriminalBackgroundRecords.com press release: Criminal History Reports in the News

Filed Under: Uncategorized

HUD and Disparate Impact – May Affect Housing

February 9, 2018 By

The new HUD administration lead by Ben Carson is delaying an Obama Era anti-segregation measure known as the AFFH rule (Affirmatively Furthering Fair Housing rule).  Change is constant and the heart of this new ideology is an attempt to move away from using disparate impact as a legal theory to prove discrimination.  The disparate impact theory can demonstrate discriminatory policies in the aggregate even though the policies themselves may not facially discriminate or have discriminatory intent but nonetheless disproportionally negatively affect specific classes of people such as African-Americans and Hispanic groups.

Disparate impact is a legal theory that HUD has used in an attempt to successfully implement all aspects of the Fair Housing Act (FHA) of 1968.  However the current administration is attempting to pull back the use of disparate impact theory as a legal enforcement tool.

From Curbed.com (Jan 05, 18):

Fresh off a failed attempt to delay a rule designed to give Section 8 housing voucher recipients more choice in where to live, Ben Carson and the U.S. Department of Housing and Urban Development (HUD) announced Friday that it’s delaying another Obama-era anti-segregation measure: the Affirmatively Furthering Fair Housing (AFFH) rule.

The AFFH rule, established in 2015, aims to realize aspects of the Fair Housing Act (FHA) of 1968 that never came to be. The FHA barred racial discrimination in housing, but not until a 2015 U.S. Supreme Court ruling did the ban include “disparate impact”: policies that are discriminatory without necessarily stating racial discrimination as an intent.  curbed.com/2018/1/5/16854218/hud-fair-housing-delay-obama

Attempts have been made over the years to legally and socially desegregate housing.  During the previous administration HUD utilized the legal theory of disparate impact, a theory suggesting defacto segregation may exist in housing and landlords may preclude certain classes, specifically African-American and Hispanic groups, from fair and equal housing opportunity.

From legaldictionary.net (no date given)

Disparate impact concerns policies and procedures – in employment, housing, education, and other issues – which are not necessarily meant to be discriminatory, but which end up ultimately having an “adverse effect” on a particular class of people, based on such traits as their race, color, or religion.  legaldictionary.net/disparate-impact/

As administrations change so too does the direction policy may take.  Change is especially true with a shift in political ideology.  Leadership at HUD has changed course and is potentially moving away from the use of disparate impact as a legal course of action.

Under new guidance from HUD the AFFH rule will be delayed in implementation.

Ultimately landlords and property managers should be aware of what is changing with the Department of Housing and Urban Development as it could eventually affect non-governmental entities and, subsequently, tenant screening.

Tenant screening is a critical tool utilized by landlords and property managers to vet rental applicants.

Recently politicians cite inconsistencies between Supreme Court findings and disparate impact and have pushed HUD toward recent changes.

From BankingJournal.aba.com (Nov. 15, 18):

The Department of Housing and Urban Development’s rule implementing the Fair Housing Act discriminatory effects standard is inconsistent with current Supreme Court precedents on disparate impact theory and could be negatively affecting HUD’s housing goals, a group of House Republicans said in a letter to HUD Secretary Ben Carson today.

“Local governments, commercial and residential lenders, issuers, developers, and other mortgage industry service providers are less inclined to participate in housing projects because HUD’s disparate impact rule does not comply with the Supreme Court’s rulings,” the lawmakers wrote. “This inconsistency will reduce housing production, which in turn will increase housing expenses for many Americans, including those who can least afford it.”  bankingjournal.aba.com/2017/11/gop-lawmakers-huds-disparate-impact-rule-inconsistent-with-supreme-court-precedent/

With new administrations and new court rulings it is clear that change is constant.  Whether it is a change in policy or in governance ideology change will occur.  In these times it is always a best practice for landlords and property managers to work with a well-qualified third-party tenant screening agency to help assist with any new laws or potential changes in law that could affect tenant screening policies and procedures.

To learn more about changes with HUD policy and why they are potentially moving away from disparate impact as a legal course of action and what this means to landlords and property managers read recent TenantScreeningUSA.com press release:  HUD Continues to Make Changes Affecting Housing; “Change is Constant,” Opines TenantScreeningUSA.com

Filed Under: Tenant Screening

New Laws in 2018 will Impact Employment Screening Policies

January 26, 2018 By

New laws starting in 2018 such as the passing of the California Fair Chance Act will affect pre-employment screening policies.  This new law is above and beyond previous ban-the-box laws and will change how employers conduct their hiring processes.  Not only will employers be banned from inquiring about an applicant’s criminal history they will also not be allowed to ask questions about their previous salary history.

These new changes in employment law in the state of California highlight the immediate need for Human Resource Departments to review their current employment screening procedures to ensure their hiring policies correctly reflect current law.  Even employers outside of California should take note of these changes as they could soon become adopted in other States.

On January 1, 2018 California enacted two significant laws affecting hiring and pre-employment background screening.

From the Mercury News (MercuryNews.com; Jan 01, 18):

Starting Jan. 1, employers in the state will be banned from asking job applicants about their criminal history before making a conditional offer of employment or from inquiring about applicants’ salary history.  mercurynews.com/2018/01/01/workplace-laws-in-2018-could-impact-job-seekers-parents-and-ex-offenders/

Of the many changes to law in California the elimination of the question regarding criminal history from the application as well as inquiry about salary history are significant.  Both of these changes should alert hiring managers and HR personnel to review all hiring procedures and employment screening policies including when criminal background checks can be conducted during that process.  Typically a conditional offer of employment must be in place before these types of background checks can be performed.  Paying attention to these new laws and working with a professional background screening company will help to ensure compliance with all existing and upcoming law.

California Fair Chance Act is a significant change from previous law.

From the San Francisco Chronicle (Dec. 27, 18):

Experts say the most significant new law is AB2008, the California Fair Chance Act. It prohibits public- and private-sector employers with five or more employees from seeking information about a prospective worker’s criminal history in job applications or interviews or running a criminal background check until a “conditional offer of employment” has been made. The goal is to reduce recidivism by preventing employers from rejecting ex-offenders out of hand.

The act goes further than California’s existing “ban-the-box” law, which prevents employers from asking applicants about arrest records that did not result in a conviction, juvenile offenses, expunged convictions and non-felony marijuana-possession convictions more than 2 years old. The existing law also prohibits state and local government agencies (but not companies or federal agencies) from asking applicants about criminal convictions until the agency determined that the applicant meets minimum employment qualifications.  sfchronicle.com/business/networth/article/New-state-workplace-laws-will-help-ex-cons-12458131.php

Ban the box activity has been spreading across the country over the past several years and affects a growing number of jurisdictions, both single location entities as well as multi-state companies.  And the laws vary from jurisdictions in subtle ways, such as California’s Fair Chance Act.  Laws governing the use of public records, especially criminal record reports, continue to increase in complexity.

AB-168 prohibits employers from asking about salary history.

From Lexology.com (Jan 02, 18):

AB-168 amends the California Labor Code to prohibit employers from “rely[ing] on the salary history information of an applicant for employment as a factor in determining whether to offer employment to an applicant or what salary to offer an applicant” or “seek salary history information, including compensation and benefits, about an applicant for employment.”  lexology.com/library/detail.aspx?g=3fcf8c88-5c95-406a-958c-cb120235adac

Any significant changes in employment and labor law affects how hiring managers can go about the employment screening phase of the hiring process.  California being the most populous State in the USA has a lot of clout and recent changes to California employment law may soon impact other States.  Before being caught off guard it is wise for all employers in the country to review existing pre-employment screening policies and procedures to ensure compliance for current and potential new laws.

To read more about how new laws such as those enacted by the State of California will affect employment screening practices and the overall hiring process in the USA read recent CriminalBackgroundRecords.com press release:  New Laws in 2018 Remind Business to Review Pre-Employment Background Screening Policies; States CriminalBackgroundRecords.com

Filed Under: criminal background check

Near Miss Evictions Highlights Consequences of Bad Information and Bad Tenant Checks

January 11, 2018 By

In a rental world where public records and other information are used to approve potential tenants or evict them, it can be devastating for this information and/or reports to be wrong or inaccurate.  Also bad luck doesn’t help either.  Either way evictions happen every day to thousands of people across the country.  There are a variety of reasons for evictions, some good and some questionable, but they happen nonetheless.  Landlords and/or property managers utilize eviction reports as a key tool in the tenant screening vetting process.

No one wants an eviction.  For landlords they can be costly and take months, even years, to finalize.  And for tenants eviction is a black mark on their rental history, one that may make it difficult to find another rental unit.

Evictions can occur for a variety of reasons.

In Hendricks County, Indiana a woman almost lost her apartment due to a stolen check.

From theIndyChannel.com (Dec. 05, 17):

A Hendricks County woman said a stolen rent check almost caused her to be evicted from her apartment.

Elizabeth McKee says she’s lived at the Bradford Park Apartments for three years and has always paid her rent on time.  theindychannel.com/news/local-news/hendricks-county/woman-says-she-was-nearly-evicted-after-someone-stole-her-rent-check-from-apartments-dropbox

A few days later McKee received notice of non-payment and was told the eviction process would begin if rent did not get paid by the 10th of the month.  Eventually the rental company realized that other checks appeared to have been stolen and put off eviction pending second payment.

In Las Vegas a family was evicted due to a faulty tenant background check that utilized a criminal history report.  Upon review, and after the eviction, it was discovered that the criminal report did not include any felonies, but only minor violations that had been dismissed years prior. The family has the option of filing a complaint with HUD, but does have to find other housing arrangement.  ktnv.com/news/make-a-wish-family-forced-out-of-home

From KTNV.com (Nov. 21, 17):

The U.S. Department of Housing and Urban Development sets guidelines when it comes to housing providers using criminal records. A memo issued in 2016 states, “Policies that exclude persons based on criminal history must be tailored to serve the housing provider’s substantial, legitimate, nondiscriminatory interest and take into consideration such factors as the type of the crime and the length of the time since conviction. Where a policy or practice excludes individuals with only certain types of convictions, a housing provider will still bear the burden of proving that any discriminatory effect caused by such policy or practice is justified. Such a determination must be made on a case-by-case basis.”  ktnv.com/news/make-a-wish-family-forced-out-of-home

It is unfortunate when a family is evicted due to poor tenant screening, but it does highlight the need for landlords and/or property managers to work with a well-qualified tenant screening agency in order to provide legally compliant tenant checks.

Often time’s evictions are utilized to clear challenging tenants, those not necessarily complying with the rules.

A property in Zanesville, Ohio received an abatement warning and the landlord began to take steps to clean up the property through the eviction process.

From ZanesvilleTimesRecorder.com (Nov. 08, 17):

Following an abatement warning, the owner of an apartment complex located at 1252 Edwards Lane issued residents a zero tolerance notice for illegal activity and nearly doubled the rent.  zanesvilletimesrecorder.com/story/news/2017/11/08/landlord-doubles-rent-evicts-nuisance-tenants-improve-property/844579001/

By increasing the rent some nuisance tenants could not pay and were either evicted or moved.

Policies need to be the same for all tenants.  Everyone must be treated fairly and in an equal manner otherwise legal problems could arise should a tenant be singled out and treated separately.  A best practice remains that landlords and property managers should work with a well-qualified tenant screening agency.

To learn more about how near miss evictions and actual evictions could have and did devastate some renters due to poor information or bad tenant background checks and how using a professional tenant screening company can help resolve this issue as well as being compliant with HUD guidelines read recent TenantScreeningUSA.com press release:  Near Miss Evictions Due to Bad Luck, Bad Information, and Bad Tenant Checks

Filed Under: Tenant Screening

Caregiver Background Checks

December 28, 2017 By

With the baby boomers aging a large portion of the US Populous is in need of caregivers.  The roles for caregivers in the home or in assisted living or in nursing homes have become critical to daily life.  Given the responsibility of watching over and caring for our at-risk populations (individuals that cannot necessarily take care of themselves, such as young children and the elderly), the selection of a caregiver must be taken with a great deal of scrutiny.

The vetting process of a caregiver is extremely important.  Whether a family decides to work with another family member, namely one outside the immediate family, or an outside service, the decision cannot be taken lightly.  However, many families are not familiar with the hiring process of employing an individual and may forgo the vetting process completely leaving their loved one with someone who may take advantage of them either by financial abuse or physical abuse.  Even families hiring a caregiver should use a professional employment screening company to properly vet the applicant before giving them access to the home or unsupervised time with the elderly.

One of the most important parts of the vetting of caregivers is a background check, with first and foremost being criminal background checks.  It is a relatively inexpensive tool that can provide invaluable information utilized in making a well-informed decision.  A thorough background check can uncover a criminal past or questionable character that may pose a significant risk to the elderly.

Caregiver background checks are valuable in at least two noteworthy key areas:

  1. Verification of previous employment, references, and professional accreditation.
  2. Review of all public documents primarily criminal records that may be pertinent to the hiring of a caregiver.

Understanding the details of an individual’s past provides insight into their potential future.  A professional employment screening process is designed to mitigate risk and expose red flags.

Key reports often used in a Caregiver background check include:

  • Criminal History Report – Drawn from county courthouses, a criminal history report provides the most current information available on a given individual.
  • Social Security Records Trace – Provides information on the county of an individual’s recent recorded residence.  This informs which county a criminal history report should be drawn from and provides verification of AKAs.
  • Sexual Predator Registry – Includes a Full 50-State Sex Offender Registry Search
  • DMV Report – If driving history is relevant

Without question a background check is the single most important part of the vetting process.

Care.com, one of America’s largest portals for individuals looking for work and those looking for them notes:

“A background check will look for criminal background records (felonies, misdemeanors or sex offender listings), in various places where you are believed to have lived. A more expensive check can provide them with information on your driving records, civil restraining orders, bankruptcy records and warrants.”  care.com/c/stories/2705/background-checks-how-to-handle-them/

The Children Welfare Information Gateway proclaims equally stringent requirements for background screening.

From ChildWelfare.gov:

A criminal records check refers specifically to a check of the individual’s name in State, local, or Federal law enforcement agencies’ records, including databases of records, for any history of criminal convictions. All States, the District of Columbia, and Guam require checks of State criminal records as part of the background investigation of prospective foster and adoptive parents and other caregivers. Nearly all States also require checks of national criminal records.  childwelfare.gov/pubPDFs/background.pdf#page=2&view=Who needs background checks

In the end it is extremely important for families and organizations that care for the elderly to hire caregivers only after a professional background check is performed to increase the odds of protecting the vulnerable and at-risk populous of the USA.  It is also important to note that laws and regulations governing the background screening industry can vary from state to state as well as from one jurisdiction to another.  This is why utilizing a professional third party background screening agency still remains a best practice for both families and organizations looking to protect the elderly.

To read more about how important it is for families and businesses to perform thorough background screening on all caregiver’s before giving them access to the elderly read recent CriminalBackgroundRecords.com press release:  Caregiver Background Checks

Filed Under: criminal background check
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