Despite numerous headlines regarding the financial and physical abuse of the elderly in this country the acts continue and the elderly continue to suffer.  The population of the USA continues to age and that means more care is needed for the elderly.  This vulnerable part of the population is comprised of baby boomers and Vietnam Veterans, people who have worked hard to keep our economy going and have risked their lives to protect this county with their service.  It is now time to protect them and that starts with hiring caregivers who have passed a thorough background check that includes a criminal background check, sex offender check, social security validation with address history check and reference checks including an in-person interview.

Caring for and defending the United States at-risk populations is a critical aspect of modern society and thorough employment screening is an essential tool that must be utilized during the caregiver vetting process.  Background checks are generally based on public records, verifications and references and, subsequently provide an immediate and unique snapshot of an individual’s past.  Potentially uncovering a criminal history that could be devastating if hired and left unsupervised with the elderly.

Challenges continue to exist for at-risk populations, specifically the elderly, and examples continue to appear on the headlines almost daily.

A recent investigation in New York State revealed that several employees of a nursing facility had been convicted of felonies prior to being hired to work with the elderly.

An expert commented on the situation on August 4, 2017 in a WKBW report (WKBW.com; Aug 04, 17):

“Nurses, and especially people working in nursing home facilities, are working with some of the most vulnerable of our population,” … “We’re talking about elderly people, people with dementia, people with memory issues, people who are most susceptible to economic crimes and to physical abuse, and people who cannot necessarily speak up for themselves because they’re in this vulnerable position in a nursing home.”  wkbw.com/longform/7-eyewitness-news-investigates-criminal-caregivers

It is critical that hiring managers for caregiver facilities work with third-party pre-employment background screening agencies in order to remain fully compliant with existing laws on a local, state, and federal level.  As caregiver facilities operate under a variety of laws governed by a variety of difference agencies.  In order to help protect the elderly from malfeasant individuals thorough vetting of all potential caregivers should be mandatory before allowing them unsupervised access to the elderly.

In Illinois local police arrested a caregiver on felony charges.

From the Daily Herald (dailyherald.com; Apr. 17, 17):

A Wauconda woman is facing multiple felony charges alleging she stole from a Barrington senior she was hired to care for, police said Monday.  dailyherald.com/news/20170417/caregiver-charged-with-stealing-from-barrington-woman

Based on the story in the Daily Herald this is not the first time this individual had been arrested of allegations of theft against the elderly.  A perfect example of how a professional background check could have prevented a second attack against the elderly.

The Daily Herald states that “this is the second time {the defendant} has been arrested on charges she stole from people she was hired to care for. In May 2016, she was charged with aggravated identity theft, unlawful possession of a credit card and theft from a senior living community in Barrington…” ibid…

The headlines keep on rolling…  An elderly man in Tacoma, Washington was allegedly robbed of his savings by a caregiver as he lay on his deathbed.

From KOMONEWS (komonews.com; no date given):

A Tacoma man on his deathbed, desperate to make the most of his final days became the target of a caregiver hired to ease his family’s burden.  komonews.com/news/local/tacoma-family-accuses-caregiver-of-charging-thousands-of-dollars-to-their-bank-account

Professional high-quality employment background checks on all prospective caregivers should be an absolute must.  A thorough background check can include public records such as criminal history records, department of motor vehicles check, consumer credit report, social security number trace as well as reference checks on education and previous employment.  An in-person interview to discuss a potential caregiver’s resume can also reveal any lies or misstatements of fact.  Background screening for this purpose should be outsourced to a well-qualified employment screening company, one well versed in all aspects of employment law and has access to current, thorough and accurate background reports.

The mission to protect the elderly should be embraced by all citizens of the USA from coast to coast and mandating professional background screening of all caregivers prior to hiring is a huge step in that direction.

To read more about why caregiver background checks still remain critical in the USA and how thorough background checks can help prevent abuse to the elderly read recent CriminalBackgroundRecords.com press release:  http://www.criminalbackgroundrecords.com/news/2017-08-09-Caregiver-Background-Checks-Remain-Critical-in-the-Care-of-At-Risk-Populations.html

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.

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.

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.

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/

In a country wide initiative to reduce and possibly eliminate discrimination in the employment screening process companies and organizations need to understand new laws and regulations governing the use of criminal background records in the hiring process.  Currently ban-the-box legislation has been adopted by cities, counties and states and in itself eliminates the job application question asking if the person has a criminal history.

The Equal Employment Opportunity Commission (EEOC) goes even a step further than ban-the-box and looks into disparate impact a form of discrimination that on the surface appears non-discriminatory but in the big picture discriminates certain classes of people like minorities.  With ban-the-box being adopted all over the country, the EEOC aggressively going after companies and organizations for their discriminatory hiring practices and with the Fair Credit Reporting Act (FCRA) guiding the use of criminal records and/or consumer reports in the employment screening process it can get very confusing for companies and organizations to remain compliant with all of it.

In this current employment screening arena it is now a good time for companies and organizations to utilize the services provided by professional third party background screening companies.  These companies take it upon themselves to be up to date with all laws governing the employment screening arena.  They can also assist companies and organizations with staying compliant with all relevant laws and even provide documents to their customers to help make sure they are conducting their employment screening process legally.  Such documents include “What Employers Should Know About Federal Laws”, “A Summary of Your Rights Under the FCRA” “Sample Authorization and Employee Release Form” and “Sample Pre-Adverse and Adverse Action Letter”.  These documents and others ensure that companies and organizations are using the most up to date documents and forms needed to properly go about the hiring process.

Employment background checks continue to be scrutinized all over the country and it is a two way street where some are onboard with the legal landscape changing in regards to the use of criminal records in the employment screening process while others are not.  Many companies and organizations do not want to change the way they go about hiring new employees, and others that don’t mind still find it very confusing as to what is appropriate and what is not.  In the end the best practice for companies and organizations is to use a professional third party background screening company to conduct thorough criminal background checks on their behalf as well as educating them on issues concerning employment screening and providing them with up to date legal documents that must be used during the hiring process.

To read more regarding the continuing scrutiny of criminal background records in the pre-employment background screening process read recent CriminalBackgroundRecords.com press release here.

Most people understand the need for background screening including criminal background checks for tenant and employment screening purposes.  However, performing background checks on contractors is often over looked.  Every day there are contractors entering people’s homes and sometimes completely unsupervised.  Often time’s homeowners assume the contractor(s) have already been properly vetted before being sent into their home.  Unfortunately this is not always the case and even if a company advertises that their employees/contractors have all undergone a criminal background check they may have not.  A recent news story shows that even when a company states they have background checked their employees/contractors a malfeasant contractor can still slip through the cracks.

Recently posted on the CBC News site describes a couple in St. John’s that hired a moving company in New Brunswick.  The company advertised that they have a policy of performing background checks on their employees.  However, they ended up hiring someone with a criminal record to help do the job.  Oftentimes it makes sense for a person to ask for proof that the contractor in question has undergone a thorough vetting process.  And if they can’t get a copy of the criminal background check report then they can always use a third party background screening company to conduct the search on their behalf.

Hiring a contractor is almost essential for most families as the need for a plumber, electrician, carpenter or other specialist will inevitably arise.  This is unavoidable for most families which is why checking if the contractor has a license and has been fully vetted is paramount.  Employing a licensed professional is very important as that alone will reduce the risks involved in hiring a contractor into a home.  Getting a contractor that has an official license and has been thoroughly background checked is the clear choice in protecting person and property.

Criminal background checks can discover a criminal past which, subsequently may inform to potential future behavior of an individual.  Thorough background checks help provide a safeguard insomuch that they create a barrier to potential misbehavior.  If an individual has a criminal history they should expect it to be discovered during a background check.

It is imperative to perform a thorough background check on any contractor or at least review a background check report already furnished on the contractor before granting them access to the home. This is most especially important for contractors that will have unsupervised time in the home.  Making sure contractors coming to the home have a license and have been properly background checked helps give peace of mind to the home owners and also greatly reduces the risks associated with bringing strangers into the home.

To read more regarding the importance of properly background screening contractors especially those with access to the home view recent CriminalBackgroundRecords.com press release.

Evicting tenants can be the most difficult task a landlord or property manager has to deal with in regards to renting an apartment.  Depending on where the tenant lives the rules for eviction can differ remarkably.  Some States are pro tenant and some states favor the landlord.  However, one measure a landlord or property owner can take to mitigate the risks of leasing a unit is to pull an eviction record check on potential tenants before signing a lease.  If a previous eviction is found than declining the applicant becomes easy.  An eviction record is the single most important piece of information derived in the tenant screening process.

A previous eviction record is even a greater deal buster than bad credit.  Some landlords, especially those renting out lower grade apartments like “C” level units are willing to work with potential tenants that have bad credit, but no landlord wants a tenant that has been previously evicted.  The eviction process can be complicated, require a substantial amount of effort and can be costly.  The costs can go even higher if a bad tenant causes significant damage to the apartment before being forced to leave.

Many landlords and property managers do not even check for previous evictions and get by with pulling just credit and criminal history.  This is a big mistake as leasing to a previously evicted tenant implies a much greater risk of recidivism.  The cost of an eviction check is usually around $20, a small amount when compared to the costs of a bad tenant.

For those landlords that do perform eviction checks, they should work with a professional third party tenant screening company to help them get the most current, complete and accurate eviction reports.  Recently a woman moving to Washington State discovered she failed an evictions check even though she had never been legally evicted.  When she applied for an apartment the tenant background check screening rejected her for having a landlord/tenant court record.  Occasionally some landlords assume these type of records are in fact an eviction.  However, in this case and in many others the woman was never evicted.  These tenant/landlord court records may not reflect convictions and are often times resolved without any additional court action.  In these cases a third party tenant screening company can assist landlords and property managers get and understand the results they receive so they don’t reject applicants based on court filings that never ended in conviction or eviction.

To learn more about the complexities of evictions and the important role they play in the tenant screening process read recent TenantScreeningUSA.com press release.

A recent movement in the United Kingdom is attempting to legally require landlords and property managers to deny rental property to illegal immigrants through the tenant screening process.  This practice remains illegal in the United States, but this movement in the UK should be watched closely.  The new law if passed would make it a criminal offense to rent out an apartment to an illegal immigrant.  The new measure would force landlords and property managers to conduct extra tenant background checks to verify immigration status.  The current debate in the UK has become highly contentious.

Not everyone in the UK wants this measure to pass including the Labour party that stated such a law if passed would lead to widespread discrimination.

From TheExpressAndStar.com (Oct 11, 15):

According to the Joint Council for the Welfare of Immigrants, more than 40% of landlords who took part in the pilot said the scheme had made them less likely to rent a property to someone who did not have a British passport, while more than a quarter said they were reluctant to engage with people with foreign names or accents.

Ultimately a new law making it illegal to rent property to illegal immigrants could become a human rights issue.  Not only would landlords, leasing agents and property managers be required to confirm immigration status, the potential for bias and/or disparate impact becomes significant.  The challenges to such a potential law in the UK are numerous.  “The Equality and Human Rights Commission is reported to have warned MPs ahead of a reading of the Immigration Bill in the House of Commons that the Right to Rent proposals which may ultimately lead to the fast-tracked eviction of illegal immigrants and their children risk breaching human rights law.”

{Partial Excerpt from LettingAgentToday.co.uk (Oct. 13, 15)}

With this issue becoming a priority discussion going on now in Britain it is quite realistic to believe such a measure could soon be debated in the US Congress.  Especially after the recent terror attacks in Paris, France, more countries are going to be taking a deeper look into the people living in their country and their immigration policies.

To learn more about how checking immigration status through the tenant screening process via a potential new law in the UK raises many challenges and how that debate could end up in the US Congress read recent TenantScreeningUSA.com press release.