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Even if You Are Just Renting Out a Room – Remember the Tenant Check

June 13, 2019 By

With the current rental housing shortage across the country people looking for a place to live are now considering renting out a room in a single family house or larger apartment.  Additionally people that own a house or large apartment are looking for extra income and are willing to share their living space for a price.  However, renting out a room in your living space can be problematic if you let a bad tenant in.  In this scenario (before renting out a room) it is even more critical to perform a thorough tenant background check on the person before letting them live with you…

Numerous communities across the country face a rental housing crisis, one that continues to boil.  Eventually it could become the “front and center” challenge that pushes politicians to make bold statements and complicated laws.  For now people are finding different means of rental housing.

Rental housing comes in a variety of forms and the most common type is an apartment.

Apartment living has become a very popular type of housing for millennials as they tend to be more transitory than previous generations.  Having lived through the Great Recession in the early 2000s has made them skittish about settling down and, further, they also have no fears in traveling around the country in search of the perfect job.

Moreover, the ability to move around the country and working high paying jobs has allowed millennials, and others, to pay more for rental housing.  Additionally, they have placed greater demands on amenities, such as roof top pools, concierge services, and on-site gyms, and they are willing to pay for it.

The option of paying more for a smaller apartment is not for everyone and one of the options might be renting out a room in a single family dwelling or larger apartment. As generations grow older, kids grow up and move away, downsizing from a house that is paid for might not be the next step.  Renting out a room may be a good way to earn additional income.  And, in other cases, having someone to share the rent is not a bad thing.

The truth is that renting out a room should be handled in the same way as renting out an entire property.  Applicants should go through a thorough vetting process, one that includes a complete tenant check.

From a recent article posted to WTOP.com (Apr. 25, 19):

It isn’t enough for a tenant to look good on paper. “Tenant screening for live-ins is critical,” says Glenn Carter, the chief editor of Condo.Capital, an Ottawa, Ontario-based digital content platform for condo buyers and real estate professionals. “I’ve heard so many horror stories of bad tenants making your life difficult by being messy, not respecting the space, being up all hours of the night and so on,” Carter says. He also suggests walking the prospective tenant back to his or her car “to see how tidy they keep it” to get a sense if the tenant is neat.  https://wtop.com/news/2019/04/considerations-when-renting-out-a-room/

Whether it is a room in a house, the spare room in an apartment, or the Mother-in-law apartment over the garage, a tenant check goes a long way in understanding and verifying the information provided on a tenant application.

Tenant reports often include (but are not limited too):

As with traditional apartment leasing it also remains a best practice for anyone wanting to rent out a room in their personal living space (especially to a stranger) to conduct a thorough interview and investigation.  A vetting process that consists of a complete tenant check which includes several background reports like criminal background checks and reference checks.

In the end tenant checks do not cost very much and the benefits far out way the price and the time it takes to verify all pertinent information.  A third-party tenant screening company that offers affordable, thorough, and secure background screening for landlords and property managers is always the best option, and they can also help keep you compliant with relevant laws concerning the tenant screening arena.

To learn more about why performing a thorough tenant check is so important before renting a room to a stranger and how sharing your living space could cause huge problems and headaches read recent TenantScreeningUSA.com press release:  Renting Out a Room? Don’t Forget the Tenant Check

Filed Under: Tenant Screening

Remember the Importance of Reference Checks as Part of Pre-Employment Screening

May 31, 2019 By

Many employers don’t perform a thorough pre-employment background check as many don’t perform reference checks as part of a complete employment screening program.  Criminal background checks and social security validation don’t always give a complete picture of a potential employee.  Reference checks completes the background screening process by validating certain information provided on an employment application.

Professional reference checks include previous employer verification, education verification, licenses and certifications verifications and also personal and professional reference checks.  Additionally other information can be verified as well such as military service records.

Reference checks are a critical part of a pre-employment background check, but sometimes they are forgotten or overlooked or not taken as seriously as one might expect.

Don’t forget about Reference Checks…

Reference checks are a critical component in background screening, one that is vital in verifying information provided by applicants.  Sometimes certain kinds of reference checks can take days to complete as the person needed for the reference check may not be readily available.  However, when making a long-term decision such as hiring someone it is worth the wait to acquire all the information necessary before making a permanent hiring decision.

From theBalanceCareers.com (Apr. 17, 19):

Many employers check references as part of the hiring process. A reference check is when an employer contacts a job applicant’s previous employers, schools, colleges, and other sources to learn more about his or her employment history, educational background, and qualifications for a job.  thebalancecareers.com/what-is-a-reference-check-2062974

But what is referenced in a reference check?

Typically, a reference check will review and verify information provided on an application.  There are several types of reference checks, depending on the type of information required.

Education Reference – Degrees and certifications can be reviewed for accuracy and validity.  There are on-line databases that can provide reference on education and colleges and universities will provide this information was well.

Employment Reference – An employment reference check could be as simple as verifying dates of employment and salary, as permitted by law, but could also include a reference from a manager or colleague.

Trade Association Reference – In some cases an employer may look to an applicant’s associations with Trade organizations or societies as may be related to a specific job or role.

The laws governing reference checks are tricky and often different from jurisdiction to jurisdiction.  A best practice remains for employers to work with a well-qualified third-party pre-employment background screening agency in order to stay compliant with law.

One area of a reference check that can be troubling to candidates is called a backdoor reference check or informal background check.

From the blog site Business2Community.com (Apr. 17, 19):

However, an informal reference check is done through personal contacts in the industry. This is the one that’s done on the Q.T. and cannot be controlled or restricted. Here one’s reputation in the industry is what is important. Building such a reputation is a slow, deliberate, and often challenging process. Ruining it can be fast–and difficult to recover.  business2community.com/human-resources/are-reference-checks-scaring-you-02190965

While informal reference checks will always happen, there are laws in place that protect applicants from defamation of character.

As always a best practice remains that employers work with a well-qualified third-party background screening agency in order to stay fully compliant.  It is important to note that laws governing references can vary from state to state.

As with any part of the pre-employment background screening process, a reference check, in most cases, must be allowed or given permission by the applicant.  Generally, an applicant will sign a release form which will allow for HR or a third-party background screening agency to conduct a reference check.  Explicit permission must be granted by the potential employee/applicant in order to use an “investigative consumer report” which may include information about the character of the person, general reputation, personal characteristics and mode of living.  This information may be obtained by interviews from people acquainted with the person being investigated.

To read more about why reference checks are such an integral part of a complete and thorough pre-employment background check and why waiting a few days or so to get all the necessary reports and reference check results is worth it read recent CriminalBackgroundRecords.com press release:  But What About Reference Checks as a Part of Pre-Employment Background Screening

Filed Under: employment screening

People, Property and Perception the True Value of Tenant Screening

May 22, 2019 By

The key to finding good tenants and protecting property and community is the utilization of professional tenant screening.  This is not an area where any landlord or property manager should cut corners, it is essential that proper background screening of prospective tenants be conducted by a professional tenant screening agency.  It is necessary to get all the background reports like from conducting criminal background checks and eviction checks along with completing all pertinent reference checks to verify all information on a leasing application.  All landlords and property managers should know the importance of tenant screening a prospective tenant from the first greeting through the entire application process.

Tenant screening is one of the critical components of a thorough background check on all prospective tenants.  On the whole the vetting process entails several components, starting with the application process.  Every application must be treated equally and in accordance with the law.  Now, more than ever, cities and counties are controlling how tenant applications are managed, especially in tenant friendly cities such as Seattle and San Francisco.

Another important piece of the vetting process is a tenant interview.  Questions should be short and direct, but also open ended.  An interview should be more of a conversation, one that probes deep enough to get a sense about the applicant, essentially working on risk mitigation and developing an understanding of what affect, if any, a new tenant will have on the property and community.

Finally, the tenant background check.

Being central to tenant screening overall, a tenant check is concerned primarily with quantitative data that will allow a landlord and/or property manager to make a well informed decision about a perspective tenant.

From ForeignPolicy.org (Feb 02, 19)

The right tenant can be a joy. They pay on time, have a good relationship with neighbors, and keep your property in good shape. The wrong tenant, however, can be a nightmare. They may trash your place, put you behind with bills, or cause trouble for other tenants or neighbors.  foreignpolicyi.org/why-checking-the-background-of-prospective-tenants-is-essential/

There are several public records and numerous verifications that would –prove highly beneficial to the tenant check.  Key are Criminal History Reports, Consumer Credit Reports, and Eviction Records, to name a few.  References could include personal and professional references, as well as previous landlord reference.

Combined with an interview the tenant check allows a landlord to get a better understanding of the candidate.  One of the most important aspects of this process is, as mentioned, risk mitigation.  A landlord and/or property manager has a responsibility to the existing tenants, ownership of the property, and the community at large.

A tenant check is an inexpensive tool a landlord can use to get this important information.  And utilizing a third-party tenant screening agency can provide great value insomuch with keeping landlords up-to-date with current and potential laws governing tenant screening, and helping these landlords stay fully compliant with law.

More and more landlords are coming under fire by new laws governing how key reports within a tenant check are utilized.

In Seattle, attempts are being made to quell homelessness via legislation.   Changes to eviction laws could create challenges for landlords in the vetting process.  seattletimes.com/seattle-news/politics/state-legislature-trying-to-tackle-homelessness-through-eviction-reform/

New laws affecting the tenant selection process are being considered and implemented across the country and the safest approach for landlords is to utilize a professional tenant screening agency to help with compliance and delivery of all essential data and reports necessary in making a sound and non-discriminatory decision on all prospective tenants.

Proper tenant screening of all leasing candidates is extremely important and is a critical tool in evaluating and confirming information provided by applicants.  This valuable information provides the facts that landlords need in order to maintain a safe environment for existing tenants, protecting property, and the community at large.  There is no short cut to professional tenant screening and as laws change regarding the tenant selection process it is best to be in compliance with the law and in the loop on potential new law.

To learn more about why it is so important to perform professional tenant screening on all prospective tenants prior to handing over the keys read recent TenantScreeningUSA.com press release:  The Value of Tenant Screening: Protection of Property, People and Perception

Filed Under: Tenant Screening

Ruling by 2nd Circuit on Tenant-on-Tenant Harassment May Hold Landlord Liable

May 14, 2019 By

A recent ruling by the United States Court of Appeals for the Second Circuit rules that FHA landlords may be held liable for Tenant-on-Tenant Harassment. (Case Donahue Francis v. Kings Park Manor Inc., Corrine Downing et. al.; (2:14-cv-03555)) Significant rulings, such as the recent decision by the 2nd Circuit Court, should immediately alert landlords and property managers to review screening policies and insure the most vigorous tenant checks are conducted to keep existing and new tenants safe.

The Second Circuit court recently ruled on a Tenant-on-Tenant case (2:14-CV-03555) and noted that FHA landlords may be liable for such harassment. One of the most critical responsibilities of a landlord is in protecting existing and new tenants, and this process can be best served by a thorough tenant check; one conducted by a well-qualified third-party tenant screening agency.

Recently the Second Circuit court ruled on a Tenant-on-Tenant harassment case, a ruling that could have significant repercussions for landlords and, potentially, tenant screening.

From BusinessInsurance.com (Mar. 05, 19):

The federal Fair House Act is analogous to Title VII of the Civil Rights Act of 1964 in holding a landlord can be held liable for failing to promptly respond to a racially hostile housing environment, says a federal appeals court in a divided opinion that overturns a lower court ruling.

In 2010, Donahue Francis, a black man, signed a rental lease agreement with Kings Park, New York-based Kings Park Manor Inc. and moved into an apartment unit of a KPM-owned complex managed by Corrinne Downing, according to Monday’s ruling by the 2nd U.S. Circuit Court of Appeals in New York in Donahue Francis v. Kings Park Manor Inc., Corrine Downing et. al.

After several uneventful months, Mr. Francis’ next-door neighbor began to subject Mr. Francis “to what only can be described as a brazen and relentless campaign of racial harassment, abuse, and threats,” said the ruling. businessinsurance.com/article/20190305/NEWS06/912327079/Landlord-can-be-responsible-for-tenant%E2%80%99s-racist-actions-court-rules

In finding that landlords may be held liable for tenant-on-tenant harassment, a thorough tenant check becomes all-the-more critical.

A primary responsibility of a landlord is the protection of property, person, and perception or reputation. A tenant background check can greatly assist in vetting an applicant and assist landlords in making a well informed decision.

The complicated finding reveals that FHA landlords have a specific responsibility in protecting their tenants.

From theLaw.com (Mar 05, 19):

The federal housing authority itself had found, and promulgated rules that found, a hostile harassment environment between tenants to be a violation under federal housing rules—and that a housing provider can be held liable, as the authority said in its amicus brief filed in the case, “in certain circumstances for failing to address tenant‐on‐tenant harassment.” law.com/newyorklawjournal/2019/03/05/second-circuit-rules-fha-landlord-can-be-liable-for-tenant-on-tenant-harassment/

In the end, rulings such as the recent 2nd Court finding should alert landlords and/or property managers to work closely with a professional tenant screening agency to insure their screening policies are as thorough and as compliant as possible and to avoid the potential for discrimination.

To learn more about how this recent ruling by the 2nd Circuit could impact landlords and even hold them liable for harassment between tenants and how professional tenant screening could help avoid such situations read recent TenantScreeningUSA.com press release: 2nd Circuit Ruling on Tenant-on-Tenant harassment May Hold Landlord Liable

Filed Under: Tenant Screening

SHRM Looks to Expand Inclusion of Formerly Incarcerated Individuals

April 25, 2019 By

The Society of Human Resource Management (SHRM) says that communities become safer when people are able to earn a decent living.  They think that formerly incarcerated individuals (those with criminal background records) don’t recidivate because of their character, they do it because they can’t find employment and decent living conditions and therefore can’t provide for themselves or their families.

Many scholars and criminologists state that successful employment and housing are critical in decreasing recidivism amongst formerly incarcerated individuals and allowing for reintegration into mainstream society.  Thanks in part to low unemployment as well as a growing trend of eliminating the question of criminal history as part of the pre-employment application, business cultures are shifting to a more open policy of inclusion for those individuals with criminal history records.

There have been several initiatives in the USA in the last decade or so to help aid ex-cons find gainful employment.  The most famous of which is the ban-the-box movement which eliminates the question of criminal history on certain employer’s job applications.  At this point it is clear that the majority of people in this country are willing to help individuals with certain criminal pasts get back on their feet and reintegrate into mainstream society in a positive way and getting these people good jobs becomes a top priority to complete a successful transition into a healthy and crime free societal way of life.

Housing and employment are critical in keeping formerly incarcerated individuals from going back to jail.

From a recent article in USA Today (Mar 19, 19):

“I think it’s the perfect storm,” Taylor {Johnny Taylor, CEO of SHRM, Society of Human Resource Management} says, noting that communities also become safer when people are able to legally earn a living. ”People aren’t recidivating (or returning to criminal activity) simply because they’re bad actors. They’re recidivating because they can’t provide for their families.”  usatoday.com/story/money/2019/03/19/business-commitment-hiring-those-with-criminal-record/3091463002/

Successful efforts have been made in recent years to legislate the question of criminal history from the front end of pre-employment background screening by removing the question from the initial application.  These so called ban-the-box efforts have been implemented in numerous places across the country.  However, for employers (even those in jurisdictions where ban-the-box laws are in place) it is still a best practice to work with a professional employment screening agency to help insure that hiring practices and the proper use of background check reports are in compliance with all relative laws and guidelines.

From USA Today (Mar 19, 19):

Twenty-three states and Washington, D.C., have banned private or public employers from asking prospective employees if they have a criminal history until after they’ve passed an initial screening, had an interview or been given a conditional job offer, according to the National Conference of State Legislatures. Some local jurisdictions, like New York City, also ban most workplaces from asking about criminal history until they’re offered employment.  ibid

Recent surveys sponsored by SHRM have suggested that the general public is open to working with companies that hire formerly incarcerated individuals.

From FastCompany.com (Apr. 04, 19):

The Koch Institute and SHRM collaborated on yet another poll. It turns out that 78% of Americans are comfortable buying goods {sic} or services from a company who hires ex-cons to directly interact with them. Logically, that’s not surprising. Why wouldn’t people who are okay hiring ex-offenders or working alongside them also be fine patronizing places that acted similarly?  fastcompany.com/90329075/whats-holding-companies-back-from-hiring-people-with-criminal-records

Recently SHRM launched a new initiative and guidance for hiring organizations.

From FastCompany.com (Apr. 04, 19):

SHRM countered that in late January 2019 by launching Getting Talent Back to Work, an initiative that offers an online tool kit and additional guidance for all types of organizations.  ibid

It is critical, now more than ever, to work with a professional background screening agency to remain fully compliant with all applicable laws and guidelines pertaining to the hiring process as well as staying current with acceptable and practical cultural norms.

The action taken by SHRM will certainly push the industry toward hiring and rehiring formerly incarcerated individuals.  And with this action a renewed focus on fair and equal pre-employment background screening will take place.  Criminal background checks will remain an important tool in the hiring process, but where and when criminal background records are reviewed will change, as will the pre-conceived stigma attached to criminal history.

To read more about how SHRM is pushing for greater inclusion of formerly incarcerated individuals into the employment arena and why giving ex-cons good jobs is the best solution towards improving communities and the country read recent CriminalBackgroundRecords.com press release: SHRM Pushes for Greater Inclusion of Formerly Incarcerated, a Step that Could Greatly Impact Hiring; Opines CriminalBackgroundRecords.com

Filed Under: Uncategorized

New Proposed Law in California May Automatically Expunge or Clear Certain Criminal Background Records

April 9, 2019 By

California legislators are looking to introduce AB1076, a new law that would automatically expunge or clear past criminal background records that were misdemeanors or certain non-violent felonies. The purpose behind this new law is to help ex-offenders have an easier time finding employment, getting higher education and finding a decent place to live. Under such law it should make it easier for these types of individuals to be reintroduced to society and minimize the possibility of recidivism.

This new potential law will automatically expunge or clear a variety of conviction records thereby allowing hundreds of thousands of individuals to be cleared of a criminal history and, subsequently, open the doors wider to renting, education, and employment.

A significant action, such as the one in California, should immediately alert all hiring managers and Human Resource Departments to insure pre-employment background screening policies remain fully compliant with law by working with a well-qualified third-party background screening agency.

Politicians in California look to introduce legislation that would automatically expunge or clear past criminal misdemeanor or low level felony convictions as a means of easing entrance back into society. Eliminating certain non-violent convictions will remove a criminal history and could allow for easier access to employment, education, and renting for formerly incarcerated individuals.

From the San Francisco Chronicle website (Mar 07, 19):

People arrested or convicted of crimes in California could have their criminal records automatically cleared under a proposed law announced Thursday by San Francisco District Attorney George Gascón and Assemblyman Phil Ting.

AB1076 would wipe out eligible convictions for people who have completed local sentences and eliminate many arrest records that have not resulted in convictions. Offenders already are eligible to petition the courts for the relief, but less then {sic} 20 percent take advantage of the program. sfchronicle.com/crime/article/San-Francisco-s-Gasc-n-Ting-propose-13671420.php

A criminal history remains a significant challenge that prohibits or greatly impedes reintegration into society. Across the country a movement called “Ban-the-Box” has been pushing to legislate the question of criminal history off employment applications. The action in California may be the next evolution in criminal justice reform within the USA.

From KRON.com (Mar 07, 19):

According to the district attorney’s office, there are 8 million residents in California with criminal conviction records that in turn come with 40,000 legal restrictions— collateral consequences, that hinder them from starting over. kron4.com/news/bay-area/new-california-bill-would-automatically-clear-criminal-records/1833873301

The key to starting over is access to housing, employment, and education. However, AB1076 will not allow expungement of violent or sex related convictions.

From the San Francisco Chronicle website (Mar 07, 19):

Under AB1076, arrests and convictions will continue to appear on criminal rap sheets, and felons would still be prohibited from possessing firearms. Registered sex offenders and sentences served in state prison would not be eligible for automatic clearance. sfchronicle.com/crime/article/San-Francisco-s-Gasc-n-Ting-propose-13671420.php

With such a law as AB1076 looming about hiring managers and HR departments should be alerted by the significance of what this means for employment screening policies and hiring practices. At this point a best course of action remains to work with a well-qualified third-party employment screening agency in order to remain fully compliant with existing and emerging laws governing background screening and the use of criminal background records.

Criminal history records remain a significant obstacle to ex-offenders as they continue to prohibit or greatly impede reintegration into society. As more and more “Ban-the-Box” laws get implemented across the country the chances of ex-cons getting employed should rise, however the next big step is what California legislators are trying to do; which would be deemed the next evolution in criminal justice reform within the USA. If the law passes it will allow individuals with certain kinds of criminal background records to clear their history which according to this new bill will make it so the individual’s criminal past never occurred at all.

With the possibility of removal of certain criminal records the obstacle of finding gainful employment for ex-offenders should be abridged and the ease of admittance into higher education and finding a place to live should also be easier to attain.

To read more about AB1076 California’s new potential law that would automatically expunge or clear certain kind of criminal records and how this can help ex-offenders attain gainful employment, higher education and a decent living situation read recent CriminalBackgroundRecords.com press release: Potential California Law May Affect Use of Criminal History Information

Filed Under: background screening
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