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Vacation Rental Background Screening

July 19, 2017 By

With school out, longer days and better weather families go on vacation and these days they might be looking to make some extra cash on their vacant house while they are away. Additionally, in many parts of the United States families are taking much longer vacations, long enough to rent out their home. In order to save money or capitalize on a vacant property these families may turn to vacation rental properties.

Long-term vacation rentals offer a great many amenities that a standard hotel may not: A kitchen to prepare meals in, larger living space to spread out, and more bedrooms for the bigger families or those that invite friends along for the getaway. The affordability of a long-term vacation rental often outweighs daily maid service, an on-site pool, or room service.

Every year owners of vacation rental properties work tirelessly to attract long-term vacationers. The profit of a fully booked summer can pay an entire year’s property mortgage or, if the property is wholly owned, create significant profit.

But single family landlords must take the same care with long-term vacation rentals as they might with a traditional rental situation. Thorough tenant background checks should be standard.

It is important for a landlord to treat any landlord-tenant relationship in a similar manner. Even though a rental relationship that lasts only a month or two, and may be paid in full in advance, one should still take care to protect property.

A professional tenant background check offers three types of protections: Person, Property, and Perception.

Person: This protection is for neighbors or other tenants of a property. Running a criminal history check and sexual predator registry can afford a degree of security and peace of mind.

Property: Perhaps the most important protection for a vacation rental, protecting property from loss could be critical to a single unit landlord. Understanding the financial status of a rental could go a long way in protecting property, but a thorough tenant check, one that utilizes public records as well as a complete vetting interview provides a barrier to individuals with nefarious intent.

Perception: Not as important, perhaps, with vacation rentals, but protecting the perception of a given property goes a long way in ensuring the desirability of a property. No one wants to rent a property with horrible curb appeal or one that has a history of police calls and related challenges.

It is clear that the correct and proper use of public records combined with a thorough tenant vetting interview goes a long way in protecting a property and this holds true for vacation rentals as well.

A long-term vacation tenant check should include all the following:

  • Consumer Credit Report – Verify financial capability to fulfill a tenant agreement
  • Eviction Records – Verify any previous challenges a tenant may have had in a rental agreement
  • Criminal History – Provide greater protection for neighbors and other tenants
  • Sexual Predator Registry – Additional surety for neighbors and other tenants

Often time’s individuals with malicious intent drop out of the rental application process if they find out a landlord conducts a thorough background screening of all potential tenant applicants. Informing the potential vacation rental applicants about the thorough tenant screening process that will be utilized alone can act as a deterrent to nefarious vacation rental seekers. Knowing that credit checks and public record checks along with verifications and reference checks are to be conducted, those with something to hide will less likely proceed with the process for fear of certain background information being discovered.

Ultimately a best practice for landlords of long-term vacation rentals is to conduct a thorough tenant check through a professional third-party tenant screening company to protect person, property and perception.

To learn more about how to make extra money with vacation rentals and the proper background screening that should be involved prior to leasing read recent TenantScreeningUSA.com press release: http://tenantscreeningusa.com/tenant-screening-news/vacation-rental-background-screening-dont-miss-the-boat/

Filed Under: Tenant Screening

Change in Direction on Drug Sentencing and Employment Screening

July 10, 2017 By

Recently Attorney General Jeff Sessions sent a memo to all federal prosecutors informing them to stop seeking leniency for low-level drug offenders and start seeking the toughest penalties possible.  This move indicates a clear position of the new Trump era that drug offenders are to be punished by maximum sentencing instead of the more lenient sentencing occurring during the Obama administration.

This comes as a stark contrast to the recent ban-the-box movement which came into being due to a high level of job applicants not being considered for a position due to checking the “criminal history” box and alleged disparate use of criminal background records.  Due to the disproportionate incarceration rate for Hispanics and African Americans the issue of the “box” became a civil rights issue.  In the last few years the Equal Employment Opportunity Commission has taken steps to “guide” companies regarding the use of criminal background checks as part of pre-employment screening, just as ban-the-box legislation has worked to limit or alter the use of criminal histories in employment vetting.

The Sessions announcement is a complete reversal in direction from recent history which ban-the-box and the EEOC have been working on to help people with a criminal record have a fair chance at gainful employment.  The new Trump policy on cracking down even harder on drug offenders is a complete 180 from the direction the USA was going in terms of criminal justice reform and trying to get previous criminal offenders back into mainstream society with a job and a second chance.

The use of criminal background records in pre-employment background screening remains complicated.  Many different states and cities have severely restricted the use of criminal records as part of the vetting process.

The move by Attorney General Sessions marks a significant change in direction for the federal government.

From NBC News (May 13, 17)

The Trump era of drug enforcement has officially arrived, and it sounds a lot like the old days.

The message came this week in the form of a memo from Attorney General Jeff Sessions to all federal prosecutors: Stop seeking leniency for low-level drug offenders and start seeking the toughest penalties possible.

That’s what federal authorities used to do, when the war on drugs fueled the passage of mandatory minimum sentencing laws. But under former President Barack Obama, the Justice Department tried to rein in the use of those statutes, which advocates say were used disproportionately against minorities and led to massive prison overcrowding.  nbcnews.com/news/us-news/attorney-general-sessions-charts-course-back-long-drug-sentences-n758866

This recent move by the administration points to how fast policy and law can change, and should raise an alarm to all hiring managers regarding their current pre-employment background screening programs.

Opposition arose almost immediately in regards to Sessions announcement regarding the administration’s new maximum sentencing agenda against drug offenders and no one more than Michael Collins, deputy director at the Drug Policy Alliance.

 

From NPR.org (May 12, 17)

“This is a disastrous move that will increase the prison population, exacerbate racial disparities in the criminal justice system, and do nothing to reduce drug use or increase public safety,” Michael Collins, deputy director at the Drug Policy Alliance, said in a statement emailed to NPR. “Sessions is taking the country back to the 1980s by escalating the failed policies of the drug war.”  npr.org/sections/thetwo-way/2017/05/12/528086525/sessions-tells-prosecutors-to-seek-most-serious-charges-stricter-sentences

In the end the move by the current administration plays as a wake-up call for hiring managers insomuch that it highlights change being a constant and the potential for direct change affecting employment background checks could occur very quickly. With the return to maximum sentences for drug offenses there may be a reaction down the road similar to ban-the-box. Ultimately policy will change and a best practice as a hiring manager is working with a well-qualified third-party pre-employment background screening company.

To read more regarding the change in direction for drug sentencing in the USA and arguments for and against it read recent CriminalBackgroundRecords.com press release.

Filed Under: Uncategorized

Rental Markets Remain Attractive for Landlords

July 5, 2017 By

Rental markets across the country can have their ups and downs however in recent history it has been a boom for landlords.  In markets such as San Francisco, Los Angeles and Seattle landlords and property managers have realized huge success.  A recent survey further illustrates this trend.

As rental markets heat up landlords enjoy greater success which means more profits:

From REBusinessonline.com (May 02, 17):

Six in 10 apartment landlords say it is more profitable and attractive to be a landlord than it was five years ago, according to a new survey from TransUnion SmartMove, a tenant screening service for owners. The survey was conducted in March 2017 and included responses from 689 landlords across the country.

At the close of the first quarter of 2017, property owners indicated it was easier to find qualified renters and that resident turnover had declined compared with the same time last year.  rebusinessonline.com/low-turnover-higher-rental-prices-lead-to-attractive-apartment-market-for-landlords/

The key to this kind of success is finding qualified renters.  Which begs the question…  What is a qualified renter?

In a nutshell a qualified renter can be defined as one that can afford a property, shows the wherewithal to pay rent on time, and has had a successful rental career.  No late payments, no evictions, no apartment jumping.  A well-qualified candidate can also be a renter with a clear background record, great references and positive referrals.  The more of these attributes that get checked off means the more qualified the potential renter is.

Turning a qualified candidate into a long-term renter can be profitable for landlords, but the very reason qualified renters are paying higher rent is the same reason they may not be long term.  Cheaper apartments nearby could emerge or higher paying jobs could be cut leaving a renter unable to afford the high priced rent anymore.

It is also clear that the younger generation in the USA is more transient.  They tend to move around more and not spend money on a big investment such as a house or a car.  This would explain the increasing popularity of living in an urban city, close to work and entertainment and not restrictive on movement due to requiring a car.

Anyhow, it is obvious that at least for the near future rental markets remain bright for landlords.

Despite the abundance of rental candidates it is still just as important to conduct thorough tenant background checks on every candidate prior to signing a lease.  Even in boom time it remains just as critical to perform due diligence prior to renting to make sure you land the most qualified candidates for a rental property.  Landlords and property managers should always, at a minimum, review the credit report, criminal background report, and eviction report of their potential tenants before turning over the apartment.

Credit history is important to verify a candidate’s ability to fulfill the rental obligation.  Certainly a consumer credit report will provide the data a landlord needs to make a well informed decision, just as criminal records and eviction reports will further provide a better picture of the riskiness of a potential tenant.

It should be noted that some segments of the rental community now ban the question of criminal records as part of the application process.

In 2016 the Department of Housing and Urban Development as supported by the Fair Housing Act initiated certain bans of criminal history in public housing.

At the end of the day the search for qualified candidates is critical to the long-term health and fiscal viability of a rental property.  Additionally the apartment rental process needs to be conducted in a fair, legal, and lawful manner.  It is strongly recommended that property managers and landlords work with a professional third-party tenant screening company to get all the background reports they need and to assist them in remaining fully compliant with all applicable laws and rules governing the background screening industry.

To learn more about current rental markets in the USA and why it is a good time to be a landlord as well as why proper tenant screening is still important read recent TenantScreeningUSA.com press release:  http://tenantscreeningusa.com/uncategorized/recent-survey-show-rental-markets-remain-attractive-for-landlords/

Filed Under: Tenant Screening

Legal Marijuana and the Workplace in Southwest USA

June 13, 2017 By

Over the last several years US States have been legalizing marijuana use for medical reasons and even in some States for recreational use.  The recreational use of marijuana and THC (the active ingredient in marijuana) is being seen as comparable to the use of alcohol.  Recently the use of legal marijuana in the USA has collided with the workplace and no more evident than in the US’s Southwest States.  Three States in particular which are California, Arizona and Nevada and all three of them have made marijuana use legal either with medical marijuana and/or recreational marijuana.  The legalization of this drug has caused considerable concern over how its use should be treated in the workforce.

It is still unclear how marijuana users will fair against the rules of employers and if their job is safe if they use the drug outside of work hours.  Even though it may be legal to use in a certain State an employer can still fire an employee if they test positive for the drug.  This can happen in two ways; first if the employer has a drug free policy that explicitly states an employee will be fired if tested positive or because marijuana use is still illegal under Federal law.  As a country we have in recent history seen the changes in attitude towards criminal offenders with the inception of ban-the-box laws which changes employment screening procedures with how criminal background checks can be used and now we are witnessing the beginning of the decriminalization of marijuana use.

As legal marijuana use collides with the workforce new laws and policies must be created so employer and employee understand the consequences and rules surrounding how such use will effect a person’s job.  These issues are beginning to be addressed around the country but no more prevalent than in the Southwest.  These States have been grabbling with the legality of marijuana in their respective States along with how this translates into the workplace arena and what workplace rules need to change.

Already in California, Arizona, and Nevada the rules relating to marijuana use and the workplace are subtly different.

Citizens of California recently voted to legalize the recreational use of marijuana.  Effective January 1, 2017 Californians can buy marijuana at dispensaries without a medical card.  Almost immediately the question of marijuana and the workplace returned to the limelight.

From Lexology.com (May 02, 17):

Way back when, in 2008, the California Supreme Court held that employers need not accommodate an employee’s medicinal marijuana use. And it remains the practice for many employers to enforce drug use policies specifying that the employer has a zero tolerance toward working under the influence of drugs, including newly legalized substances such as THC (the active ingredient in marijuana). Unambiguous drug use policies will put even the most dazed and confused employees on clear notice that these “legalized” substances are not tolerated at the workplace.  lexology.com/library/detail.aspx?g=a8a100c2-2e49-4896-abb3-bc43be27f823

While the use of Marijuana in the workplace being banned is a common thread in all three states, California has the somewhat unique position in regards to random drug testing.

From Lexology.com (May 02, 17)

California employers may have a legitimate interest in enforcing a drug free workplace, but our Constitutional right to privacy generally protects against a random, suspicionless drug tests. Because an employer’s right to drug test relies on a balancing test (is the employee’s privacy interest outweighed by the employer’s interest in keeping the workplace safe and drug-free?), courts commonly look to whether there are less intrusive ways than random testing to protect the employer’s interest, and typically determine that there are.  lexology.com/library/detail.aspx?g=a8a100c2-2e49-4896-abb3-bc43be27f823

Arizona’s law is more cut and dry.  As long as Marijuana is illegal under federal law it can be cause for dismissal in regards to the workplace.

From ABC15.com (Apr. 20, 17):

While medical marijuana may have come a long way in the state of Arizona, but when it comes to using it in the workplace, even those with prescriptions and state-issued cards are learning it’s not enough to protect their jobs.

While it was legal in the state, the drug was still illegal according to federal law. He described it as a new and exciting area for lawyers.  abc15.com/news/region-phoenix-metro/central-phoenix/medical-marijuana-in-the-workplace-still-a-gray-area-for-valley-employees

Nevada is one of the more recent states to legalize medical marijuana.  As with the other two states Nevada does not allow the use or possession of marijuana in the workplace, but does require that employer’s make reasonable accommodation.

From AppliedBusinessNV.com (Apr. 26, 17):

Nevada’s medical marijuana law requires that employers attempt to make reasonable accommodations for the medical needs of an employee who holds a valid medical marijuana card, subject to certain limitations. Specifically, employers do not need to provide reasonable accommodations that would:

(a)    Pose a threat of harm or danger to persons or property or impose an undue hardship on the employer; or

(b)   Prohibit the employee from fulfilling any and all of his or her job responsibilities.  appliedbusinessnv.com/recreational-marijuana-legalized-in-nevada/

As the legalization of marijuana use becomes more widely accepted in the USA; and as its legalization has been adopted for a longer period of time the current confusion surrounding its use with workplace laws should become clearer.  As with alcohol employers do not let their employees show up for work drunk and neither will they let them show up for work high.  But if an employer has a policy of drug testing and THC is one of the banned substances then today that individual if tested positive to the drug could get fired.  However, almost all employers in the country do not care if their employees consume alcohol when they are not working, so eventually marijuana use could be treated the same way at which time employees could use marijuana on their own free time without the fear of losing their job.

While it is almost unanimously agreed upon by all States that marijuana use like alcohol use will not be tolerated at the workplace many question still remain…  If recreational marijuana use is legal in a US State than can a person in that State use marijuana outside of work hours?  Of course showing up to work high will not be tolerated but will a casual evening smoker be able to keep his/her job in such a State?  And will an employer be able to force random drug testing on its employees if they are not breaking State Law?  These questions and many more are now being addressed by State governments and by employers as it needs to be clear to employer and employee what the ramifications of marijuana use are.  Employers in such States need to revise their work policies to reflect the legalization of marijuana use and make sure all potential hires and current employees understand those rules.

Going forward there will still be confusion over marijuana use and its effects on workplace rules.  There are also different interpretations of marijuana related laws and there will be many more laws surrounding the legalization of marijuana and workplace policies.  A best practice for all hiring managers and HR departments is to clearly define the expectations and company rules of their employees in regards to marijuana use and clearly outline what the consequences of breaking those rules would entail.  It also helps to work with a professional pre-employment screening company to create or maintain compliant hiring practices.

To read more regarding the use of legal marijuana in the Southwest States and how it is effecting the workplace along with how different States are handling this read recent CriminalBackgroundRecords.com press release here.

Filed Under: Uncategorized

Tenants with Criminal Records and Disparate Impact

June 1, 2017 By

In recent history the rising concern over disparate impact in the tenant screening arena within the housing market is causing the re-evaluation of the tenant selection process.  In many cases where a facially neutral housing policy is used it often times negatively affects minorities, particularly those with a criminal record.  Having a seemingly non-discriminatory tenant screening policy is not enough anymore.  It now also has to be non-discriminatory on the aggregate level for all classes of people which is called disparate impact.  At this point in time where ban-the-box laws and the efforts of the EEOC have made it easier for those with a criminal past to achieve gainful employment, it now is going further by making landlords, property managers and owners also responsible for the negative effects that come from disparate impact.

In recent years a wide variety of laws have been enacted to protect individuals from potential disparate impact.  Additionally ban-the-box laws have eliminated the use of the question of past criminal history on the employment application and also dictates when criminal background checks can be conducted.

The FHA is a legal act that protects individuals from discrimination in housing and HUD is tasked with protection.  Recently, HUD released updated guidelines on how to protect against disparate impact in housing during the application process.

From the Village News, (Mar. 31, 17):

Disparate impact theory is when the housing provider has a facially neutral policy and applies it uniformly, but it impacts a group in one of the protected classes disproportionately than the other groups. Using the same policy as above, a housing provider may have a blanket policy of not allowing people who have been convicted of a felony and applies it uniformly to everyone who applies for housing. On its face, this does not seem like discrimination because the housing provider applies it to everyone and people who have been convicted of a felony are not a listed protected class in the Fair Housing Act. However, it could be discrimination under the disparate impact theory.  villagenews.com/realestate/impact-excluding-tenants-prior-convictions/

In the USA today landlords must utilize policies that allow an individual the opportunity to rent in a fair, equal, and uniform manner.  To treat a potential tenant differently from an existing policy would be discrimination.  In recent history disparate impact cases have been successful proving that if discovered could lead to legal action against the landlord.

Disparate impact has been proven time and time again, and a recent test by the Equal Rights Center has shown its impact.

Conducted by Kate Scott and staff of the ERC findings provided profound results:

From howhousingmatters.org (Mar. 30, 17):

  • Housing providers exhibited more favorable treatment for the white female tester than the black female tester in 47 percent of the tests conducted.
  • The black tester was only favored in 11 percent of the tests, while 42 percent of tests revealed no differential treatment.
  • Twenty-eight percent of the screening policies for criminal records used by local housing providers may illegally cause a disparate impact based on race.
  • Local housing providers should evaluate, revise, and increase the transparency of their criminal-record screening processes.  howhousingmatters.org/articles/racial-discrimination-can-yield-differential-treatment-among-potential-renters-criminal-records/

A well-qualified third-party tenant screening agency should be able to assist any and all landlords and property managers in the creation and maintenance of a fully compliant tenant screening policy.  One that can gather all the pertinent information required to make a well informed decision on a potential tenant as well as one that does not discriminate.

Tenant background checks can provide a landlord or property manager with the verification of information provided by an applicant.  This information includes:

  • Consumer Credit Reports
  • Eviction Information
  • Sex Offender Data
  • SSN Validation w/Address History Trace
  • And Criminal Background History

At the end of the day Criminal Background Records should remain an essential part of the tenant screening process but there are strict laws governing when a criminal record report can be pulled as well as for what purpose.  A solid tenant screening policy should include the exact reason information is retrieved and how information is pulled in a uniform non-discriminatory manner for all applicants even in the aggregate view such as disparate impact reveals.

To learn more about disparate impact and the effect it is having on the apartment industry and how this leads to tenant screening policy changes read recent TenantScreeningUSA.com press release: http://tenantscreeningusa.com/tenant-screening-news/tenants-with-criminal-records-a-continuing-evolution/

Filed Under: Tenant Screening, Uncategorized

Time to Protect Young Athletes and Campers through Background Screening

May 18, 2017 By

Summer is coming and that means time for summer camps and sports camps for children.  Often these camps entail overnight stays and parents have to trust their children with camp counselors, coaches and other staff.  The experience of some of these camps can be life altering in a positive way for children but parents and the greater society need to be at peace knowing that these kids will be safe in these new unchartered places.  This is where employment background checks comes in.  Nowadays parents, the government and society in general are making it mandatory for such camps to put all their employees and volunteers through a proper background screening.

A thorough background screening for such personnel should include reference checks, criminal background checks, sex offender checks, SSN Traces, verification checks such as license verifications and of course a proper in-person interview.

As parents look into different opportunities for their child during the summer break they often look into summer camp.

Summer camp comes in a variety of forms:

  • Day camp:  Generally a localized activity covering a single day and filled with a wide variety of activities.
  • Sleep over camp:  These camps can last from a single over-night to extended visits up to a couple of weeks or even months.
  • Theme camp:  A theme can extend to location or activity or both.  A week on a ranch in Montana tending to horses and cattle.  A weekend in the mountains learning about a different topography or geography and so on.

From Laduenews.com (Mar. 30, 17):

Camp constitutes a place for kids to try new things, become more independent and gain self-confidence. Simple challenges for children include building fires, going on hikes or learning to ride horses; more complex situations, though, include understanding how to get along with others, learning to ask for help and trying things outside one’s comfort zone. Letting go can be difficult for parents, but it’s life-changing for kids.  laduenews.com/business/columns/prepare-you-and-yours-for-summer-camp/article_c68627b1-8e59-5adc-86b2-8a1107170cce.html

Camp is a great outlet for a child’s energy, time and curiosity.  As long as it is a safe environment a parent should only worry about a little one being homesick.

A great many camps take considerable steps to protect children.

From RichmondMagazine.com (Mar. 30, 17):

The American Camp Association (ACA) provides guidelines for hiring and developing competent counselors. Pre-employment screening, education requirements, job descriptions and personnel policies, discipline procedures, training recommendations, performance evaluations, diversity requirements and the ratio of campers to staff are all part of the association’s voluntary accreditation program that offers benchmarks for management standards, including staffing.  richmondmagazine.com/news/education/whos-watching-your-kids/

Certain camps set higher standards.  Also, from RichmondMagazine.com:

Some camps have developed their own hiring and training standards, which typically address preventing sexual harassment or abuse, CPR and first aid training, smoking and substance abuse policies, acceptance standards, guidelines for anger management, conflict resolution protocol, and reference checks, criminal background checks and a check of the national sex offender registry.  ibid

One key component of a good camp is the thoroughness of the background check.  A complete background check is a great tool to utilize within a screening program.  Combined with a solid interview, background screening helps further protect a child from potential risk.

A third-party employment screening company can assist any organization or group with background screening of employed or volunteer camp counselors or employees.

To read more regarding the benefits of a thorough background screening of summer camp and summer athletic camp counselors, employees and volunteers and what particular background checks should be utilized in this process to help protect children read recent CriminalBackgroundRecords.com press release:  http://www.criminalbackgroundrecords.com/news/2017-04-19-Its-Time-to-Protect-Young-Athletes-and-Campers-with-Thorough-Background-Screening.html

Filed Under: employment screening

Challenges with Eviction Laws in Tenant Screening Process

May 4, 2017 By

Evictions and Eviction Reports are a critical component to the tenant screening process and as eviction laws change so does the tenant screening process.  Laws governing the use of eviction records and the reporting of evictions continue to change and evolve.  One thing is clear, a valid eviction record that in fact shows guilt by the tenant will continue to be a red flag for landlords and property managers.  Any potential tenant applying for rent with a past eviction is a standalone reason to reject the applicant.  No landlord would ever rent to someone that for whatever reason could not uphold residency at a previous apartment.  However, still today in the USA many landlords and property managers still do not perform an eviction check on their rental applicants.  This is a mistake and landlords should partner with a third-party tenant screening company to ensure they get all the background reports available before making a leasing decision.

Even with all the controversy surrounding the use of evictions in the USA the eviction report still remains one of the most important tools in tenant screening.  This document allows landlords to create a picture of a potential tenants past responsibility toward a lawful contract over tenancy.  While eviction is a relatively simple concept the lawful reasons for eviction can be very complex.

Across the country the laws governing the fair, legal, and lawful use of evictions continue to change and evolve.  Put bluntly; eviction is the process of removing a tenant or tenants due to the failure to abide, conform, and/or fulfill a contract in which they have committed.  This could involve failure to pay rent, willing destruction of property, or illegal activities.

A bill currently making its way through the Missouri legislature is further defining what is lawful in regards to housing as related to victims of domestic violence.

From MissouriNet.com (Feb. 28, 17):

Missouri lawmakers are looking at a measure to allow housing renters to terminate their leases and change locks because of domestic violence.

It would further prohibit a landlord from terminating a lease or refusing to rent to someone who is the victim of such violence.  missourinet.com/2017/02/28/bill-in-mo-legislature-would-let-domestic-violence-victims-terminate-housing-leases/

Essentially the law allows for the protection of the victimized to maintain tenancy and not have any cessation of lease be reported to subsequent landlords.

From MissouriNet.com (Feb. 28, 17):

The measure would apply to a tenant or any household member who’s been harassed, stalked, abused or assaulted.  It would also prohibit rental screening services from disclosing a tenant’s status as a domestic violence victim, or reveal whether such a person has terminated a lease.  missourinet.com/2017/02/28/

But not every area of the country has housing laws that protect the rentals in a way such as the potential Missouri bill.  In Milwaukee some evictions took place due to legal action against the landlord which created confusion as to whom to pay the rent.  When the landlords legal status changes some tenants were allegedly evicted through illegal means.  Notices of eviction were placed against some individuals.

From JSOnline.com (Feb. 26, 17):

Landlords, judges, tenant advocates and academics agree that people are followed by their evictions.  jsonline.com/story/news/investigations/2017/02/24/tenants-caught-legal-tangle-get-evicted/98058536/

Evictions can plague tenants for several years, unless they petition the court for removal.  Unfortunately, in some areas, tenants are not adequately protected and wrongful, and often illegal, evictions can create extensive problems for their future rental efforts.

It is clear that renters need to be protected from unlawful evictions and are able to secure adequate housing in the future.  However on the landlord side it is still a best practice for landlords and property managers to work with a well-qualified third-party tenant screening company to stay ahead of laws governing tenant background checks and one that can assist landlords in understanding the complexities related to legal and lawful use of eviction and how to avoid a repeat offender.

To learn more about evictions in the USA, evolving eviction laws and how and when to perform eviction record checks in the tenant screening process read recent TenantScreeningUSA.com press release here: http://tenantscreeningusa.com/tenant-screening-news/evictions-and-law-challenges-in-tenant-screening/

Filed Under: Tenant Screening

Elder Abuse an Often Overlooked Epidemic

April 19, 2017 By

The United States population is aging and care for elderly is a growing business.  Most of the aging population expect to grow old in a safe environment and that they will be properly cared for.  However, crimes against the elderly has continued to grow over the years and is only now being seen as a hidden epidemic in our society.

Enter caregiver background checks the best way to weed out malfeasant individuals looking to take advantage of the elderly.  This form of risk mitigation is not always used when hiring caregivers for the elderly especially if it is the family that hires the caretaker.  All caregivers given unsupervised time with the elderly population should all be thoroughly vetted before being hired.  It is best to use a third party background screening company to conduct these background checks and should include criminal background checks, social security validation with address history, reference checks and the appropriate verification checks.  The information gathered from these reports and background checks can then be compared to the information given by the caregiver on their resume and interviews.

As people age the risk of abuse grows and astonishingly that abuse comes from those hired to protect, assist or help the elderly in everyday activities and happenings.  Depictions of elder abuse brought forth by caregivers are becoming rampant on the internet and their stories have been populating almost every news site.

Recently, in the Village of Oak Creek, Arizona, a caregiver was arrested for stealing from an elderly woman.

From VerdeNews.com (Feb. 22, 17):

…a 42-year-old caregiver of Village of Oak Creek, was arrested after the Yavapai County Sheriff’s office confirmed her as a suspect accused of stealing more than $100,000 from an elderly Sedona woman.

A family member of the legally blind 89-year-old victim contacted the Yavapai County Sheriff’s Office last month to report concerns of caregiver theft. The caller indicated it appeared more than $100,000 had been stolen from the victim, according to a news release from YCSO.  verdenews.com/news/2017/feb/22/caregiver-arrested-after-allegedly-stealing-190k-e/

Sometimes the abuse has a far greater impact than theft.  An extreme situation occurred in Texas.

From KCENTV.com (Feb. 21, 17)

Emily Springer, 96, died just four months after she was seriously injured in a vehicle crash. According to her family, a Visiting Angels caretaker responsible for Springer failed to properly strap her into the van, which caused her to fly out of her handicap seat and into the dashboard.

… The caretaker involved was indicted for injury to an elderly person and is awaiting criminal trial.  kcentv.com/news/local/elderly-woman-killed-by-negligent-caregiver-civil-suit-begins/409614262

An important deterrent in elder abuse by a caretaker is definitely by performing thorough background checks, reference checks and verifications on candidates before giving them unsupervised time with the elderly.  This process should include a complete interview as well as a professional criminal background check.  With more and more stories of elder abuse hitting the headlines and as more people in the USA enter their elder years it needs to become mandatory for caregivers to go through an in-depth employment screening before being allowed unsupervised time with the elderly.

To read more regarding the elder abuse epidemic in the USA and how thorough caregiver background checks can help avoid these situations read recent CriminalBackgroundRecords.com press release:  http://www.criminalbackgroundrecords.com/news/2017-3-21-Elder-Abuse-A-Hidden-Epidemic.html

 

Filed Under: background checks

Are British Style Immigration Tenant Checks Coming to USA?

March 30, 2017 By

Emotions have sky rocketed in this country recently over legal and illegal immigration and there shows no signs of this hot issue abating in the near future.  A similar situation happened in England last year when they rolled out the “Right to Rent” policy.  This was passed in response to Britain’s illegal immigration challenges.  Getting strict with immigration laws and policies seems to be the trend with US Allies and now the USA itself.

From The Belfast Telegraph (Feb 13, 17):

Right to Rent was rolled out across England last year, requires landlords to establish that tenants have a right to be in the country by taking copies of documents such as passports or identity cards.  belfasttelegraph.co.uk/news/uk/immigration-checks-on-tenants-fuelling-discrimination-report-warns-35445645.html

Immigration is a major hot button issue in America as it has been in Britain.  The move to force landlords to check for legal right to be in the country has caused considerable challenge and concern in the UK.

The Belfast Telegraph conducted research on the new policy and determined that it does, in fact, create significant challenges to landlords and property managers.

From the Belfast Telegraph (Feb. 13, 17):

The paper concluded: “The Right to Rent scheme conscripts ordinary members of civil society into the immigration enforcement arm of the Government, and does so in such a crude and ham-fisted fashion that it creates structural incentives for them to discriminate unlawfully against foreigners and ethnic minorities.”  Ibid

Other papers in the UK have taken note of the challenges with Right to Rent and statistics appear to point toward potential discrimination.  This goes beyond when and how criminal background checks can be performed prior to leasing.

From MorningStarOnline (Jan 23, 17):

Statistics from research into the pilot scheme showed that 42 per cent of landlords admitted they are less likely to consider renting to someone who does not have a British passport, regardless of their actual migration status.

Moreover, a further 25 per cent stated that they would be less likely to open discussions with someone who “had a name which doesn’t sound British” or “had a foreign accent” and 65 per cent of landlords stated that they would be less likely to rent to someone who needs time to provide documentation.  morningstaronline.co.uk/a-73f6-The-governments-racist-housing-policy#.WKECEdIrLIU

With the serious tone of the new administration in Washington DC accompanied by the dramatic changes that have occurred specifically in its direction toward immigration, it is probable that a sudden and dramatic shift in tenant screening polices similar to Right to Rent, could happen in the United States.

Already States are looking into how to thwart such new policies before they can become law.  Like many times in the past the State of California may be the first state to proactively introduce legislation to prevent an American Right to Rent law.

From CBS Sacramento (Feb 03, 17):

Assemblyman David Chiu’s said … he’s introduced a bill that would prohibit landlords from disclosing information related to tenants’ immigration status. AB291 would also bar them from threatening to report tenants to immigration authorities.

The San Francisco Democrat says his bill would eliminate one method President Donald Trump’s administration could use to deport immigrants.  sacramento.cbslocal.com/2017/02/03/california-lawmaker-proposes-immigrant-tenant-protections/

As US lawmakers continue to watch the effectiveness, responses and challenges of Britain’s “Right to Rent” policy they will at some point have a good idea whether or not similar policies would work in the USA or if they would be unfair and/or discriminatory to US Residents that should not be treated like criminals or unwanted aliens.  Landlords and apartment managers should stay attuned to such changes happening and partner with a well-qualified tenant screening agency in order to stay ahead of any potential legislation effecting tenant background checks and housing laws.”

To learn more about how immigration policies could affect tenant screening practices in the USA and how Britain has been dealing with this issue read recent TenantScreeningUSA.com press release: http://tenantscreeningusa.com/tenant-screening-news/could-british-immigration-style-tenant-checks-come-to-the-united-states/

Filed Under: Tenant Screening

Criminal Records in New Trump Era

March 15, 2017 By

The use of criminal background records have made headlines over the past few years during the last term of the Obama Administration.  We have seen ban-the-box legislation sweep across the country making it only possible for employers to conduct criminal background checks only when an initial offer of employment is made.  We have seen the Equal Employment Opportunity Commission (EEOC) get aggressive with multiple lawsuits against discriminatory practices during the hiring process.  They also released a guidance as to the fair, lawful and legal use of criminal records as part of the employment screening process.  All this and putting forth considerable effort trying to reform the criminal justice system.

We have seen recreational marijuana use become legal in many States.  Marijuana use in these States went from being a crime to becoming tolerated.  Some States like California actually went as far as expunging previous non-violent marijuana related criminal records from past offenders rapsheets.  However, now in 2017 the country has a new administration led by President Trump whose ambitions are drastically different than the previous administration.

Under the authority of the President Immigration and Customs Enforcement or ICE has been tasked with greater urgency in deporting illegal aliens with criminal records.

From the Washington Examiner (Feb. 12, 17):

Stephen Miller, the president’s policy director, said, “the cases that I’m familiar with…have to do with removing criminal aliens, individuals who have criminal charges or convictions against them. And that’s what’s been taking place all across the country. And the effect of that is going to be saving many American lives, American property and American safety.  washingtonexaminer.com/white-house-deporting-criminal-illegals-saves-american-lives-property/article/2614615

Criminal records can follow an individual for many years and make it difficult for a past offender to find employment and/or decent housing conditions.  With the new administration in force it seems that evidence of a criminal record for aliens living inside the country will most likely result in immediate expulsion.

To date actions by the new administration including several executive orders have been very firm and often times a challenging reversal of direction from the previous administration.

At this point in time it really is unclear if laws governing the use of criminal records will continue to expand or slow down.  What is certain is that the use of criminal background records in the employment screening arena will continue to remain a critical tool for employers and hiring agents in determining which applicants they will hire.  In the meantime it is certainly realistic to assume that pre-employment background screening and the proper use of criminal records will continue to make headlines going forward.

At the University of Wisconsin students challenged the potential use of criminal records as part of the admissions process.

From the Wisconsin State Journal (Jan 28, 17)

Members of UW-Madison’s student government on Friday criticized Chancellor Rebecca Blank’s call for officials to revisit their policy of not asking about applicants’ criminal records….Blank called Thursday for the University of Wisconsin System Board of Regents to “consider a review” of UW’s applications, which do not allow officials to ask about or consider prospective students’ prior criminal convictions.  host.madison.com/wsj/news/local/education/university/university-of-wisconsin-students-warn-against-using-criminal-records-in/article_3b0635ed-18c8-57da-b0bc-4822eaccdd42.html

It should be noted that other countries utilize criminal records much in the same manner as the United States.  For example, Argentina has strengthened criminal records laws as used in immigration.

From Fox News (Jan 31, 17):

Seeking to curb a spike in crime that remains a top concern across the country, the president of Argentina signed a decree that greatly toughens its immigration law to fast-track the deportation process and bar entry to foreigners with criminal records.  foxnews.com/world/2017/01/31/new-immigration-law-in-argentina-bans-entry-expels-foreigners-with-criminal-record.html

The United States is not alone as other countries use criminal records along the same lines we do both with employment purposes, immigration practices and other capacities. And just as in the United States, the use of criminal records for any lawful task will remain controversial.  A best practice for any company is to utilize a professional third-party background screening company in order to stay ahead of changes to law and remain in compliance with existing law.

Human resources professionals and hiring agents should pay attention to new actions by the Trump administration and if need be revise their existing background screening policies to compensate.  Additionally they should work closely with a professional background screening company to make sure their policies and procedures are legal and compliant.

To read more regarding the previous trends with the use of criminal records in the employment screening process and how the past administration’s policies may differ from the new Trump Era policies read recent CriminalBackgroundRecords.com press release:  http://www.criminalbackgroundrecords.com/news/2017-02-15-Criminal-Records-at-Home-and-Abroad-in-the-Trump-Era.html

 

Filed Under: criminal background check
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