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Why Professional Tenant Screening is so Essential

March 28, 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 a 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 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 references.

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 Importance of Tenant Screening

Filed Under: Tenant Screening

Professional Background Screening of Ride Sharing Drivers will Better Serve the Public

February 26, 2019 By

As ride sharing services like those provided by companies like Uber experience tremendous growth across the country it is time to perform thorough background screening on the part-time drivers.  Just as employment screening of full-time employees helps mitigate risk and helps determine if a potential employee is qualified for a position the same kind of background screening should be performed on part-time ride sharing drivers as well.

If a worker isn’t designated as a full-time employee that doesn’t mean they don’t pose the same risks as a full-time employee.  These ride sharing drivers are entrusted with the lives of those they drive around and the safety of these passengers should be paramount.  Screening out potential ride sharing drivers that could pose a significant risk due to past behaviors is the best course of action for the overall safety of ride sharing customers.  Background screening activities including criminal background checks will help filter out certain kinds of individuals with malfeasant pasts including any past traffic violations that show a tendency of unsafe driving behaviors.  These part time workers should be vetted the same as full-time employees prior to letting them drive around customers.

Every day millions of people use mobile phones to hail a ride.  Whether at the airport or around town ride sharing (or ride-hail) has had explosive growth over the past decade.  Uber, Lyft and other related companies dominate the short drive hire industry, an industry once dominated by taxi cabs.  The millions of people that use these services have grown to trust them for their safety.

And yet controversy lingers over the hiring of ride-hail/ride-share drivers.  Seemingly on a daily basis the news on the internet is filled with stories about attacks from drivers from ride-share companies.

A recent report by CNN suggests that incidents with Uber drivers have forced the company to create a Special Investigations Unit (SIU).

From CNN.com (Jan 22, 19):

According to CNN, the memo stated that the SIU team “manages nearly 1,200 cases per week,” and noted, “Although some reports shared with the SIU are frivolous and later found to have no merit or constitute fraud, we were told that most of the cases reported have some basis of substantiation.”

In the case of violence toward women, the number of instances that have already come to light—even compared to the total number of rides, which Uber estimates at 2 billion over the past two years—is cause enough for alarm.  forbes.com/sites/janetwburns/2019/01/22/report-uber-investigators-faced-trauma-and-huge-caseloads-according-to-memo/#66b70cb427bd

Working with a pre-employment background screening agency will greatly assist any company in mitigating risk and assisting in keeping people safe.

A recent report out of Massachusetts suggests a significant number of applicants to ride-hail companies failed background screening.  This is a notable step forward for an industry under continuous pressure.  Ride-share companies are beginning to understand the importance of protecting drivers and passengers alike.  eagletribune.com/news/tens-of-thousands-of-ride-hail-drivers-fail-screening/article_3a123476-98ee-5635-8222-cd2188bdec5d.html

However, reports continue to appear on-line about malfeasant acts performed by ride-share drivers.

In Madison, Wisconsin a ride-share driver has been accused of sexual assault upon a passenger in her home.  channel3000.com/news/lyft-calls-sexual-assault-allegations-against-madison-driver-deeply-disturbing-/1001602530

The examples of ride-sharing company’s challenges is an excellent reminder for other companies, large and small.  Pre-employment background screening should be an absolute must and as thorough as possible. Working with a well-qualified employment screening agency remains a best practice.  These employment screening companies can assist businesses large and small in remaining fully compliant with existing law as well as being prepared for potential new law.

Thorough background screening of many drivers would be a considerable challenge and yet remains an essential task.  The very essence of background screening is risk mitigation.  Public safety should be a primary concern for ride-sharing companies, subsequently risk mitigation would be a critical outcome, and background screening would be an integral element within that risk mitigation program.

With so many ride sharing drivers out there and continued growth in this sector now is the time to mandate professional background screening on all drivers before they are allowed to cart around passengers.  The safety of the customers must be paramount for these ride sharing companies in order to help prevent the likelihood of casualties and abuse.

To read more about why thorough background screening of ride share drivers helps protect the overall public population in the USA read recent CriminalBackgroundRecords.com press release:  Thorough Background Screening of Ride Sharing Drivers Could Better Serve the Public; opines CriminalBackgroundRecords.com

Filed Under: background screening

Tenant Screening Agencies can Assist Landlords and Property Managers Remain Compliant with Law

February 6, 2019 By

The methods used in tenant screening are meant to mitigate risk within a rental community and with the landlord and/or owner of the rental unit.  Through the tenant vetting process a landlord and/or property manager can gain valuable information on potential tenants prior to leasing, and, subsequently can mitigate the risks associated with the person, finance and the property itself.

In the current state of affairs in the USA with so many varying laws across the country in regards to proper and compliant apartment applicant selection practices; it is considered a best practice to work with a well-qualified third-party tenant screening agency in order to stay compliant with laws governing tenant screening and rental property.

Oftentimes jurisdictions have different laws governing rental properties.

It is very important that landlords and property managers work with a professional tenant screening agency in order to stay compliant, but also to avoid the potential of expensive legal action.  Working with such an agency is a smart choice to help mitigate risk for the landlord/property manager during the vetting process of potential rental candidates.

The State of New York has rules governing where a Registered Sex Offender may reside.  The law is designed to assist convicted sex offenders to reengage with society and acceptable housing is often considered a key in this reintegration.

From Law.com (Dec 13, 18):

In New York state, sex offenders are not obligated to inform anyone of their past. Rather, the onus is on local law enforcement to release information, where necessary, to the community and/or particularly vulnerable populations, including schools, nursing homes, day care centers, etc. Correction Law Article 6, §168-l.  law.com/newyorklawjournal/2018/12/13/when-a-sex-offender-moves-in/

Laws can vary wildly from state to state, county to county, even city to city. Working with a professional tenant screening agency can greatly assist property managers remain compliant with law.

The sex offender registry is just one of the challenges faced by property managers and landlords. Another is with criminal record history.

Criminal history checks used as a part of tenant screening or any form of background screening process has become increasingly complicated in the last several years; another good reason to work with a tenant screening agency.  Laws change rapidly and are often complex.  Working with a professional third-party tenant screening agency can greatly reduce the challenge of understanding laws one is attempting to comply with.

In Seattle, WA a new law regarding the use of criminal records history has caused a stir and will continue to compound the challenges of tenant screening.

From Marketplace.com (Dec 30, 18):

But an unprecedented new city law — forbidding landlords from checking into potential renters’ criminal past — is very much in dispute and setting up a closely-watched court battle.

Landlords argue their free speech, property rights and possibly their safety is being jeopardized by a law that forces them to close their eyes to relevant public information about possible tenants. They’re backed by landlord groups and background screeners who call the ordinance a perilous precedent.

The “Fair Chance Housing Act” was anything but that, according to landlords’ lawyers. Ethan Blevins, an attorney at the Pacific Legal Foundation, said the law’s premise “is this paternalistic idea that the city gets to decide what information is relevant or important to a landlord’s decision making process.”  marketwatch.com/story/a-new-seattle-housing-law-forbids-landlords-from-checking-into-tenants-criminal-history-but-does-it-go-too-far-2018-12-26

Again, it’s about risk mitigation and the use of criminal background records often treads a thin line.  It is an area of continued conversation and on-going change.

Using a well-qualified professional tenant-screening agency remains not only the best practice but also the safest approach for all landlords and property managers.

When looking for a professional tenant screening agency make sure they have an A+ Rating with the BBB, are a member of the National Association of Professional Background Screeners (NAPBS) have the ability to pull from the available statewide criminal repositories and are able to access and retrieve court records from any of the 3,143 counties in the USA.

To learn more about why utilizing a professional tenant screening agency can help landlords and property managers stay compliant with all laws that affect apartment leasing practices read recent TenantScreeningUSA.com press release: Tenant Screening is Risk Mitigation in Renting; 3rd Party Background Screening is Risk Mitigation for Landlords

Filed Under: Tenant Screening

Clean Slate Legislation and Expungement May Change Employment Screening Practices

January 25, 2019 By

This year is poised to see criminal justice reforms happen all over the country in regards to criminal conviction records and how they are viewed by society and as part of the employment screening process.

Across the USA over the last several years has seen the emergence of ban-the-box laws in an attempt to help the large portion of American’s with a criminal background record get a job.  Literally these laws ban an employment application from asking the question, “Do you have a criminal record”.  However, States and Jurisdictions are going beyond ban-the-box and have started initiatives to help those with a criminal past clean the slate and even get their older criminal conviction records expunged and behind them forever.

With the rapid expansion of Ban-the-Box legislation and the subtle transition from banning the box about criminal background to greater Clean Slate and expungement policies, background screening may be poised for significant change in 2019.

Across the country laws and attitudes governing criminal background records, as used in pre-employment background screening and expungement, overall have changed.  Momentum has increased with further updates to the criminal justice system and, subsequently, reform continues.

Pennsylvania recently enacted “Clean Slate” legislation.

From ElwoodCityLedger.com (Jan 06, 19):

People with old criminal records may have a chance at a fresh start through new state legislation that recently went into effect.

The Clean Slate program, which expands criminal record sealing, took effect Dec. 26. The legislation allows more people with minor convictions or arrests, including some first-degree misdemeanors, to petition the courts to have their records sealed after 10 years with no subsequent convictions.  ellwoodcityledger.com/news/20190106/clean-slate-program-gives-people-with-old-criminal-records-chance-to-seal-records

From MiamiHerald.com (Jan 06, 19):

Prison reform advocates are asking lawmakers to pass legislation that would expunge the records of many convicts.

The “Clean Slate” legislation would eliminate the criminal records of people once they are released from prison and have stayed crime-free for a significant period of time.

Advocates suggest three years for misdemeanors and five years for non-violent felonies.  miamiherald.com/news/politics-government/national-politics/article223995375.html

In Las Vegas a former State Senator is seeking to eliminate minor marijuana convictions but there are challenges.

From ReviewJournal.com (Jan 04, 19):

Nevada laws do not enable prosecutors to expunge the criminal records of individuals convicted on misdemeanor marijuana charges. Individuals must petition courts on their own, which opponents … view as an “expensive, cumbersome” process.  reviewjournal.com/news/politics-and-government/clark-county/segerblom-wants-law-to-expunge-nevada-marijuana-convictions-1566059

In Massachusetts a local District Attorney is looking to control the expungement of criminal records.

From PatriotLedger.com (Dec 13, 18):

Marijuana is now legal in Massachusetts, but a past conviction for possession is still part of a person’s criminal record.

Now it’s one of the crimes the state will allow people to put behind them forever and Norfolk County District Attorney Michael Morrissey is working with court and probation workers to help people clear their record.  patriotledger.com/news/20181213/norfolk-da-looks-to-get-handle-on-expunging-criminal-records

Enlightening attitudes in Massachusetts regarding ex-offenders combined with the legalization of marijuana has pushed lawmakers to review criminal related policies.  The most powerful tool to assist ex-offenders achieve gainful employment is the act of expungement.  Once a criminal record is expunged it is no longer available to the general public and employers.  In Massachusetts it is seen as a means to clean up records with some misdemeanors and minor felonies. It is a tool designed to assist formerly convicted individuals reintegrate into society, and it is seen as a key tool to belay potential recidivism.

To help employers stay up-to-date and current with new and potential laws that effect employment screening it is wise to partner with a third-party background screening agency.  This strategy is key for employers to stay ahead of laws governing hiring practices and helps reduce the possibility of discrimination and ensures compliant policies.

One thing is certain the year 2019 will see a lot of significant changes in attitudes and policies in regards to the large portion of people in this country that have criminal records and hiring policies must keep up.

To read more about clean slate policies and the use of expungements to help ex-offenders get good jobs and put their pasts behind them forever read recent CriminalBackgroundRecords.com press release:  ‘Clean Slate’ and ‘Expungement’ Legislation May Bring Change to Background Screening, Opines CriminalBackgroundRecords.com

 

Filed Under: criminal background check

Challenges and Possible Remedies for the USA Eviction Crisis

January 10, 2019 By

The act of eviction has become an ever mounting challenge across the country for the last number of years.  This challenge along with the recent shortage of affordable rental living and related rent increases has caused that challenge to grow much larger and subsequently has made the problem much more noticeable.

Many cities and states across the country face the challenge of eviction and the potential sister challenge of homelessness.  Landlords and property managers have to deal with an emotionally charged issue, one assorted with numerous laws and regulations.

A best practice for landlords and property managers has always been to work with a well-qualified third-party tenant screening agency.  With a highly trained staff of investigators, a tenant screening agency is tasked in staying current with all laws governing tenant screening.

The city of Cleveland Ohio is making a concerted effort in reducing evictions through the use of mediation and state and federal assistance programs.

From WDET.org (Nov 12, 18):

… a pilot program which was started under the watch of Judge Ron O’Leary, who oversees Cleveland’s Housing Court. It brings in social workers to screen tenants who come to the court. O’Leary says the goal is to see if the tenants are eligible for assistance through a variety of programs.

“We may see tenants who are seniors. We may see tenants who are veterans or who have some mental or physical health issues or substance abuse issues,” says O’Leary. ”The goal in screening the tenants is to see if there are resources available.”

That program made more than 1,500 referrals in 2017, and has almost reached that number already this year.  wdet.org/posts/2018/11/12/87524-michigan-cities-face-eviction-crisis-here-are-some-solutions/

Another challenge tenants face with eviction is lack of legal representation.

From WDET.com (Nov 12, 18):

Unlike criminal defendants, tenants facing eviction have no right to legal representation.  ibid

Cleveland works with a legal aid group to assist low-income tenants with legal representation.

Preventative practices are, ultimately, the key to reducing evictions.

There are several steps a landlord should go through during the vetting process of a potential tenant.

1.      Tenant Check

A tenant background check can offer several reports drawn from public databases, both computerized and via a county courthouse.

A third-party tenant screening agency can help a landlord interpret data from a tenant check, especially criminal history and credit reports, the two key documents in a tenant check.

A criminal history report is commonly drawn from Last and Current County of residence.  As an example, most Professional Tenant Screening Agencies have access to courthouses across the country to pull the most immediate and current information on an applicant.

2.      Eviction Records

Eviction records are another critical component of the tenant check but one worthy of being highlighted.

An eviction record provides insight to a renter’s behavior.  Certainly it would point to a conversation well worth having regarding a potential tenant’s candidacy.

3.      References, personal and professional

References are an integral part of the vetting process.  It is key to have any reference confirmed and as many references as available should be vetted.  The most important reference is generally from the previous landlord.

In the end working with a third-party tenant screening agency remains a best practice.  With all the challenges that come with evictions staying ahead of the curve is always the smartest approach.

To learn more about the ongoing eviction crisis in the USA and how landlords can reduce the potential for eviction read recent TenantScreeningUSA.com press release:  Eviction Crisis: Solutions, Challenges, and Questions

Filed Under: Tenant Screening

The Growing Gig Economy and Criminal Background Checks

December 28, 2018 By

More and more people in the USA are taking on part time jobs that classify them as a freelancer or independent contractor.  A role that is different than a full-time employee.  Because of this difference the laws surrounding employment screening are not the same.  As more people want to be their own boss and with companies finding it more expensive to hire full-time employees and rising health care costs the Gig economy has become a huge phenomenon filled with short term deals, freelance work and the opportunity to create your own work hours.

The gig economy has become a significant avenue toward employment for a large part of the overall nationwide economy.  But what is the gig economy and how do background screening policies affect those employed individuals?

The Gig Economy is defined by Wikipedia as a labor market characterized by the prevalence of short-term contracts or freelance work as opposed to permanent jobs.  The gig economy as labelled is a relative new phenomenon in the economy insomuch that so many companies work under this business model.

From the Guardian (Dec. 06, 18):

The “gig” economy was supposed to be an opportunity for entrepreneurs to be their own boss. Everyone from Uber to Postmates, Lyft, Airbnb, Turo and Parklee have all sold themselves as platforms for freelancers and would-be entrepreneurs to work for themselves.  theguardian.com/business/2018/dec/06/is-the-gig-economy-what-it-has-been-cracked-up-to-be

Background screening in the gig economy remains a critical concern, just as it would for traditional employment.  Even though these workers are basically self-employed as contractors they still interact with the companies customers and a bad experience between a freelancer and a customer could severely damage the company.

There is a legal difference between someone being an employee and someone being an independent contractor.  Many of the platforms used in the gig economy such as Uber, Lyft, and Postmates may push for the label of independent contractor as the laws governing that title can be less stringent than “employee”. Nonetheless, background screening remains a critical tool in risk mitigation within these types of enterprises.

In the gig economy criminal history records are sometimes used as part of a complete background check but the rules governing this use is not well defined and, subsequently, results can be confusing for employers and can even lead to lawsuits.

Background checks are all about risk mitigation, and criminal history is an important part of that mitigation.  In fact one might call the use of criminal histories integral because in some cases a person’s history can be predictive of future behavior.

From Slate.com (Dec. 07, 18) discussing criminal records:

But not all criminal background records are equal, and not all criminal records are predictive of future dangerous behavior. What’s more, because gig-economy platforms like to classify their workers as independent contractors, would-be and current workers aren’t usually granted the same legal protections against discrimination as applicants or hires classified as employees. So there’s a difference between those looking to work at a grocery store or office building versus those looking to work for TaskRabbit or Amazon Flex. Given that many gig workers shift across multiple platforms, it can also be hard to discern what might be disqualifying on one platform and what isn’t on another. And just as workers with criminal records deserve to understand how past convictions might affect their opportunities, customers who use gig platforms deserve to understand how these companies decide who will greet you on the other side of an app request.  slate.com/technology/2018/12/uber-lyft-criminal-background-checks-gig-economy.html

Until laws governing background screening become employment specific to the gig economy, business owners should stay current with existing laws.  As the manner in which people find employment changes, the laws will eventually catch up, and hiring managers should stay fully compliant with potential and existing law by working with a third-party pre-employment background screening agency.

In the end the utilization of background checks is all about risk mitigation, and criminal history is an important part of that mitigation.  Criminal history information can be integral to the entrepreneur’s working part-time and even independently from their employer’s company that pays them because in some cases a criminal history report can be predictive of future behavior and although these independent contractors are not officially employees of the companies they work for they surely can be a huge risk to the company if something bad happens between them and a customer.

The safest approach for any company or organization in the USA that partakes in the Gig economy by hiring part-time/independent workers is too use a professional background screening agency to vet these individuals the same as they would their full-time employees.

To read more about the growing Gig Economy in the USA and what role background screening and particularly criminal background record checks will play given part-time/freelance or subcontracting is different than what a full time employee is read recent CriminalBackgroundRecords.com press release:  Criminal Records and Background Checks in the Gig Economy

Filed Under: criminal background check

Recent Survey Says Americans Think Renting is Cheaper than Ownership and what this means for Tenant Screening

December 12, 2018 By

Recent survey data by Freddie Mac further suggests that in the minds of many Americans renting is cheaper than purchasing a home.  As more people look to renting over ownership landlords and property managers will see increasing opportunity for improved rental income, but should note that tenant screening laws and policies must be complied with; and working with a well-qualified tenant screening agency remains a best practice.

A recent report by Freddie Mac suggests that more Americans than ever before see renting as a cheaper option than home ownership.  However, is renting really cheaper than purchasing a home?

From a recent Wall Street Journal posted article, October 16, 2018.

More than three-quarters of Americans now view renting as more affordable than owning a home, the latest sign that rising mortgage rates and higher home prices will continue to pressure home sales.

Some 78% of people now say that renting is more affordable than owning, according to survey data to be released Tuesday by mortgage company Freddie Mac.  That is up 11 percentage points from only six months ago.  wsj.com/articles/big-jump-in-americans-saying-renting-is-cheaper-than-owning-1539705295

There is evidence across the country of this trend.

In Springfield, Missouri renting had seemingly become the preference.

From OzarkFirst.com (Oct 17, 18):

According to a study by marketplace.org, renting and not owning is the preferred choice for people living in Springfield.

54.4% of people rent compared to 43.6% of people who are homeowners.

Of the nearly 140,000 households in Springfield, about 78,000 of them are renting compared to about 61,000 who own.

Over the past two years … has seen Springfield turn into a seller’s market for people looking to buy a home then rent it out or better known as investment properties.  ozarksfirst.com/news/more-people-choose-to-rent-not-to-own-in-springfield/1531904141

However, there are alternate opinions regarding ownership versus renting.

David Bach, noted money expert, suggests three reasons to rent in a recent interview on CNBC.com (Oct. 25, 18):

1.      You’re not staying put. “If you think you’re going to move in the next three years, you should not be buying a piece of real estate,” says Bach.

2.      You’re not sure about your job. If your employment situation isn’t stable or you’re living paycheck-to-paycheck, don’t buy a home, says Bach.

3.      You plan to have children and might need more space. “If you know you’re going to have kids and you think that will lead you to needing a bigger place, don’t rush and buy a small place. A growing family could require you to move in a few years,” says Bach.  cnbc.com/2018/10/25/david-bach-explains-when-you-should-rent-a-home-instead-of-buy.html

Regardless the reason to rent or not to rent, by all appearances rental demand continues to increase.  And with the increase in rental requirements landlords and property managers should work with a well-qualified tenant screening agency in order to stay fully compliant with law.

A professional tenant screening agency can provide the necessary tenant background checks to landlords and property managers as well as to assist them in creating compliant tenant screening policies which help them avoid discrimination.

To learn more about why renting may be a better living solution than purchasing a home and why maintaining proper tenant screening policies is extremely important read recent TenantScreeningUSA.com press release:  Is Renting Cheaper than Purchasing a Home? Tenant Screening Could be Changing; Opines TenantScreeningUSA.com

Filed Under: Tenant Screening

City of New Orleans and Duke University Join Ban-the-Box Movement

November 29, 2018 By

The City of New Orleans just recently passed an ordinance preventing city contractors from asking about potential new hires criminal history on their job applications.  This new “Ban-the-Box” legislation adds the city to the growing list of jurisdictions currently having such laws.

Ban-the-Box laws were created to give individuals with a criminal background record a fair shot at getting hired.  Instead of immediately disqualifying a candidate based on having a criminal record it is thought that an employer would evaluate the candidate by their skills and experience thus increasing the chances of attaining gainful employment.

The City of New Orleans recently joined a growing list of cities and related jurisdictions with “Ban-the-Box” legislation.

From TheAdvocate.com (Oct 18, 18):

The New Orleans City Council unanimously passed an ordinance that prevents city contractors from asking about potential hires’ criminal history on their job applications, a measure that extends an existing City Hall policy to people who want to work under employers with city contracts, cooperative endeavor grants or grant funding.

Councilmembers and proponents argue that applicants should be considered for employment on the merits of their skill and experience, not be automatically removed as a candidate because of their criminal history. (The measure does not prevent employers from performing background checks.)  theadvocate.com/gambit/new_orleans/news/article_15651392-d30e-11e8-8ac6-67759ad93438.html

“Ban-the-Box” legislation relates to the use of criminal background records as part of an employment application.

Typically applications include the “Box” to check if the applicant had a criminal past.  Just by checking this box is it suggested that many applicants make it no further in the hiring process.

From the National Employment Law Project (Sep 25, 18):

Nationwide, 33 states and over 150 cities and counties have adopted what is widely known as “ban the box” so that employers consider a job candidate’s qualifications first—without the stigma of a conviction or arrest record. Borne out of the work of All of Us or None, these initiatives provide applicants a fair chance at employment by removing the conviction history question from job applications and delaying background checks until later in the hiring process.  nelp.org/publication/ban-the-box-fair-chance-hiring-state-and-local-guide/

Background checks like criminal background checks are still conducted but are delayed until the end of the hiring process.

In a similar move Duke University has joined other Universities and New Orleans in “Banning-the-box.”

From DukeChronicle.com (Nov 01, 18):

By “banning the box”—and therefore no longer requiring applicants to disclose their criminal records when initially applying—Duke follows a number of similar policies adopted at other colleges.

The move came after other university systems such as the State University of New York system and the University of California system banned the box for all job applicants in September 2016 and July 2017, respectively. Louisiana and Maryland have also instituted statewide bans disallowing colleges from asking about crimes during the application process, and the Common Application is set to follow suit for next year’s college application season.  dukechronicle.com/article/2018/11/dukes-move-to-ban-the-box-follows-trend-established-by-other-states-universities

A best practice for Universities and cities, such as New Orleans, remains that a well-qualified third-party background screening agency be utilized in vetting new students and employees.

Removing the box on a job application that asks about a person’s criminal history gives them a better chance at being considered for a job.  Ban-the-box laws like the one just recently adopted by the City of New Orleans relates to the use of criminal background records as part of the employment application process.

Although recently passed ban-the-box legislation by another US City and another University doesn’t necessarily eliminate the use of a criminal background check in the employment screening or applicant screening process it certainly would delay it until for instance an initial offer was made.

At some point background-screening-reports will still be used to vet new students or employees and it is still a best practice for Cities, Universities and any other US Jurisdiction or Organization to make sure whenever they vet a new student or employee that they are using a well-qualified professional third-party background screening agency to attain the most current, comprehensive an accurate reports.

To read more about why more cities and Universities are enacting ban-the-box laws across the USA and why using a professional employment screening company helps keep them legally compliant read recent CriminalBackgroundRecords.com press release:  NOLO & Duke Join Growing List of Cities & Universities “Banning-the-box” on Employment & Academic Applications

Filed Under: background checks

Evictions Still a Challenge for Landlords

November 14, 2018 By

Administration of a successful rental property is a tremendous undertaking, one fraught with a variety of pitfalls, challenges, and, potentially, reward.  Across the country there are a number of laws governs how rental properties operate, from zoning to the use of tenant screening reports.  One significant potential legal battlefield involves evictions.

Evictions are an everyday part of the rental experience, one that is as big a challenge as one can get, but it is an important tool utilized by landlords and property managers, specifically in removing individuals that run afoul of contractual and legal obligations.

Evictions must be conducted in a legal and lawful manner.  Failure to do so could result in legal action.

In Springfield, MA owners of a rental property faced a legal challenge with tenant screening policies.

From masslive.com (Oct 04, 18):

A judge’s finding that the owners of a State Street apartment building discriminated against three tenants who were participating in a substance use recovery program sends a message to other landlords, said the executive director of the agency that filed the complaint.  masslive.com/news/index.ssf/2018/10/court_discrimination_ruling_se.html

Across the country tenants, courts, and landlords feel the pain.  In Mississippi, everyone involved feels the pain as the courts cycle through thousands of evictions.

From DJournal (Oct 01, 18):

Justice courts serve as Mississippi’s first step of the judicial system, and hear small-claims civil cases, such as misdemeanor criminal cases and some traffic offenses. These are not courts of record, most defendants are not represented by counsel and the judges are elected locally. But, they are efficient. And it’s here where most evictions in Jackson land.

Mississippi ranks eighth in the nation for evictions, according to the Eviction Lab, a Princeton-based research team that compiled every eviction record in the country from 2000 to 2016. And Jackson ranks fifth highest for cities with 100,000 people or more.  djournal.com/mississippi-today/repeat-evictions-take-toll-on-tenants-justice-courts-and-landlords/article_f7331742-340a-597f-aab0-f0d4bb41a06f.htm

 

It remains clear that evictions will remain highly contentious and lawsuits will continue over legal and lawful use.

In Huntsville, Alabama a group of tenants brought suit against a support group that provided housing.

From WAFF.com (Oct 01, 18):

A local group is slapped with a lawsuit after tenants receive questionable evictions.

And it goes deeper; these same tenants contacted WAFF to highlight the living conditions at their apartment complex in Huntsville and the group over it, promising to bring people in off the streets.  waff.com/2018/10/02/huntsville-group-slapped-with-lawsuit-over-evictions/

 

The tenants involved in potential legal action had been served with a 24-hour eviction notice, which is illegal in Alabama.

Regardless of the rental situation, evictions will occur.  And there is definitely a right way and a legal way to conduct an eviction.  Ultimately landlords and property managers must comply with all laws governing the eviction process.  Failure to do so could result in a lawsuit.  A best practice remains for all landlords and property managers to work with a well-qualified third-party tenant screening agency in order to remain fully compliant with law.
To learn more about the continuing challenges with evictions in the USA and why it is so important that landlords remain legally compliant during the eviction process read recent TenantScreeningUSA.com press release:  Evictions: Always a Challenge with Landlords and Property Managers

Filed Under: Tenant Screening

With After-School Activities Beginning Now is the Time for Volunteer Background Checks

October 26, 2018 By

Now that school is in full swing that means time for after school activities.  These activities include sports, clubs and the arts like music and theatre.  These extracurricular activities usually involve volunteer parent assistance.  And anytime you have adults spending time with an at-risk population like children there should be a thorough background check.  Every school utilizing volunteers should take all the necessary steps to ensure the safety of their children.  Having a thorough vetting process that includes criminal history checks, reference checks and the proper verifications is essential to securing the safety of the students.

Shorter days and longer nights can only mean one thing:  Back to school.  The rites of fall have children across the country begrudgingly returning the daily cadence of public or private education.

And with the return to school many students will return to afterschool activities, such as clubs or sports, and many of these activities will require the assistance of volunteers.

A best practice for schools requiring volunteers to assist in afterschool activities is a thorough vetting process, one that includes a criminal background check.

At-risk populations, such as children or the elderly, are vulnerable to victimization. Schools using volunteers that interact with children must take steps to ensure their safety.

And the reasons are clear.

In Yadkinville, NC a school volunteer was arrested for alleged malicious behavior.

From JournalNow.com (Oct 02, 18):

A Starmount High School volunteer coach was arrested after being charged with sex offenses involving a student… journalnow.com/news/crime/volunteer-coach-at-yadkin-county-high-school-charged-with-sex/article_9f219f44-9ca9-59f3-8615-4743311e0cc6.html

Things are no different on the west coast.

From theCalifornian.com (Sep 20, 18):

In Salinas California a youth football coach faces “charges of gunning down a man in Chinatown two years ago.”  thecalifornian.com/story/news/2018/09/20/salinas-coach-murder-arrest-what-we-know-now/1362358002/

A potential conviction of murder would certainly preclude an individual from serving as a volunteer but in some areas of the country certain convictions would not lead to a failed background check or rejection from a volunteer role.

In New Hampshire…”A former Winnacunnet High School assistant football coach facing burglary charges was a convicted felon when hired by the school in 2017, but officials say the conviction would not necessarily have prevented him from working in education.”  seacoastonline.com/news/20181005/ex-whs-football-coach-had-prior-felony-convictions

The requirements and legalities of a volunteer background check can vary from jurisdiction to jurisdiction.  A best practice is to work with a well-qualified third party background screening agency.

In some cases some parents have begun to question the policy of background screening volunteers.

From an opinion piece in the Idaho Mountain Express; mtexpress.com (Oct 11, 18):

As a mother of two children in the Blaine County School District, I have been made aware of a new practice involving parent volunteer screening.

The screening that is now required before a parent can volunteer in the classroom or with the school children involves, among other things, fingerprinting and a background check. While I appreciate that the district is making every effort to ensure our students’ safety, I can’t help but be concerned about how this practice might marginalize and discourage some parents from our valley’s already vulnerable immigrant population from volunteering.  https://www.mtexpress.com/opinion/letters_to_editor/school-district-should-revisit-volunteer-background-checks/article_3d196f6c-cc0d-11e8-a694-d333add8d6cf.html

A solid and thorough background check can work as a barrier to potential predators from working around children as a volunteer.  Despite potential pushback, a best practice remains that all volunteers should be background checked by a well-qualified third-party background screening agency.  Schools using a legally compliant and robust background screening program can thwart malfeasant individuals from gaining access to vulnerable students and give peace of mind to parents.

To read more about why all schools in the USA should mandate thorough background screening of all volunteers and why they should utilize a professional background screening company to conduct such background checks read recent CriminalBackgroundRecords.com press release: Back to School; Back to Background Screening Volunteers

Filed Under: background screening
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