All over the USA there is new legislation looking to make significant changes to tenant screening laws and this should alert landlords and property managers to review existing tenant screening policies. It is also a time to consider working with a well-qualified tenant screening agency to help in remaining fully compliant with existing and new law. It is this halfway part of the year which oftentimes new laws get enacted and in 2019 this thought remains true; and should alert landlords and/or property managers to the urgency of remaining compliant with every changing law even if it is in a different State.
Housing continues to be a challenge across the country and as lawmakers take up the challenge of housing changes occur with laws governing tenant screening. This attempt to manage and control rental housing may lead to confusion over the legal and lawful use of tenant screening documents like eviction records and criminal background records. Subsequently, landlords should work with a professional tenant screening agency for assistance in maintaining compliance in their applicant selection vetting process.
In California State legislators continue to battle homelessness and affordable rental, two challenges that go hand in hand.
From the website of the Sacramento Bee, (Jul 01, 19):
One of the few remaining tenant protection measures still alive in the California Capitol became a two-for-one bill this weekend, after lawmakers amended rent cap legislation to include eviction restrictions.
The strengthened Assembly Bill 1482, which limits rent increases to no more than 7 percent plus inflation, now also prohibits owners from evicting residents under certain circumstances. sacbee.com/news/politics-government/capitol-alert/article232144507.html
Evictions have always been an important tool for landlords in managing their property. With changes to eviction laws, landlords must take greater care in managing their use of evictions.
In Washington DC lawmakers are taking a different direction in managing rental housing and ease of availability by changing law to allow for expungement of eviction records.
From DC.Curbed.com (Jun 28, 19):
That could change under legislation proposed this month by Ward 3 D.C. Councilmember Mary Cheh. As drafted, it would allow D.C. judges to seal or expunge eviction records in a number of circumstances, and it would also require them to seal all eviction records three years after an eviction proceeding is resolved in court. Cheh says the goal is to offer “long-needed relief to tenants” and help ensure that evicted renters can find affordable housing.
“An eviction is a permanent mark on a tenant’s record, harming one’s ability to find safe and secure housing,” she said during a June 18 D.C. Council meeting. “Eviction records can have devastating consequences for tenants. Landlords may charge a higher rent based upon the presumed risk posed by the tenant, or they may refuse to consider the tenant’s application outright.” The harms are acute for those who have experienced homelessness, Cheh added. dc.curbed.com/2019/6/28/19102673/evictions-housing-landlords-tenants-court-rent-displacement
Finally, and, perhaps, most importantly the State of New York has enacted a wide-range of laws governing tenant screening and housing. Just as changes in housing laws in Portland and Seattle can have broad reaching affects, changes to New York law can have a national impact as well.
From NewYorkTimes.com (Jun 21, 19):
Taken together, the new laws — on everything from evictions to security deposits to rent caps for residents of mobile homes — represent a significant power shift away from landlords and cement New York’s standing as a national leader of policies favorable to renters, of which there are 8.2 million statewide. nytimes.com/2019/06/21/nyregion/rent-laws-new-york.html
The citations herein are only the tip of the iceberg, regarding change to tenant screening laws, most specifically the use of eviction records. Although the use of tenant background checks will continue, how and when they are used is changing as laws change to help alleviate the affordable housing crisis and to help people with certain pasts be able to get safe and secure housing and to minimize homelessness as best as possible.
To learn more about the new legislation that will be affecting the tenant screening arena and why States and Cities are making new laws to reduce homelessness and to help increase affordable housing read recent TenantScreeningUSA.com press release: Changes in Tenant Screening Law Should Alert Landlords; Opines TenantScreeningUSA.com