Ban-the-Box limits the use of Criminal History Records as part of pre-employment background screening, a legal trend that begin 20 plus years ago and now encompasses hundreds of municipalities and states across the country, and is set to make another appearance in tenant screening law via Montgomery County. Rental applications have long been ripe for Ban-the-Box legislation, one that would remove the question of criminal history on an application, and legislate when and if that question could be asked, thus furthering the challenges landlords face when vetting new tenants.
The fair and legal use of Criminal Record History continue to come into question as a part of pre-employment background screening and Ban-the-Box, the question of criminal history on an application of employment, has rapidly spread across the country. The idea of banning the box on rental applications could potentially grow in popularity especially as Ban-the-Box laws continue to spread in the workplace.
Montgomery County, just outside of Washington DC in Maryland, is looking into legislation that would ban landlords from reviewing criminal history for certain types of criminal background records, thereby radically changing how a landlord may vet an applicant.
From Greater Washington’s website on December 16, 2020:
Montgomery County Council is considering a bill that would prohibit landlords from considering some types of criminal records in rental applications. The bill is meant to curb discrimination that disproportionately affects renters of color. ggwash.org/view/79893/montgomery-county-could-ban-the-box-for-rental-housing-applications
Previously, in Oakland, California, an ordinance The Oakland Fair Chance Housing Ordinance gave hope to citizens of that city that have a criminal history.
From US News & World Report on February 18, 2020:
On Feb. 4, Oakland’s City Council passed a new ordinance designed as a remedy, prohibiting public and private landlords from inquiring about potential tenants’ criminal histories. The new law, called the Oakland Fair Chance Housing Ordinance, is the most expansive of its kind in California and among the first for major American cities. Decades after the start of the “ban the box” movement, which aims to stop employers from discriminating against the formerly incarcerated, proponents hope it will also act as a new catalyst in the battle to secure equal opportunity for the more than 70 million Americans burdened by criminal records. usnews.com/news/cities/articles/2020-02-18/to-aid-ex-convicts-oakland-california-bans-criminal-background-checks-on-renters
The Montgomery County Ordinance could be the blueprint for future ordinances of this kind.
From Greater Washington’s website on December 16, 2020:
The bill would prohibit landlords in Montgomery County from conducting criminal background checks on potential renters until making a conditional offer. After that initial offer, landlords could look into tenants’ backgrounds, but it would then ban them from considering certain arrests and misdemeanors, including:
- Arrests that didn’t result in a conviction
- Trespassing, misdemeanor theft, indecent exposure, public urination, and open container violations
- Misdemeanor possession of marijuana
- Other misdemeanors if two years have passed since the date of conviction and the end of incarceration ggwash.org/view/79893/montgomery-county-could-ban-the-box-for-rental-housing-applications
Landlords and/or property managers should conform to the best practice of working with a well-qualified third-party tenant screening agency in order to be kept aware of growing trends in tenant screening like what can be asked on a rental application as well as other potential changes to law.
To learn more about why landlords and property managers should continue to pay attention to new ban-the-box laws appearing in this country that affect what can be asked on a rental application pertaining to criminal history read recent TenantScreeningUSA.com press release: Is Change Coming to Rental Housing Applications? Maybe; Opines TenantScreeningUSA.com