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In this Complicated Time in the Rental Housing Industry New Landlords Need to Be Aware of Tenant Screening Laws

November 12, 2019 By

In the past few years the rental industry and the tenant selection process within that arena has seen humungous change that has complicated how landlords can go about leasing their available units. Parts of this process such as performing criminal background checks on potential tenants now has to be performed a certain way in certain jurisdictions within the USA. These laws are not always consistent from one location to another and this makes the apartment rental process much more confusing for landlords. However, it is even more complicated and daunting to people becoming new landlords.

Recent laws being enacted across the country sometimes place limits on how far back landlords can look into a potential new tenant’s criminal history and/or eviction record history. Some places in this county even have laws regarding leasing decisions based on bad/poor or no credit history. Now more than ever new landlords need to do their due diligence before starting the leasing process. A best strategy would be to utilize a third-party tenant screening agency to help assist in remaining compliant with all laws pertaining to the tenant selection process.

Many people now in certain situations are considering becoming landlords. For instance, when their kids leave the coop it may be time to downsize. But the best option may be to keep the house and rent it out. Or perhaps there is a nest egg to buy a small rental property, an investment to create additional income. Or, maybe, the apartment over the garage is finally cleaned out and ready for a renter.

So you want to be a landlord?

There are a number of things to take into consideration before becoming a landlord. There’s the expense in the original investment, maintenance of the property, and finding a renter.

And conducting a tenant background check.

Being a landlord is no simple task, one that requires patience and persistence. And an important part of being a landlord is fully vetting all tenants. A best practice for tenant screening is to work with a well-qualified third-party tenant screening agency to remain compliant with all law. And, keep in mind, laws can change frequently.

Additionally, screening a tenant helps protect property and the investment. Investing in a rental property is a big financial commitment and one does not want to threaten financial standing through a bad tenant.

From Bizrate.com (Oct 4, 19):

Being stuck with a bad tenant can not only disrupt your cash flow, but it’s also one of the reasons landlords fail.

“People don’t screen their tenants adequately. One bad renter can ruin you,” … This can be especially true depending on your state’s landlord-tenant laws. bankrate.com/real-estate/becoming-a-landlord-do-you-have-what-it-takes-to-manage-property-and-people/

Laws that govern tenant screening and reports utilized therein are often complicated and can change frequently. For a new landlord it can be overwhelming.

From Bizrate.com (Oct 4, 19):

It is important to “always know and understand your federal, state and local rental laws,” … “Many landlords learn the hard way that not being knowledgeable about the laws can end in costly lawsuits or lost rental income.”

The U.S Department of Housing and Urban Development (HUD) Fair Housing Act prohibits housing discrimination based on race, color, national origin, religion, sex, disability and familial status. In addition to federal discrimination laws, each state and city will have specific landlord-tenant laws and regulations.

“Knowing the law will help you stay in complete compliance with regard to safety issues,” … “Not knowing will not protect you from legal action.” Ibid.

Being a landlord can be very rewarding, as long as you have the tools to do it. Adding a tenant screening agency to your tool box is a best practice.

Because of the wide spread affordable housing crisis in many places in this country new landlords may want to build or buy apartments that are affordable to help curb homelessness and to quickly fill their units with tenants.

Working with a tenant screening agency is critical and well worth it. The cost of not being in compliance is far higher than a simple tenant check. Additionally the cost to perform a thorough tenant check is negligible compared to the monthly rental income profits.

To learn more about the pitfalls of becoming a landlord and why it is imperative that all landlords understand the laws regarding the tenant selection process and why partnering with a tenant screening agency can greatly assist in remaining compliant with those laws read recent TenantScreeningUSA.com press release: So You Want to be a Landlord?

Filed Under: Tenant Screening

Holiday Hiring is Here – Don’t Forget the Pre-Employment Screening

October 23, 2019 By

The Holidays are fast approaching and companies are already starting to recruit extra help to deal with the huge increase in business. However, even though these new hires will only be temporary they still need to do due diligence and vet these new hires in the same way they would a full-time employee. Pre-employment background screening should apply the same way to seasonal hires as with full-time employees.

Even though part time help may be temporary they will still be representing the company they work for the same way as the full-time employees. Enacting consistent employment screening policies across all hires both temporary and full-time goes along way at mitigating risk and staying compliant with hiring laws.

Already holiday hiring is in full affect as the season of giving fast approaches. Retailers across the country are poised to hire hundreds of thousands of temporary workers. And it is a daunting task, but companies hiring seasonal help should maintain pre-employment screening policies and continue the same vigorous vetting process one might conduct on a long-term or permanent employee.

With the push for quick hiring on employers shoulders they are starting to have job fairs and hiring events at their stores. And 2019 promises to be a big year for seasonal help.

From HRDive.com (Oct 9, 19):

The seasonal hiring push is on. Retailers, in particular, are competing for talent in customer service, warehouse roles, distribution and delivery — and in heightened numbers even from the year before. hrdive.com/news/what-to-expect-from-the-2019-holiday-hiring-season/563953/

And the momentum is increasing.

Recently, a USA Today article highlighted the manic requirement for temporary seasonal help.

From Target.com (Sep 10, 19):

On Tuesday, Target announced it would be hiring more than 130,000 seasonal workers and will host hiring events at every store. The events are Oct. 11-13 and Nov. 2-3 from 10 a.m. to 6 p.m. local time. There also are openings at distribution centers. usatoday.com/story/money/careers/2019/09/10/seasonal-jobs-where-to-find-work-over-holidays/2271056001/

Companies should be encouraged to continue with their vigorous pre-employment background screening practices, with temporary and/or seasonal hires, as a best practice. Risk mitigation remains a priority within hiring and the responsibility does not lessen with seasonal employees.

From theJobNetwork.com (No Date Provided):

Yes, there’s a lot do when hiring seasonally, and you may need to fill vacancies quickly, but you still need to do basic things like conducting criminal background checks. Hiring the wrong candidate can hurt your business and force you to restart the entire cycle. The hiring process for seasonal employees should not deviate from the process you undergo for regular long-term employees. Even though you may be hiring at a higher volume for a seasonal push, you need to maintain your hiring standards and consider short-term workers as integral members of your organization. The short-term worker will be representing your business like any other member. thejobnetwork.com/5-tips-for-hiring-seasonal-workers/

Employees remain the face of a company and regardless the position are a critical part of a successful business. As the holiday’s fast approach and the need for help increases, hiring managers must maintain the integrity of the hiring process by conducting the same and equal background screening process regardless the term of employment.

Thorough vetting is critical for all new hires, permanent and seasonal, and working with a well-qualified third-party pre-employment background screening agency remains a best practice.

A thorough background screening should include a criminal background check (that includes a 50-State sex offender registry check), a social security number validation with address history trace and the necessary verifications such as previous employment and education background. Again, the key to compliance is consistency and that is why all new hires either seasonal or full-time should be vetted the same way.

To read more about why businesses and organizations should perform consistent pre-employment screening practices on both seasonal and full-time employees and why staying compliant with background screening policies is so important read recent CriminalBackgroundRecords.com press release: Holiday Hiring is in Full Effect; Maintain Pre-Employment Screening Policies

Filed Under: background checks

Minneapolis Proposed Rule Changes Point to Continuing Challenge in Rental Housing

October 10, 2019 By

Affordable housing and the overall rental housing marketplace continues to face issues all over the USA. Across the nation challenges in rental housing continue to grow exponentially. Demand continues to grow and, subsequently, so does cost to rent; thereby forcing parts of the population to become a greater risk for homelessness.

As rental housing becomes increasingly scarce, the cost to rent increases in a typical supply and demand scenario, but the real challenge is that families are getting squeezed out of housing and options are becoming limited.

The ordinance in Minneapolis seeks to limit the use of criminal records history and evictions records. In theory it is thought this practice will allow more individuals access to housing.

From StarTribune.com (Aug 29, 19):

The Minneapolis City Council’s Housing Policy and Development Committee approved moving the ordinance to the full council after the three-hour public hearing. The full council is expected to take it up next month.

The ordinance would limit how far back landlords can consider an applicant’s criminal and eviction histories, cap security deposits and limit how credit scores are used.

The public hearing caps a bitter summer long standoff between tenants and landlords that has put Minneapolis’ struggle to solve — or at least curb — the city’s affordable-housing crisis on full display. startribune.com/minneapolis-tenants-landlords-square-off-over-limits-on-screening-tenants/558625472/

The proposal will certainly affect landlords.

From StarTribune.com (Aug 29, 19):

The proposed rule would mean landlords can’t deny an applicant on the basis of a misdemeanor if the case is three-plus years old and seven-plus years old for felonies, and in certain cases of arson, assault or robbery more than 10 years old. Council members are also aiming to curb the effect of eviction judgments by not allowing them to be considered if they are more than three years old. The ordinance would also limit how credit screenings are used, including preventing landlords from denying an applicant because of insufficient credit history. The proposed ordinance would also cap the amount landlords can charge for a security deposit at a month’s rent. ibid

Opponents let their opinions be known as well, citing that safety could be compromised and the true cause of the housing crisis, lack of affordable housing, has not been addressed.

From MinnPost.com (Aug 28, 19):

The Minnesota Multi Housing Association (MHA), which advocates on behalf of some 1,900 property owners, disagrees. At the hearing, members of the group reiterated their argument that the council has embarked on a misguided effort to increase renters’ access to housing — one that could have unintended consequences for the city’s rental market and tenants’ safety

— while doing nothing to get at the root cause of the issue: a lack of affordable housing. minnpost.com/metro/2019/08/minneapolis-holds-first-public-hearing-on-controversial-tenant-screening-proposals/

The decision in Minneapolis has not been finalized and there is another month before the final vote is taken. But with housing an issue across the country many municipalities may look to Minneapolis as the road map of managing housing challenges.

In the end a best practice remains that landlords and property managers should work with a well-qualified third-party tenant screening agency in order to stay compliant with existing law as well as potential law.

To learn more about how new ordinances like the one in Minneapolis; if it becomes law would affect landlords and the overall tenant screening process, especially how criminal background records and eviction records can be used read recent TenantScreeningUSA.com press release: Proposed Rule Change in Minneapolis Points to Challenge in Rental Housing

Filed Under: Tenant Screening

Could Lyft’s Incorporation of Continuous Background Screening Become the Norm?

September 26, 2019 By

 

Performing post-hire background checks typically once per year has been a practice for many companies and organizations for a while now, however it has now been brought to the forefront of employment screening practices.

The recent example that ride-hail company Lyft employed as part of their prevention policy to help thwart the possibility of their driver’s committing offenses such as sexual assault may become a best practice for other companies in the USA. This practice is called “Continuous Background Checking”, a process in which an employer performs ongoing criminal background checks on their employees, part-time employees and even independent contractors in this Gig Economy in an ongoing way say once a year or less to ensure that if new offenses occur they will become aware of them hopefully in time to mitigate risk.

The rideshare company Lyft has recently faced legal challenges regarding sexual assault. Inadequate background checks are cited as one of the core problems regarding Lyft’s hiring practices.

From CBSNews.com (Sep 05, 19):

Fourteen women who said they were raped or sexually assaulted by Lyft drivers are suing the ride-hail company. The suit claims Lyft mishandled their complaints against drivers, in some cases allowing the drivers to continue working following the alleged assaults.

In the lawsuit, filed Wednesday in San Francisco, the anonymous women claim the app does not do enough to stop drivers from assaulting passengers. They allege Lyft fails to adequately perform background checks, does not communicate with victims after they accuse drivers of sexual assault, and does not have adequate technology in place to protect passengers. cbsnews.com/news/lyft-lawsuit-14-women-file-lawsuit-after-drivers-allegedly-sexually-assaulted-them/

As a result of all these sexual assault claims Lyft started using continuous background checks as part of their prevention policy and this may prove advantageous. Continuous background checks are a growing trend in employment background screening practices.”

From BusinessInsider.com (Sep 10, 19):

Tuesday’s announcements add to previous safety features that have been part of Lyft’s app for some time, like continuous criminal background checks that flag any drivers who may turn up in databases following their initial hiring, and location sharing. businessinsider.com/lyft-drivers-required-to-take-safety-training-after-attacks-lawsuit-2019-9

Continuous background checks are increasing in popularity and could be an important addition to any companies’ background screening policy.

From HRTechnologist.com (Jul 22, 19):

While facts like education credentials and employment information remain constant throughout an employee’s career, criminal records, driving records, and credit reports can change. As organizations place talent at the core of their growth strategy, ensuring that they have the right talent is now more important than ever. With workplace harassment, embezzlement, and fraud triggering concerns about the quality of the existing workforce’s character, employers are keen on continuous monitoring. hrtechnologist.com/articles/background-verification/what-is-continuous-background-screening/

It is true that continuous background screening would keep an employer well informed, but the frequency in which one can conduct such a background check is a gray area. A best practice would be to work with a well-qualified third-party background screening company in order to remain compliant with existing law and to figure out the appropriate frequency in which to perform ongoing background checks.

Unfortunately, the trend has proven slow to catch on. While the reasoning is sound, the adaptation has lagged behind.

From SHRM, the Society of Human Resource Management, (Apr. 08, 19):

The trend hasn’t caught on among most companies yet, though, as only 4 percent of 6,500 HR professionals said that their organizations perform continuous, rolling background checks on their employees, according to a survey conducted in July 2018 and released by the Society for Human Resource Management (SHRM) today… shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/shrm-trend-continuous-background-screening.aspx

Companies follow trends and with Uber and now Lyft conducting post-hire background checks others will follow. Certainly, a best practice remains that companies work with a well-qualified third-party background screening agency in order to understand continuous background checks (post-hire) and the value they may represent.

Although slowly; continuous background checks are increasing in popularity and could be an important addition to any companies’ current background screening policy.

In the light that there were fourteen women so said they were either raped or sexually assaulted by Lyft drivers it is important for companies and organizations doing continuous background checks to also include a 50 State Sex Offender Registry check each time they perform a background check.

In addition to a complete criminal background check one that includes a national sex offender check it is also very advantageous to perform a Social Security Number Search with Address History Trace so the employer can see all the places that a person has been to make sure they do background screening from every place the person has lived so no one falls through the cracks.

To read more about how employing continuous background screening practices can help avoid repeat offenders from assaulting or committing crimes against customers such as passengers from companies like Lyft and why continuous background screening that includes a national sex offender check may become a best practice for companies and organizations in the USA read recent CriminalBackgroundRecords.com press release:
Lyft Potential Example of Continuous Background Screening Best Practice; Opines CriminalBackgroundRecords.com

Filed Under: background screening

Identity Theft and Tenant Screening – Ongoing Challenges to the Rental Industry

September 12, 2019 By

Across the country identity theft continues to be an enormous challenge. Seemingly every day there is another announcement of a significant data breach, one that exposes millions of people to identity theft.

Recent data breaches include:

  • Capitol One – 100 million People
  • Equifax – 143 million People
  • Marriott – 383 million People cnet.com/how-to/its-not-just-equifax-heres-every-major-security-breach-and-data-hack-so-far/

The information gained and the results of a data breach varies, but the numbers involved should make everyone that exchanges data cautious.

Companies that use critical data such as social security numbers and consumer credit reports must provide the greatest security possible in order to protect data. It is not always easy, as seen with recent data breaches, but diligence and maintaining the most secure protocols goes a long way.

However, in Charlotte, North Carolina, one family experienced identity theft when an individual started renting apartments using stolen data.

From WSOCTV.com (Jul 11, 19):

One of the apartments in her name was at Somerstone Estates. The manager there told Channel 9 this looks like a subleasing scheme they’ve seen before, where someone rents an apartment with stolen information and then finds someone else to sublease it and pays them directly. wsoctv.com/news/-i-want-my-info-back-apartments-rented-out-by-identity-thieves/965192011

But identity theft can potentially take place from within.

In Salt Lake City a live-in maintenance worker went back to prison for a parole violation. In the course of searching her room officials discovered critical personal data of the residents. Access to this data was not part of the maintenance worker’s job description. sltrib.com/news/2019/04/11/salt-lake-city-apartment/

Renting a property is stressful for both parties. Landlords need to vet potential renters and verifying critical data such as consumer credit history and eviction records is an important part of the process. And for renters providing this data, there is always a concern about the security of information provided. Ultimately, using a hyper secure data portal for tenant screening such as modern tenant screening systems do may be the answer.

New Tenant Screening Services are now available online and go to great lengths to keep sensitive data and personally identifiable information secure and private.

Landlords – It’s most likely been a challenge to obtain the background information you need to get a more complete picture of your rental applicant-until now. Gain access to your potential tenant’s credit report, criminal report and a leasing recommendation without costly onsite inspections, monthly minimums or annual fees. Since the renter is part of the process, the renter consents to having his or her information viewed by the landlord or property manager.

Renters – For the first time in recent history rental applicants have some control over their sensitive, private data when it comes to background checks and applying to rent an apartment. Typically, the rental applicant gives their potential landlord their Social Security number (SSN) and other personally identifiable information (PII) as part of the leasing application process. But with modern online tenant screening systems the landlord no longer needs the SSN and other PII, and chances are, the landlords don’t want it so they can’t be responsible for any breach or misuse of such information. With modern online tenant screening systems, the rental applicant can verify their identity directly to the tenant screening agency without the landlord ever having access to it and then the tenant screening agency sends the landlord only the reports they need such as the credit report and criminal history report. Identifying information like social security number, birth date and account numbers are masked to protect the privacy of the renter.

When searching for a tenant screening agency always check to see how the process works and make sure the potential renter enters in their own sensitive information without the landlord having access to it. When the landlord emails the applicant a tenant screening request the rental applicant then fills in all their personal information and then the new tenant screening services run the necessary tenant background checks on the applicant including criminal background check, eviction record report, credit report and sometimes even a leasing recommendation. The landlord then receives all the background reports without ever seeing the personal information of the applicant. This new way of screening tenants is very secure and keeps personal information private making identify theft near impossible.

To learn more about how new online tenant screening systems using hyper secure data portals can protect sensitive data while also letting the renter directly enter their personally identifiable information to the tenant screening agency without the landlord seeing it and how this helps prevent identity theft read recent TenantScreeningUSA.com press release: Challenges in Renting: Identity Theft and Tenant Screening

Filed Under: Tenant Screening

To Help Protect our At-Risk Population Caregivers Should Always be Background Checked

August 28, 2019 By

At-Risk populations such as children and the elderly should always be cared for by good people that treat them with dignity and respect and never take advantage of them or harm them. Although it may not be possible to discover the true intentions of caregivers before giving them access to a vulnerable at-risk person there are certainly ways to greatly reduce that risk. The best course of action to do this is to perform a thorough background screening on them before they are hired or utilized. A thorough background screening should include several reference checks, verifications to determine if what they put on their application is true and of course a criminal background check that includes a national sex offender registry check.

Caregivers are responsible for working with some of the most at-risk populations, the young and the elderly, and it is incumbent on those individuals hiring caregivers to ensure at-risk populations remain protected while being managed by a caregiver. A thorough background check on a caregiver is a best practice in protecting those being cared for. Not only can a background check verify application information, it could also give pause to any malfeasant characters with certain criminal history. A thorough background check can be a useful tool in risk mitigation.

Finding a caregiver can be a significant challenge. Often a caregiver might be utilized in a limited capacity, such as a babysitter. Parents may be new to a neighborhood and not know any of the older kids that may be willing to sit and, subsequently, look to a service to provide baby-sitting. Parents should ensure these services conduct thorough background checks.

But when the time calls for longer term babysitting arrangements parents may want to conduct the background check on those individuals they wish to hire. Nannies and long-term babysitters should be thoroughly vetted through interview and background check.

From the Pocono Record (Aug 04, 19):

Experts suggest asking your potential sitter for three references. Ask the references whether the sitter was responsible, how they followed directions, why they no longer work for them and if they would ever consider hiring them again. “You cannot underestimate the power of parental intuition. If a potential sitter made a reference uncomfortable or makes you second guess your choices, beware. A parent should always trust his or her gut when it feels like something is off,”…. poconorecord.com/entertainmentlife/20190804/expert-tips-on-how-to-find-safe-caregiver-for-your-child

Three references in addition to a thorough background check is definitely a best practice.

When the level of care is relatively low an in-home caregiver might be hired directly and not through a service. But the best practice remains.

A caregiver background check could include a variety of reports and services, such as:

  • Sex Offender Registry
  • DMV Records (if the caregiver would be driving those cared for)
  • Criminal History Reports
  • Verifications & Reference checks, specifically to verify certifications and education

Ultimately a best practice for caregivers working with our youth and our elders should be a thorough vetting process, one that includes: a thorough interview, reference checks and verifications, and a criminal background check.

Elder care can be more complicated, especially when one must consider the level of care. However, at any level of in-home caregiving individuals providing care must be thoroughly background checked to help ensure the patient is in good hands and won’t be abused.

It is clear that for any type of caregiver the safest approach remains to have those individuals being held responsible for the care of at-risk populations (our kids, our elders, the handicapped and others) be properly background checked prior to having contact with such individuals. Implementing safeguards to help protect the vulnerable in each community goes a long way in improving society as a whole and making the USA a better place to live in.

To read more about why caregivers should always undergo a thorough background check before being allowed access to any at-risk population read recent CriminalBackgroundRecords.com press release: Background Screening & Caregivers

Filed Under: background checks

New Legislation Affecting Tenant Screening Laws Should Alert Landlords

August 6, 2019 By

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

Filed Under: Tenant Screening

Should Background Checks Be Performed On Volunteers? Still an Unresolved Debate

July 26, 2019 By

The debate on whether or not volunteers should undergo a background check continues and there are convincing arguments on both sides. Proponents for volunteer background checks say that in order to protect at-risk populations like children all volunteers should be properly vetted to help weed out malfeasant individuals. While on the other side of the aisle people who are against volunteer background checks say that if people who would normally be willing to volunteer for certain positions may opt out of applying altogether. This is due in part to the hassle and intrusiveness of undergoing the background screening process. Which means that the public would lose a lot of good people that would otherwise be happy to offer their talents as a volunteer.

Now that the country is into the summertime thousands of volunteers are required across a broad spectrum of activities. From summer sports to sleep over camp and hundreds of other places, volunteers interact with at risk populations daily and, subsequently, many believe should be thoroughly vetted. Background checks, especially criminal background checks on volunteers some believe should be a critical part of the vetting process and consider this approach a best practice for volunteer organizations.

And yet volunteer checks are often questioned as either unnecessary, inconvenient or too expensive.

Volunteer background checks are often considered an important tool in risk mitigation, one that can help protect at-risk populations and should be treated as a number one priority.

From an op-ed article posted to the Richmond-DailyNews.com (Jun 06, 19) and discussing the pros and cons of volunteer background screening:

The idea is a mixed bag. In some cases, potential volunteers may not like the hassle of government intrusion into their lives, with the result being that some otherwise decent volunteers may not bother. But there are also the rare cases where a background check might reveal a person has an unsavory history that disqualifies that person from being around children. Overall, erring on the side of caution – particularly when considering child safety – suggests background checks may turn away a few good people, but losing them is preferable to giving a pass to even one pedophile. richmond-dailynews.com/opinion/gov-should-require-checks-on-volunteers/article_3a0a6312-8891-11e9-985f-d395ca0ace8a.html

Those against volunteer background checks have made themselves heard.

From mySanAntonio.com (Jul 02, 19):

“Putting up new roadblocks to dissuade the general public from wanting to apply to serve their community would be unwarranted,” Allen said, calling the checks “a slippery slope” that the city should avoid.

“This is opening Pandora’s box. Where do we draw the line as to what kinds of crimes or records would disqualify a commissioner from being appointed?” he said. “Who would be the judge, jury and executioner in regard to making decisions about what disqualifies an applicant from serving on our boards?”

Councilman Tim Woliver countered, saying he views the checks “as a means of public safety” and as “a bit of an insurance policy” that could protect the city in the future. mysanantonio.com/news/local/communities/northeast/article/Cibolo-considers-new-policy-for-background-checks-14065051.php

The argument is on-going, but as stated previously, a background check can weed out potentially malicious individuals and a best practice for protecting at-risk populations especially children is to thoroughly vet all volunteers that would have access to such individuals.

As of the publication of this article this issue is still being discussed and both sides have not found common ground yet, but the bottom line is that volunteers are very much in demand and nobody wants a good person willing to contribute as a volunteer to be dissuaded from applying for a volunteer position due to the uncomfortability surrounding an impending background check and possibly the inconvenience of the whole process; yet no one wants an unsavory individual to gain access to at-risk populations like children either.

There still needs to be some mediation on both sides so good volunteers aren’t scared away and also so the wrong type of individuals applying for volunteer positions never get hired.

To read more about the ongoing debate of whether or not volunteers should be background checked prior to working and how protecting at-risk populations should be paramount while at the same time trying not to scare away potential contributing volunteers in the process read recent CriminalBackgroundRecords.com press release: Background Checks for Volunteers: An Ongoing Debate; Opines CriminalBackgroundRecords.com

Filed Under: background checks

Impending Changes to Tenant Screening Led by Minneapolis and Portland

July 18, 2019 By

Recent legislative efforts in Minneapolis and Portland to change tenant screening laws provides foreshadowing to potential change across the country.  With Portland aggressively moving to change tenant screening regulations, and Minneapolis not too far behind, landlords and property managers should be working with a well-qualified third-party tenant screening agency in order to remain fully compliant with new and existing law.

The cities of Portland and Minneapolis continue to lead the nation with potential changes to tenant screening and laws that govern the use of public records like criminal background records. This effort could easily lead to other similar changes across the nation. Any time there are potential significant changes to tenant screening laws and regulations landlords and property managers should take note; and when two large cities pursue similar legislative action around the same timeframe then reviewing current tenant selection polices can no longer be ignored by landlords anywhere.

Additionally several big cities and towns across the country face the continuing challenge of affordable housing, specifically with rental housing. Low cost housing is increasingly scarce and cities, such as Portland and Minneapolis, are looking for ways to allow tenants greater access to decent living situations. Subsequently, as these efforts arise landlords and property managers sometimes push back.

It is a current and ongoing challenge.

From the Minneapolis Star Tribune (May 31, 19):

Minneapolis City Council members are drafting a new ordinance that would limit how landlords use credit, eviction and criminal history to screen prospective tenants.

As city officials search for ways out of the affordable housing crisis, they are taking aim at a long-running point of contention in the housing debate: the tenant screening process. Housing advocates say the process does not give a full picture of an individual’s ability to be a good tenant.

But property owners say restricting their ability to screen tenants would prevent them from having enough information about potentially unsuitable applicants. startribune.com/minneapolis-considers-limiting-landlords-ability-to-screen-tenants/510644802/

Minneapolis is only the most recent city to review tenant screening policies as a means of easing challenges with housing, but as landlords and property managers know tenant screening can be an important tool in vetting potential tenants. If done fair and equal across all applicants, tenant screening can be successful in assisting landlords and property managers make a sound decision on candidates. If tenant screening and the applicant selection process is done correctly it removes the possibility of discrimination and injustice.

Efforts to change tenant screening policy continue unabated in Portland, Oregon.

An article in wweek.com (May 22, 19) discusses Portland’s on-going efforts:

“This proposal also helps reduce barriers to housing for a population that has faced unjust obstacles in our community for far too long – those who have been incarcerated,” they wrote. “This ordinance uses research-based criteria to identify low-risk characteristics that would help former offenders obtain housing and not be perpetually punished for long-past offenses. This would help reduce the cycle of incarceration and homelessness for many in our community and help get people back in stable housing and on their feet again.” wweek.com/news/city/2019/05/22/four-multnomah-county-commissioners-endorse-portlands-proposed-tenant-screening-and-security-deposit-ordinances/

At this point in time when larger cities, such as Minneapolis and Portland, work on reform on tenant screening policy and law in order to resolve an issue that has spread across the country, property managers and landlords should take note and take a hard look at their current tenant selection policies and make updates if necessary to remain compliant and ahead of the curve.

One approach that has been successful for many landlords and apartment managers is to work with a professional tenant screening agency, one that can provide the proper background reports at the proper time and to help aid in the creation or maintenance of sound tenant screening policy that can consistently avoid applicant discrimination and injustice.

To learn more about why cities like Minneapolis and Portland are looking into making changes to tenant screening laws and the overall tenant selection process and why this may help alleviate the affordable housing crisis read recent TenantScreeningUSA.com press release: Changes in Tenant Screening Law Should Alert Landlords; Opines TenantScreeningUSA.com

Filed Under: Tenant Screening

New Ban-the-Box Laws Pass in Colorado but Not in Maryland – Inconsistencies Still Confusing

July 2, 2019 By

New Ban-the-Box bills pass in one State and is denied in another.  The Ban-the-Box movement continues across the country but not every State wants it.  Ban-the-Box law passes in Colorado but is denied in Maryland.  Consistent laws regarding hiring practices still a mixed bag across the USA.  The Colorado Chance to Compete Act will prohibit employers from asking about criminal history on job applications.  So job applicants will not have to reveal whether or not they have a criminal background record in the initial phase of the hiring process.  However the Governor of Maryland vetoed a similar Ban-the-Box bill making consistency regarding hiring practices and policies around the country very confusing.

Ban-the-Box legislation activity continues across the country and action in Colorado and Maryland highlight continued challenges faced by hiring managers and HR Departments.  The actions with Colorado enacting Ban-the-Box legislation and Maryland denying Ban-the-Box to be implemented highlight the challenges employers face with laws governing the use of criminal history reports as a part of pre-employment background screening.

In light of these recent changes it is a safe and wise decision for employers and hiring managers to utilize the expertise of a professional employment background screening agency in order to remain fully compliant with law.

With Ban-the-Box legislation being enacted in Colorado and vetoed in Maryland, the challenges faced by HR Departments and hiring managers is greatly highlighted.

In May 2019 the governor of Colorado, Jared Polis signed and enacted a statewide Ban-the-Box law, affecting all private employers.

From JDSupra.com (May 31, 19):

On May 28, 2019, Colorado Governor Jared Polis signed the Colorado Chance to Compete Act (House Bill 19-1025), which will prohibit employers from asking about criminal history on an initial written or electronic application. Colorado employers should immediately assess whether they are covered by the new law and, if so, whether they need to update their employment applications and other pre-hire screening policies.  jdsupra.com/legalnews/colorado-enacts-statewide-ban-the-box-72366/

Whenever a law, such as HB 19-1025 in Colorado, goes into effect all employers, large and small, should review polices and job applications to ensure they are in full compliance with law.  While working with a third-party background screening agency should remain a best practice.

In Maryland efforts to enact Ban-the-Box legislation fell short.  After passing through both state houses the bill was vetoed by Governor Larry Hogan.

From the Washington Post (May 24, 19):

He also vetoed “ban the box” legislation that would have prevented many employers from inquiring about an applicant’s criminal history until after an initial job interview. In his veto letter, the governor said employers have the right to screen applicants’ criminal histories upfront. Advocates say the bill is crucial for former inmates who struggle to find jobs.  washingtonpost.com/local/md-politics/hogan-vetoes-ban-the-box-legislation-bill-to-abolish-handgun-permit-review-board/2019/05/24/

It is critically important for employers all across the country to review all new laws that affect the employment background screening process.  Since Ban-the-Box laws are not consistent throughout the USA it is important to find out any new laws that change how you can go about the hiring process especially when and where you can perform criminal background checks during that process.

Because Ban-the-Box laws that have been passed are not identical it is important to know which of these laws effect how employers can vet their job candidates in their respective State or Jurisdiction.  Additionally because the State of Maryland prohibited this kind of law it will not affect employers in that State.  To help employers clear up the confusion it is recommended to work with a professional employment screening company that is familiar with the laws relevant to employment screening practices and policy to assist in remaining compliant with law.

To read more about the new Ban-the-Box law in Colorado and why Maryland vetoed its Ban-the-Box bill and why inconsistencies in hiring policies around the country are so confusing for employers read recent CriminalBackgroundRecords.com press release:  Ban-the-Box Enacted In Colorado; Vetoed in Maryland – On-going Change Affecting Hiring Managers

Filed Under: criminal background check
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