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/

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/

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/

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}

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

Recent trends in College student housing show a transition from traditional dormitories to upscale off-campus apartments and luxurious housing projects.  With these new student housing options many students will prefer the off-campus apartment life over living on campus in a dormitory.  College enrollments have boomed over the past few decades causing off-campus student housing to boom as well.  This also effects the private sector in regards to building contractors and developers.  New student housing projects has become big business.  However, these new landlords and property owners need to vet these new applicants in a similar way to traditional apartment renting.

From Bloomberg.com (Aug. 01, 16):

The long-term theme is that college enrollment has boomed over the past few decades, and investment in new on-campus dorms hasn’t come close to keeping up. In the short term, the shares are likely rising because investors are looking to hedge against the possibility of a U.S. recession.

“In an environment of striking political and economic uncertainty, public investors are ascribing value to [the] certainty of cash flows in student housing,” said Ryan Burke, an analyst at Green Street Advisors. “In [the] young life of purpose-built student housing, it’s performed really well in good and bad times.”  bloomberg.com/news/articles/2016-08-01/these-landlords-are-making-a-killing-on-college-students

A through tenant background check on a student looking for off-campus housing needs to include a credit check (new students may not have a well-established credit history but still worth checking), a criminal background check, and probably most importantly reference checks.  Also for further security it might also make sense to require a qualified guarantor, first and last month rent and/or a security deposit.  A College student presents a larger risk when it comes to property damage.  The reason for a thorough tenant screening system both for traditional apartment lending and student housing rentals is the same it is risk mitigation.

With new student housing projects on the rise and more and more students enrolling in College new developers may not have a solid tenant screening policy in place or due to higher than expected costs may skip the vetting process altogether. This of course would be a huge mistake and could open the door to property damage, reputation loss and even eviction which can be a costly endeavor.

Landlords and property managers of new and old student housing units would be wise to partner with a professional tenant screening company and perform due diligence on all student applicants a process that greatly reduces risk and of course helps secure profits.  Tenant background checks can now be performed very quickly, efficiently and in a cost effective manner.  Spending a small amount of money on a thorough vetting process helps save lots of money in the long run.

To learn more about recent trends in student housing along with why tenant screening still plays an enormous roll in the apartment rental process read recent TenantScreeningUSA.com press release.

Tenant screening and employment screening are obvious areas where background checks are essential, however self-storage unit rentals is another area yet mostly overlooked.  There are certainly other areas where background screening can prove very useful.  It is important to note that regardless of who or why background checks are utilized they need to be performed in compliance with local, State and Federal Laws most particularly the Fair Credit Reporting Act (FCRA).  A professional third-party background screening or tenant screening company would be a best practice for self-storage facilities.

One area where background screening may not seem readily present is with the rental of self-storage units.

From insideselfstorage.com:

In fact, the easiest way to get around your security is to become a tenant. This may be shocking, but if you think about it, it’s quite brilliant. A thief who’s a tenant has easy access to units and can literally walk right past you without causing a doubt in your mind. You might have a break-in every month, increase security accordingly, and never know the burglar was right under your nose the whole time.

What’s even worse is these crimes won’t just cost you time and money; they’ll cost you customers and your company’s reputation as well.  (insideselfstorage.com/articles/2016/06/screening-your-selfstorage-tenants-preventing-internal-threats-to-your-business.aspx)

Reports used in tenant screening that could be applied to self-storage rentals are credit reports, eviction record checks, criminal background checks and personal and professional reference checks.  Criminal history records has come into question in recent history and highlights the need for self-storage landlords to work with a professional background screening company to help them create an effective and compliant background screening policy.  The company can also provide all the necessary tenant background checks to help make it easy for the landlord to make intelligent, well informed decisions thus decreasing their level of risk.

From insideselfstorage.com:

The best thing you can do is initiate strict tenant-screening practices that include background, credit and rental-history checks.  (insideselfstorage.com/articles/2016/06/screening-your-selfstorage-tenants-preventing-internal-threats-to-your-business.aspx)

Ultimately background checks used for employment or tenant screening or related service like self-storage rentals is about mitigating risk.  Critical background check tools utilized in background screening can be customized for specific industries or areas including self-storage rentals.  Professional tenant screening companies can help property managers in charge of rental units small and large and can also help self-storage landlords protect themselves, their other customers and ultimately the community.

To learn more about how implementing a thorough background screening policy as well as working with a professional tenant screening company can help thwart dangers presented by self-storage renters read recent TenantScreeningUSA.com press release:  http://tenantscreeningusa.com/tenant-screening-news/recent-thefts-at-self-storage-units-highlight-need-to-think-outside-the-box-with-background-screening/

With a hot short term rental market instead of selling a home to purchase a new home people are now considering converting their first home into a rental property.  The increase of short term rentals ranging from a one week rental to a month long rental makes it very appealing for new multi-home owners to enter the rental marketplace.  Additionally landlords and property managers who have been in the long term rental market for a long time are now changing to accommodate the growing short term vacation rental market.  The reason is clear, revenues per week are much higher for short term rentals compared to long term rentals.  Concentrating on short term rentals in a hot market is a smart idea but only if short term renters go through the same tenant screening process as long term renters.

From the Wall Street Journal (wsj.com; Mar. 17, 16):

The robust monthly market has encouraged landlords who used to rent long term to concentrate on short-term rentals.  wsj.com/articles/malibus-summer-rental-market-booms-1458223281

Even if the location of the rental property isn’t in the most ideal rental market, it only takes a surplus of potential renters combined with a shortage of rental units to create a viable rental market.  However, renting out a property for short term rental should not be taken blindly or lightly.  Many times new landlords or property managers without much experience with short term rentals have the tendency to skip the tenant screening process simply because it is a short term rental.  This is a big mistake and an oversight that could be a financial disaster or create a situation where a property is destroyed rendering it unrentable until a full renovation is made.  It may seem like easy money on the surface but short term renters pose just as great of a risk as long term renters, perhaps even larger.

Enter risk mitigation the key to successful rental relationships either short term or long term.  The best method of mitigating risk is to perform thorough tenant background checks on all potential renters.  Understanding the past behavior of a rental applicant is critical in determining viability as a good tenant.

From realestate.usnews.com (Feb. 24, 16)

It’s important to screen tenants, collect a damage deposit and have a strong rental agreement in place, as well as the proper insurance, to protect your home from damage.  realestate.usnews.com/real-estate/articles/what-to-know-before-renting-out-your-vacation-home/

The most important background reports to obtain during the tenant evaluation process is credit report, eviction records report, criminal background checks and reference checks.  A credit report will reveal the financial ability of a prospective tenant to pay the rent while an eviction search will discover if the applicant has ever been evicted from a previous property (this report alone can single handedly disqualify a rental applicant).  A criminal background check will search court records and show any felony convictions, sex offender records and sometimes misdemeanors and traffic infractions.  The use of criminal history information for tenant screening purposes has been changing but legally at some point in the tenant screening process it is allowed usually going back around 7 years.  Finally conducting personal and professional reference checks on a potential tenant will reveal personality, trust worthiness and professional relationships.

To learn more about how the hot vacation rental market is prompting new home owners to rent out their old homes for short periods of time and why previous long term rental properties are being converted to short term rentals along with why thorough tenant background checks should still be performed on short term potential renters read recent TenantScreeningUSA.com press release:  {Insert June TSUSA Press Release Link}

The Department of Housing and Urban Development (HUD) just last month released their new guidance governing the use of criminal history reports as part of a tenant background check.  They are trying to drastically limit the use of criminal background checks in the tenant screening process due to the potential of discrimination against certain protected classes.

From WestfairOnline.com (Apr. 14, 16):

The HUD Office of General Counsel (OGC) finds that because African-Americans are arrested and convicted in higher numbers compared to the general population, they suffer a disparate impact when landlords disqualify tenants solely on the basis of arrests or felony convictions.

In some cases, primarily in the public housing area, exceptions remain regarding the use of criminal history records.

From Lexology.com (Apr. 29, 16):

HUD’s regulations require a criminal background check of applicants for federally-assisted public housing and reject those having a household member who is currently using illegal drugs, has been previously evicted from federally-assisted public housing for drug-related criminal activity in the past three years, or is a registered sex offender. State and federal regulations also list other prior criminal activity that may, but is not required to, be disqualifying.

Pulling records from the sex offender registry for purposes of tenant screening in the private sector is not well defined, at least in regards to the new guidance. Sex offender records are very important and are approved for public housing tenant screening purposes.  However the potential for the lawful use of sex offender reports appears high for private sector tenant background checks.

The question of whether or not it is okay to utilize sex offender registry records in the tenant screening process is not very clear.  Plainly speaking a sex offender registry record is basically a criminal record report, which is prohibited by the new HUD guidance.  However, without specific inclusion it may be presumed lawful.  The vagueness of this detail highlights the need for a professional tenant screening company to conduct tenant background checks on behalf of landlords and property managers.

Professional tenant screening companies make it their priority to remain current in all laws governing the use of public records including criminal background records as part of a complete tenant check, including sex offender registry records.

From Washington Multi-Family Housing Association (www.wmfha.org; Apr. 14, 16):

Unfortunately, the HUD Guidance does not mention sex offenders or persons with convictions for terrorism.  We can only assume that this was an oversight and that landlords can still reject persons with sex offenses who are required to register as sex offenders under state law.

The span and scope of the new HUD guidance has not gone without criticism, especially in regards to clarity over the lawful use of sex offender registry records.

From an Op-Ed on GrantCountyBeat.com (Apr. 15, 16):

There is only one specific exception to the rule; those convicted of manufacturing or distributing illegal drugs. Why not sex offenders too? So if I decide that someone with a history of burglary or assault, maybe 2 or 3 convictions, is not eligible, because I want to protect my property and/or the neighbors, I now have to consider whether or not I’ll be accused of unfair discrimination and could potentially lose my property because I don’t have the cash to pay the fine.

Just how much of an impact the new HUD Guidance is going to have in the private housing market remains unknown.  At this point it appears that criminal background checks including sex offender registry checks will remain an option in the tenant screening process for the private sector.  However history has shown that rules, laws and governance enacted in the public sector tend to migrate over to the private sector.  The potential for the lawful use of sex offender reports appears high for private sector tenant background checks.  In the end the HUD Guidance is trying to move the housing industry away from blanket disqualifiers and instead recommends evaluating one tenant at a time and giving them a fair chance at renting.

To learn more about the new HUD Guidance and questions it raises such as the proper use of sex offender records in the tenant screening process read recent TenantScreeningUSA.com press release: http://tenantscreeningusa.com/tenant-screening-news/in-light-of-recent-guidance-from-hud-sex-offender-registry-checks-presumed-to-remain-lawful/