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Tenant Screening Policies in the New Year

February 28, 2017 By

With a new administration in the White House and HUD’s new guidance in 2016 it is time for landlords and property managers to review their tenant screening policies especially the use of public records like criminal background checks.  Taking the time to ensure that tenant screening practices are current and legally compliant during this new political landscape is paramount.  It is a best practice in this process to utilize a third-party background screening company to help stay compliant and get access to the tenant background reports needed to maintain a sound tenant selection process.

In 2016 HUD released a new guidance on tenant screening practices that caused concern for landlords, property managers and property management companies in the multi-family industry.

From the website of the San Francisco Chronicle (SFChronicle.com; Apr. 08. 16):

Landlords who have a blanket ban on renting to people with criminal background records could be charged with violating the federal Fair Housing Act, under guidance issued last week by the U.S. Department of Housing and Urban Development.

However, a landlord who fails to screen prospective tenants for criminal records and rents to one who robs or hurts a neighbor could be sued by the victim.

That is the dilemma landlords now find themselves in as a result of HUD’s new guidance, which provides few specifics on how to comply. (1)

HUDs policy changes have caused and will continue to create considerable confusion for property managers and landlords.  Subsequently, a best-practice, in order to maintain full compliance, is to work with a well-qualified third-party tenant screening company.

Despite these changes in the use of certain public records tenant screening still remains an essential process in the vetting of prospective tenants.  In addition to finding out financial information such as credit score this process can also assist in the prevention of property loss or damage as well as harm to current residents.  The information found in tenant background checks, combined with a thorough interview and reference checks aid landlords and property managers in the rental decision process while also weeding out prospective tenants that could pose a risk to the property and or other nearby residents.

Another change landlords and property managers should be prepared for is with the ascendancy of Donald Trump to President and the potentially radical change that could occur.  Trump’s selection of Ben Carson as Secretary of HUD could bring around significant change as his views appear to be dramatically different that those of the previous administration.

From the website of the New York Times (NYTimes.com; Dec. 05, 16):

In an opinion article in 2015 for The Washington Times, Mr. Carson compared an Obama administration housing regulation to “the failure of school busing” because it would place affordable housing “primarily in wealthier neighborhoods with few current minority residents.”

The rule, known as Affirmatively Furthering Fair Housing, was years in the making and designed to end decades-old segregation by offering affluent areas incentives to build affordable housing. Critics, including Mr. Carson, called it government overreach. (2)

All tenant screening policies should be reviewed based on recent changes by HUD as well as the potential of change with a new administration.  During this political period of potentially drastic changes to the apartment rental industry partnering with a third-party tenant screening company is the wisest approach and will help landlords and property managers remain well informed and compliant with all existing and potential legislative modifications.

To learn more about last year’s changes from HUD and what the new White House administration under Ben Carson illustrates as to potential drastic changes to the apartment rental industry, primarily the tenant screening process and how public records like criminal background records can be used in the vetting process read recent TenantScreeningUSA.com press release: http://tenantscreeningusa.com/tenant-screening-news/time-to-review-tenant-screening-policies-in-the-new-year/

 

Filed Under: Tenant Screening

Caring for our Aging Population

February 16, 2017 By

There have been many headlines about the challenges our nation faces when it comes to our at-risk populations.  Specifically the elderly and the abuse that can happen from caregivers with unsupervised timed with an elderly patient.  There have been numerous cases of such abuse to the elderly portion of our country in recent news articles.  As the elderly population of the USA continues to increase so does the need for in-home caregivers.  This is why it is becoming paramount that a thorough background screening be performed on all caregivers before being allowed into the home.

Unfortunately many families do not have the proper insurance to cover in-home healthcare for the elderly members of their family.  This causes many families to pursue low-cost in-home care and that usually means hiring caregivers that are not properly trained or qualified in their profession.  In addition to not being highly trained these caregivers could also have criminal background records or other attributes that makes them not suitable for the job.  For these and other reasons it is imperative that a thorough caregiver background check be performed prior to letting an individual have unsupervised time with the elderly.

From KSTP.com (Dec. 22, 2016):

A caregiver at a Burnsville memory care facility has been charged after police say he smacked a vulnerable resident in the face…

…has been charged with fourth-degree assault and disorderly conduct. If convicted, he faces up to one year in prison and $3,000 in fines on the assault charge and up to 90 days in jail and $1,000 in fines on the disorderly conduct charge.  kstp.com/news/charges-burnsville-caregiver-vulnerable-resident-slapped/4351729/

Recent incidents in Massachusetts have brought into question the level of protective care provided toward the elderly regarding the hiring of personal care attendants. As attempts continue to improve the situation there are complaints about background screening, one of the best tools that can be utilized in protecting the elderly.

From MassLive.com (Dec. 28, 17):

James Fuccione, director of legislative and public affairs for the Home Health Care Alliance of Massachusetts, which represents home care agencies, said his group encourages consumers to hire workers through an agency because of the safeguards, like background checks and training.  masslive.com/politics/index.ssf/2016/12/personal_care_attendants_have.html

Elder abuse comes in many forms and families should be well aware of the different types.  Some may be overlooked or held inconsequential, but each are equally disruptive and devastating to the elderly.

Elder abuse refers to intentional or negligent acts by a caregiver or trusted individual that causes harm to a vulnerable elder. Elder abuse takes many forms, including neglect, physical abuse, sexual abuse, financial abuse and exploitation, emotional or psychological abuse and neglect (including verbal abuse and threats), abandonment and self-neglect.  acl.gov

As healthcare costs increase more and more family members will rely on each other for elder care, either through individual efforts or through hiring a caregiver.  It is critical that any individual working with the elderly, an at-risk population go through an extensive and thorough background check process.  For a complete investigation, an individual, family or home healthcare agency should utilize a well-qualified third-party background screening company to gain critical information needed in making a well-informed decision on a very critical matter.

The country as a whole needs to strongly advocate rigorous background screening of all caregivers which at a minimum should include criminal background checks, sex offender registry checks, social security number validation with address history trace, driving record checks (if the caregiver will be driving the elderly patient), credentials verification and reference checks.  As the population in the USA continues to age the need and importance of well qualified and properly screened caregivers will continue to grow.  It is critical that a thorough and complete background check be conducted, one that contains as much information that can be gained via public records and personal reference confirmation.  This is extremely important as proper background screening of caregivers is one of the best tools available in protecting the country’s at-risk population especially the elderly.  This tool if used correctly prior to hiring or access to the home is given can reduce cases of elder abuse by preventing past offenders from striking again.

To read more regarding the importance of properly background screening caregivers for the elderly especially those with unsupervised access to the home view recent CriminalBackgroundRecords.com press release:  http://www.criminalbackgroundrecords.com/news/2017-01-13-Caregiver-Background-Checks.html

Filed Under: background checks

Ban-the-Box Reaches Tenant Screening

January 26, 2017 By

Ban-the-Box type legislation is entering the tenant screening arena as Washington DC City Council has moved forward on potential legislation that would ban-the-box on tenant applications.  This kind of legislation has been seen across the country over the past few years for pre-employment screening making many employers remove the box on their employment applications that asks if the individual has a criminal record.  This movement has been happening for a while and the goal isn’t just to help people with criminal records get a job it is now entering the tenant screening marketplace with a similar goal; that of making it easier for past offenders to find a decent place to live.

Recently Washington DC lawmakers have advanced a bill banning the question of “criminal history” from all tenant rental applications.  This move by the DC City Council to ban-the-box on tenant applications is a turning point in the apartment rental marketplace and could have significant consequence across the country similar to the impact ban-the-box legislation and the enforcement of discriminatory practices by the Equal Employment Opportunity Commission (EEOC) had on the employment screening practices, procedures and policies.

The potential effect of the Washington DC City Council over banning-the-box on rental applications could have an enormous impact across the country.  Much like ban-the-box legislation governing the fair, legal, and lawful use of criminal records in pre-employment background screening has had significant impact in employment screening a similar effect will be felt in tenant screening.”

From NextCity.com (Dec. 05, 16):

In language that closely mirrors “ban-the-box” legislation barring employers from asking about criminal history on job applications, a bill advanced last week by the D.C. City Council’s Committee on the Judiciary would prohibit landlords from asking potential tenants about prior convictions before making a housing offer, reports DCist.  nextcity.org/daily/entry/washington-dc-ban-the-box-housing-applications

Ban-the-box legislation in employment removes the question of criminal history from the application and delays when the question of a criminal history can actually be asked during the hiring process.  In most cases the question of criminal history can only be asked after an offer of employment has been made to the candidate.

From NextCity.com (Dec. 05, 16):

Under the Fair Criminal Record Screening for Housing Act of 2016, co-introduced by McDuffie in April, landlords will not be allowed to ask about prior convictions before extending a conditional housing offer. Around 60,000 D.C. residents have criminal conviction records, according to the Washington Lawyer’s Committee, and about 8,000 more people are released each year.

Once landlords make a housing offer, they are allowed to take into account certain types of convictions — including rape, murder, assault, arson, robbery, sex abuse and fraud — if they’ve occurred in the past seven years. The offer can then be revoked only if the landlord determines “on balance, that the withdrawal achieves a substantial, legitimate, nondiscriminatory interest.”  nextcity.org/daily/entry/washington-dc-ban-the-box-housing-applications

Enacting ban-the-box legislation regarding rental properties is a move to reduce discrimination during the vetting process.

To be clear, this legislation does not eliminate the use of criminal background records in the tenant screening process.  Rather, it controls the exact timing and use.  This initiative would work very similar to ban-the-box rules for employment screening and if enacted would only allow a criminal background check to be performed after a housing offer is made and then only certain criminal offenses can be considered and only for the past seven years.

The action in Washington DC is not the first of its kind as there are a few communities with initiatives such as Washington’s.  However, it is a clear indication of how removing the “do you have a criminal record” question box from tenant applications is gaining momentum in the rental apartment space.  With this kind of legislation being written property managers and landlords should take note and pay attention to this process and any eventual outcomes.

From DCist.com (Nov. 30, 16):

While more than 100 cities and counties and 13 states have “ban the box” laws on the books, initiatives for housing applications are less common. San Francisco; Los Angeles; Dane County, Wisconsin; and Champaign, Illinois are among the handful of jurisdictions around the country with similar ordinances to the one the D.C. Council is considering.  dcist.com/2016/11/dc_council_committee_moves_to_ban_t.php

The recent move by the DC City Council is a definite eye opener to the apartment rental industry and one landlords and property managers should pay close attention too.  In addition to paying attention to the evolving legal landscape regarding the use of criminal records in the tenant background check process they should also work closely with a third-party tenant screening company.  This combination is certainly a best practice for landlords and property management companies that want to stay in full compliance of the law.

To learn more about how ban-the-box type legislation is reaching the tenant screening industry and what this may mean for landlords and property managers read recent TenantScreeningUSA.com press release:  {Insert December TSUSA Press Release Link}

Filed Under: Tenant Screening

Employment Screening and Compliance

January 5, 2017 By

Most every company or organization hires new workers at some point or runs background checks on current employees.  Either way the employment screening process has to be in compliance with all Federal, State and Local laws governing the use of consumer reports such as criminal history reports.  This process typically includes posting an Ad for a job position, then sorting through resumes, then having interviews for the candidates that look the most promising and then picking the best person for the job and hiring them.

However, these days human resources (HR) personal need assistance in creating, maintaining and then conducting the hiring process in strict adherence to their employment screening policies.  With new laws affecting the employment screening and hiring process being enacted into law all over the country, it is wise to partner with a third party background screening company to help hiring agents like HR professionals remain compliant with such laws and also to help them understand the consumer reports they receive on prospective and current employees.

Current background information that should be utilized as a part of a complete and comprehensive background check is criminal background checks, SSN reports, sex offender record checks, driving record checks (if applicable), employment background checks like employment verifications, education verifications and personal and professional reference checks.  All of these reports together give a full picture of the job candidate and helps employers make wise hiring decisions.  However, it is not enough to just order these background checks, employers also need to understand the laws surrounding the proper use of this background information and must adhere to all current laws regulating how and when these background checks can be reviewed or even taken into consideration.

With new laws like ban-the-box legislation, the legalization of marijuana use and the continued efforts of the Equal Employment Opportunity Commission (EEOC) combating discrimination in the hiring process it is time for employers and HR professionals to work with a third party background screening company to remain legally compliant during this time of rapid change in the employment screening arena.  It is also best to consult legal counsel to ensure your background screening and hiring policies and procedures are compliant with all Federal, State and local laws governing the use and proper application of when and how consumer reports like criminal history reports can be used in the decision making process of hiring new employees.

Every employer needs to understand the laws that govern the employment screening process and must remain compliant with such laws and guidelines to avoid legal action from the EEOC and other agencies.  The EEOC will seek legal action against companies and organizations if they violate federal law specifically in instances of discriminatory hiring practices.  A sound hiring practice helps verify information on a resume and looks into the life experience and background data of a prospective employee.  This is fine but the process has to be compliant with all relevant laws and cannot be in anyway discriminatory to the point of even disparate impact which on the surface does not appear discriminatory but when looked at in the aggregate does indeed discriminate.

The use of background records which includes consumer credit reports, is regulated by the Fair Credit Reporting Act (FCRA) and is enforced predominantly by the US Federal Trade Commission and the Consumer Financial Protection Bureau. The FCRA also has clear rules in its section covering employment background checks.  It states that all employers using consumer reports including criminal history reports must get written permission from the job applicant to run the criminal background checks and must tell the applicant if the criminal record report was in-part or wholly responsible for the applicant not getting hired.  This adverse action letter must be given to the applicant along with a summary of their rights under the FCRA and the applicant has a right to dispute these records along with other rights.

Other than credit information consumer reports like criminal history reports are protected and enforced by the Equal Employment Opportunity Commission under the authority of the Civil Rights Act of 1964 and its various updates and expansions.  There are clear rules that employers have to abide by when selecting new employees.  The FCRA and EEOC make it clear how criminal background records are to be utilized during the employment screening process through its documents and guidance’s.

The bottom line when it comes to employment screening in the USA is that this country has a far reaching agenda to end as best they can discrimination in the workplace and in the hiring process.  This agenda also includes giving previous criminal offenders a fair chance at getting a job including removing the question on the job application form asking the job applicant if they have a criminal record.  In addition some States now will not allow employers to take into consideration any criminal record older than 7 years.  These States will only provide the last 7 years of criminal history if the reason for the criminal background check is for employment screening purposes and the new job would physically be in that State.  With recent laws like these it is imperative that employers and hiring agents understand what is expected of them and that these new laws are reflected in their employment screening and hiring policies to remain in full compliance.

To learn more about the employment screening process in the USA and the new laws and regulations effecting the hiring process and why it is important for employers to remain or become legally compliant related to these new laws read recent CriminalBackgroundRecords.com press release.

Filed Under: employment screening

Tenant Screening Review

December 22, 2016 By

Tenant screening a process of evaluating background information on potential tenants has many parts to it and should be conducted by landlords and property managers in conjunction with a professional background screening company.  With new laws becoming active this year it is important for landlords to understand what these laws mean to them and how they affect the tenant selection process.  A well-qualified tenant screening company can help apartment managers and owners create and maintain compliant tenant screening policies and can provide the background reports necessary in fully vetting rental property applicants.

There are certain key background reports that are essential to any tenant screening platform.  These reports are consumer credit reports with credit score, eviction history and criminal history including sex offender records.  A landlord can gain access to any public record.  A public record is created anytime a person interacts with a public agency like law enforcement.  The criminal justice system is one such source where public records are created as is the department of motor vehicles.  Other records that may be of interest include:  civil records, nationwide criminal checks, liens and judgments, reference checks and verifications. A best practice for a landlord would be to let a potential renter know exactly what information is being requested before conducting the background checks.  A landlord must get permission from an applicant before running certain tenant checks like pulling a person’s credit history as this is required and enforced by the FCRA (Fair Credit Reporting Act).

Here is a description of each of the top 3 Tenant Background Checks:

A Consumer Credit report – This report is provided by a credit bureau and contains information on an applicant’s credit worthiness or ability to pay.  A credit report contains information on loans and credit arrangements, including contracts and revolving credit plans.  It will also contain critical payment information as well as action taken by issuers of credit.  Consumer credit reports can only be created after an applicant provides explicit written permission and has been informed of individual rights regarding the ability to correct any information and acquire a copy of the report used during the tenant background check.

Evictions – This report provides information on a potential tenant’s rental history.  Just as the name suggests eviction reports shows any history of eviction from previous landlords or property managers.

Criminal History/Sex Offender Registry – Criminal background checks will provide any recordable interaction with the justice system, primary the police or sheriff departments.  This may include minor misdemeanors or major felonies.  It should be noted that recent actions by the Department of Housing and Urban Development may restrict the use of criminal history in certain situations in regards to the tenant screening process.

Some think that owners of a small apartment building or single family dwelling don’t need to use a tenant screening company.  However, regardless of property size a landlord or property manager should use a third-party tenant screening company.  A well-qualified tenant screening company maintains compliance and understanding of all rules, regulations, and laws governing the use of public records.  Further, a tenant screening company will have the security and systems in place that can maintain, control and store all the sensitive information used during the tenant screening process.

To learn more about tenant screening, the reports involved and why it is a good idea to work with a professional tenant screening company to help stay compliant and how new laws enacted this year could require tenant selection polices be revised and updated read recent TenantScreeningUSA.com press release: Tenant Screening 101 – A Review

Filed Under: Tenant Screening

Employment Screening Review – Time to Reevaluate Background Screening Policies

December 1, 2016 By

The year 2016 so far has experienced many changes in the background screening industry due to new laws and regulations affecting the use of criminal background records in the employment screening process.  With new ban-the-box laws being implemented in many States and the recent legalization of recreational marijuana it is time for US employers to review their existing hiring practices and make any necessary updates in order to remain compliant with this new legal environment.  Of course, the best way to go about this process is to work with a professional background screening company which can assist greatly in creating a compliant employment screening policy and of course can supply the background reports required in making sound hiring decisions.

The use of public records, specifically consumer credit reports, is regulated by the Fair Credit Reporting Act (FCRA) and is enforced principally by the US Federal Trade Commission and the Consumer Financial Protection Bureau. The use of other reports, such as criminal background records, is protected and enforced by the Equal Employment Opportunity Commission under the authority of the Civil Rights Act of 1964 including its various updates and expansions.  During the course of 2016 we have seen new initiatives by these entities and a better understanding shown through guidance’s and legal action against organizations demonstrating discriminatory practices in their hiring process.

Proposition 64 in California passed and now recreational marijuana use is legal.  Additionally and maybe of more importance is the affect this law will have on individuals with previous marijuana related criminal records.  The new law goes as far as releasing currently incarcerated offenders convicted of low level, non-violent marijuana related crimes and this will have an impact on employment screening polices in California and other States who also recently passed similar laws.

The Los Angeles Times paraphrases Proposition 64 neatly in the passage below:

From LATimes.com (Oct. 30, 16):

The initiative would allow Californians to possess, transport and use up to an ounce of marijuana for recreational purposes, and would allow people to grow as many as six plants. The measure would also impose a 15% tax on retail sales of the drug.  latimes.com/politics/la-pol-sac-proposition-64-marijuana-legalization-qa-20161030-snap-20161029-story.html

Beyond legalizing recreational use of marijuana for adults, Proposition 64 provides for the release of criminals convicted of non-violent related crimes.

From Forbes.com (Nov. 11, 16):

“While the economic benefits of fully legalizing marijuana for adults has been clearly articulated, I believe that one of the greatest social impacts that hasn’t been publicized enough is that non-violent criminals who are in prison because of activities associated with cannabis will be released,” said Derek Peterson of Terra Tech Corp.. “Not only will this save the state taxpayer dollars, but it will allow these people a second chance to be productive members of society.”  forbes.com/sites/debraborchardt/2016/11/07/could-californias-marijuana-law-affect-the-entire-country/print/

Changes from Proposition 64 will be immediate and impact a great many people currently in the system as well as those awaiting trial and/or final disposition.

From the Orange County Register (OCRegister.com, Nov. 4, 16):

Since Prop. 64 would reduce penalties retroactively, anyone who’s been convicted of a marijuana-related misdemeanor or felony in California could petition to have their sentences reduced or their records expunged…And some people with pending marijuana charges could see them automatically dropped or downgraded.  ocregister.com/articles/marijuana-734244-prop-drug.html

In the end any legal action that affects existing law will immediately impact employment screening.  Employers will have to be more cautious with their use of criminal background checks as part of pre-employment background screening.  Just as Ban-the-Box legislation has caused some confusion in background screening, passage of Proposition 64, as well as similar ballot measures across the country, highlights the urgent and immediate need for all employers to work with a well-qualified third-party background screening agency in order to continually maintain compliance with law and accepted legal practice in the use of public documents used in background screening.

With all the new laws of 2016 now is the time for employers to work with professional background screening companies in order to review and most likely make updates to current employment screening policies to reflect the new legal landscape and maintain compliance.  Laws like ban-the-box and the legalization of marijuana in many States are breaking down the barriers of employment for individuals with criminal records making it easier for them to get a job and subsequently become productive members of society.  This will also take a huge burden off the judicial system and law enforcement and should save taxpayers money.  However, criminal background checks and other background reports will still remain in use for employers to gain a full understanding of prospective employees.  The difference now is that many of them cannot ask applicants right away if they have a criminal record and cannot use non-violent marijuana related crimes as crimes anymore and that will make a difference in the hiring process.

To learn more about why now is a good time for employers to review employment screening policies and how new laws like proposition 64 will effect background screening and what is considered a criminal record verse what is now being decriminalized read the recent CriminalBackgroundRecords.com press release here.

Filed Under: background screening

Registered Sex Offenders and Housing

November 11, 2016 By

Even with the recent guidance from the Department of Housing and Urban Development (HUD) on the use of criminal background records in the tenant screening process it still appears to be completely up to the landlord on whether or not to rent an apartment to a registered sex offender.

Modern day tenant background checks usually search for sex offender records as well as other criminal records in addition to reference checks and verifications.  Currently if a landlord or property manager discovers a sex offender record on an applicant prior to leasing it is up to them as to whether or not they reject the applicant based on this finding.  Of course it is important to note that any background vetting process leading to a leasing decision be fair and consistent.  It is not wise to make exceptions, for example if you reject someone based on a sex offense then you should reject every applicant with that same offense as consistency is key to compliance and something that HUD looks into.

In order for a landlord, property manager or apartment management company to stay compliant with HUD, the Fair Housing Act (FHA) and the Fair Credit Reporting Act (FCRA) and other laws governing the apartment industry / multi-family industry a clear tenant selection system should be in place allowing all leasing decisions to be determined the same way.  Inconsistency in the tenant selection process can potentially lead to a fair housing lawsuit as inconsistencies often are forms of discrimination.  It is highly advised that all tenant screening policies have a clear list of rejectionable offenses.  As long as ALL potential tenants are treated the same way when it comes to rejection of lease the chance for discrimination is greatly reduced and potential legal risks mitigated.

While the tenant selection process can sometimes be a challenge it helps greatly if a landlord uses a professional tenant screening company to supply the necessary background reports that give a more accurate picture of the viability of an applicant.  Modern tenant screening companies provide fast, accurate, in-depth information at a low cost giving landlords the ability to make a more informed leasing decision.

If a sex offender record is found in the tenant vetting process the landlord has to consider the safety of the neighborhood the apartment resides in and if families with children are in the same apartment complex or near by a decision to decline the applicant is entirely sound and justified and so far there is no law that requires a landlord to rent to sex offenders.  The severity of a crime may be a guide for a landlord, however protecting existing tenants (especially families with young children) is of equal or perhaps higher consideration.

It is important that a landlord use a tenant background check the right way and in an intelligent way.  Having a rejectionable offense list as part of a background screening policy helps landlords make leasing decisions that are consistent and aid in the preservation of the safety of their community.  Knowing which type of sex offenses a landlord will accept and those they won’t is very important to maintaining a legally compliant apartment rental business as well as protecting at-risk populations within an apartment complex or neighborhood.

To learn more about registered sex offenders and how these records can be used in the housing industry and why consistency is key to a non-discriminatory tenant selection process read recent TenantScreeningUSA.com press release.

Filed Under: Uncategorized

California Leads Way in Banning Use of Juvenile Criminal Records

November 2, 2016 By

Governor Jerry Brown of California in September 2016 signed AB 1843 into law.  This new law prohibits employers from using certain juvenile criminal records as part of the pre-employment screening process.  California is leading the way in protecting individual’s rights and giving young adults a better chance at achieving gainful employment by disregarding the juvenile offenses of their youth.

The new California statewide law amends the labor code by broadening the types of criminal background records that employers cannot use or have access to when evaluating whether or not to hire an employee.  The law prohibits employers in California from inquiring about an applicant’s previous juvenile criminal record history making sure the employer cannot even consider certain juvenile criminal records as part of a hiring process.  This holds true if the jurisdiction the criminal record was created in was a juvenile court and the criminal records apart of a person’s juvenile offense history.  Under these conditions the juvenile records become off limits to employers when performing employment background checks on potential job applicants.

California Law AB 1843 updates the labor code in regards to the use of juvenile criminal records in the employment screening process.

From SHRM.com, the leading Human Resources industry group (posted Oct. 04, 16):

A.B. 1843 amends the labor code to broaden the types of “off limits” information that employers may not consider by prohibiting employers from inquiring about and considering information concerning or related to “an arrest, detention, process, diversion, supervision, adjudication, or court disposition” that occurred while the applicant or employee was subject to the process and jurisdiction of a juvenile court (juvenile offense history).

The bill also excludes from the labor code’s definition of “conviction” an adjudication by a juvenile court or any other court order or action taken with respect to a person who is under the process and jurisdiction of a juvenile court.  shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/california-juvenile-records-.aspx

As new employment screening laws like ban-the-box and 1843 are enacted across the USA employers need to partner with a professional background screening company to help them become or remain compliant with all State and Federal laws governing the use of criminal records in the employment screening process.  The FCRA (Fair Credit Reporting Act), EEOC (Equal Employment Opportunity Commission) and now State Laws outlining the proper use of performing criminal background checks as part of a pre-employment background check come into law it makes since to work with a professional background screening company to stay legally compliant.

As employers begin to take notice of these new laws they need to complimentary make all necessary changes to their existing employment screening practices to stay current with an ever evolving legal structure.  By prohibiting the use of juvenile criminal records from being considered in the hiring process California has made it easier for individuals with a juvenile criminal past to get a job.  This new law is in line with a bigger national movement aimed at making it easier for all individuals with a criminal past to achieve gainful employment and then hopefully to avoid recidivism.

To learn more about the new California Law A.B. 1843 and how it aims to prevent employers from using juvenile criminal records in their consideration for employment and how laws in the USA are changing in favor of individuals with criminal pasts read recent CriminalBackgroundRecords.com press release.

Filed Under: background checks

Current Challenges Facing New Landlords

October 24, 2016 By

With opportunities arising in off campus student housing and other forms of new apartment growth, new landlords have entered the market.  However, landlords and property managers new to the business need to understand the language of the apartment rental business.  One such term that needs to be understood is “unlawful detainer” and of course “eviction”.  These two phrases are often used interchangeably however they are different.

Unlawful Detainer, in regards to tenant screening, can be defined as:

“The term unlawful detainer ordinarily refers to the conduct of a tenant who is in possession of an apartment or leased property and refuses to leave the premises upon the expiration or termination of the lease.”                                              legal-dictionary.thefreedictionary.com/Unlawful+Detainer

In short Unlawful Detainer is a legal action landlords use to evict a tenant.  While the term Eviction means to actually expel a tenant from their apartment by legal process.

Unlawful Detainer action in the courts can be complicated and confusing for newer landlords.  The eviction process as a whole is time consuming and expensive.  A best practice is to utilize a third-party tenant screening company in order to help prevent the potential of eviction.

As a tool for landlords Unlawful Detainer can be effective.  It can also be used if certain laws are broken.

From the California Department of Consumer Affairs webpage (dca.ca.gov):

(1)   Recent laws designed to abate drug dealing and unlawful use, manufacture, or possession of weapons and ammunition, permit a city attorney or prosecutor in selected jurisdictions to file an unlawful detainer action against a tenant based on an arrest report (or other action or report by law enforcement or regulatory agencies) if the landlord fails to evict the tenant after 30 days’ notice from the city. The tenant must be notified of the nature of the action and possible defenses.

Dealing with the legal aspect of renting apartment units a landlord must understand the rules and how tenant laws apply to their leasing agreements.  They also need to find a professional tenant screening company to help them properly vet new applicants before handing over the keys to a new tenant.

Rental applications should be very clear and very uniform among potential renters.  Special care should be taken in regards to specific questions asked on applications.  Recently the Department of Housing and Urban Development put out a guidance regarding the legal and lawful use of Criminal Background Records during the application process.  New landlords are tasked to learn the laws pertaining to their business including how and when to perform criminal background checks in the tenant screening process.

Starting with the tenant selection process or application process to conducting tenant background checks to signing a lease and then possibly having to file for eviction can be a complex set of tasks for a new landlord.  Having an attorney help spell out laws and responsibilities of being a landlord is important along with how unlawful detainers work and the process of actually evicting a bad tenant including due process and court costs.  Again, new landlords and property managers should partner with a professional tenant screening company to help them accept good tenants and avoid bad ones.  Tenant background reports that should be utilized in this process are criminal background checks, SSN Traces, credit reports, credit score, employment verification, personal and professional reference checks and most importantly eviction checks.

To learn more about the current challenges of new landlords in the USA and what they need to know in order to be proficient in the apartment rental industry and most especially how to properly conduct thorough tenant background checks read recent TenantScreeningUSA.com press release: http://tenantscreeningusa.com/tenant-screening-news/unlawful-detainers-at-the-center-of-landlordproperty-manager-challenges/

Filed Under: Uncategorized

Ban-the-Box Struggles Continue

October 14, 2016 By

Since “Ban-the Box” legislation has been adopted in some States and Jurisdictions a recent study shows that it may not be having the impact it was designed for.  This legislation which removes the check box on job applications that asks if the applicant has a criminal history might be having a reverse effect making it detrimental to minorities most specifically black people.

Under such legislation employers need to wait until a conditional offer is made before being allowed to perform criminal background checks.  However recent studies show that Blacks are not even getting to the point in the pre-employment screening process where a conditional offer would be made, and instead are being discriminated against.

The United States already has the highest incarceration rates in the world and needs legislation that helps minorities achieve gainful employment.  Up until recently it was widely believed that ban-the-box legislation would help minorities gain employment by removing the criminal history question on the application form, and then in turn would create a level playing field in the employment hiring process.  This philosophy has now been criticized due to new evidence uncovered in a recent study.

From the Nation Law Review (NatLawReview.com, Sep 09, 16):

New research by Amanda Agan, a Princeton economist, and Sonja Starr, a legal scholar at the University of Michigan, suggests that, at least in some cases, “ban the box” rules may result in the use of race as a proxy for criminal history. This may increase racial disparity in hiring– even in the absence of criminal histories. (1)

Troubling conclusions came from this research.

The racial gap in callbacks before the ban the box laws was 7% at companies that asked applicants about criminal history. After the laws were enacted, it went up to 45%, suggesting that black applicants were presumed to have a criminal past if the prospective employer was not permitted to inquire. (2)

Reaction to the claims stated in the Agan/Starr research study was swift.  Here is an excerpt:

From theAmsterdamNews.com (Aug. 18, 16):

NELP’s analysis reviewed the two studies in question and came to several conclusions: the core problems that were raised in the two studies has nothing to do with ban-the-box polices, but with racism that’s entrenched in the hiring process where Blacks are negatively profiled; the studies don’t support its own conclusions about ban-the-box being a detriment to Blacks looking for a job; the studies highlight the needs for more policies that deal with race discrimination in hiring and boost jobs opportunities for people with records; and ban-the-box has worked by changing some employers attitudes about applicants with records. (2)

Criminal background records can severely impact an individual attempting to reintegrate back into society. Many suggest that without gainful employment recidivism is more likely to occur.  Criminal history reports can indicate past offenses and sentencing information.  While certain State laws protect how far back in time a criminal record can be used the mere mention of a criminal record can become a limiting factor in fair access to employment.  Both the Equal Employment Opportunity Commission and the Department of Housing and Urban Development are tasked with enforcing laws governing the fair and equal use of criminal histories.  Along with the broad reach of the Fair Credit Reporting Act, criminal history information as used in the employment screening process is being scrutinized.  At this point in time it is clear that more needs to be done to eliminate surface racism on the parts of many employers who were willing to discard black applications simply because of race when they were not permitted to inquire about criminal history anymore.  As ban-the-box legislation is being implemented throughout the country, time will eventually tell if it is going to achieve its end in making it easier for Americans with a criminal record to get a job or not.

To read more regarding the recent criticism of ban-the-box legislation and the pros and cons of the legislation and how real life implementation has raised questions about the effectiveness of ban-the-box type laws and what that could mean for minorities read recent CriminalBackgroundRecords.com press release.

Filed Under: background checks
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