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}