The next evolution of ban-the-box laws looks to emerge into the apartment rental industry. These laws in recent years have swept across the country when it comes to employment screening. But now the ban-the-box movement has made its way to the tenant screening arena.
Ban-the-box type regulations may impact Detroit rental applications and might be the first step in a wave of change that could significantly alter how the question of criminal history is handled in housing.
Changes in how applications are managed and what preliminary questions, such as ones concerning criminal history, are utilized has revolutionized the pre-employment hiring process in many municipalities across the country and, now, these changes may be coming to rental applications.
Change is a constant, and change continues to affect how criminal background records are used in application vetting. Pre-employment background screening, in some municipalities, employers are limited as to how they utilize criminal records as part of the vetting process. These Ban-the-Box laws are felt necessary to create a fairer hiring process by eliminating the potential of bias and discrimination from interfering with the process.
Viable housing goes a long way in defeating recidivism, as does gainful employment. Ban-the-box laws are designed to assist in creating a fair hiring environment. The same may hold true in the housing market.
From CaseyGrants.org (Oct. 14,19):
Nearly all rental applications ask about criminal records. According to the FBI, 73.5 million Americans have a criminal record – defined as having a felony arrest. Landlords are known to consider felony and misdemeanor convictions, charges and arrests. caseygrants.org/evn/desmond-meade-made-history-but-housing-is-still-out-of-reach/
And Detroit, Michigan may be leading the country in banning the question of criminal history on housing applications.
From the Detroit Free Press (Nov. 01, 19):
Giving more people a chance is the intention of a new ordinance in Detroit that “bans the box” asking about criminal history from most rental applications, preventing landlords from immediately disqualifying prospective tenants because of their convictions. freep.com/story/news/local/michigan/2019/11/01/detroit-rental-application-ordinance-criminal-records/3851517002/
A “Ban on the Box” in Detroit would affect a great many people and could create opportunity in housing for those that had been challenged with a criminal record.
From the Detroit Free Press (Nov. 01, 19):
Formerly incarcerated people are nearly 10 times more likely to be homeless than the general public, according to a 2018 report by the nonprofit Prison Policy Initiative. People of color, women, those incarcerated more than once, and people recently released from prison are the most impacted. ibid
Tenant screening should be done in a fair and equitable manner, one that does not discriminant
Ultimately a best practice remains for landlords and/or property managers to work with a well-qualified third-party tenant screening agency in order to remain fully compliant with existing law, as well as potential laws that could greatly affect tenant screening.
To learn more about the emergence of ban-the-box laws into the rental housing arena and how such new laws may affect how landlords and property managers can go about their tenant background screening read recent TenantScreeningUSA.com press release: Ban the Box on Rental Applications; the Next Evolution in Background Screening