The methods used in tenant screening are meant to mitigate risk within a rental community and with the landlord and/or owner of the rental unit. Through the tenant vetting process a landlord and/or property manager can gain valuable information on potential tenants prior to leasing, and, subsequently can mitigate the risks associated with the person, finance and the property itself.
In the current state of affairs in the USA with so many varying laws across the country in regards to proper and compliant apartment applicant selection practices; it is considered a best practice to work with a well-qualified third-party tenant screening agency in order to stay compliant with laws governing tenant screening and rental property.
Oftentimes jurisdictions have different laws governing rental properties.
It is very important that landlords and property managers work with a professional tenant screening agency in order to stay compliant, but also to avoid the potential of expensive legal action. Working with such an agency is a smart choice to help mitigate risk for the landlord/property manager during the vetting process of potential rental candidates.
The State of New York has rules governing where a Registered Sex Offender may reside. The law is designed to assist convicted sex offenders to reengage with society and acceptable housing is often considered a key in this reintegration.
From Law.com (Dec 13, 18):
In New York state, sex offenders are not obligated to inform anyone of their past. Rather, the onus is on local law enforcement to release information, where necessary, to the community and/or particularly vulnerable populations, including schools, nursing homes, day care centers, etc. Correction Law Article 6, §168-l. law.com/newyorklawjournal/2018/12/13/when-a-sex-offender-moves-in/
Laws can vary wildly from state to state, county to county, even city to city. Working with a professional tenant screening agency can greatly assist property managers remain compliant with law.
The sex offender registry is just one of the challenges faced by property managers and landlords. Another is with criminal record history.
Criminal history checks used as a part of tenant screening or any form of background screening process has become increasingly complicated in the last several years; another good reason to work with a tenant screening agency. Laws change rapidly and are often complex. Working with a professional third-party tenant screening agency can greatly reduce the challenge of understanding laws one is attempting to comply with.
In Seattle, WA a new law regarding the use of criminal records history has caused a stir and will continue to compound the challenges of tenant screening.
From Marketplace.com (Dec 30, 18):
But an unprecedented new city law — forbidding landlords from checking into potential renters’ criminal past — is very much in dispute and setting up a closely-watched court battle.
Landlords argue their free speech, property rights and possibly their safety is being jeopardized by a law that forces them to close their eyes to relevant public information about possible tenants. They’re backed by landlord groups and background screeners who call the ordinance a perilous precedent.
The “Fair Chance Housing Act” was anything but that, according to landlords’ lawyers. Ethan Blevins, an attorney at the Pacific Legal Foundation, said the law’s premise “is this paternalistic idea that the city gets to decide what information is relevant or important to a landlord’s decision making process.” marketwatch.com/story/a-new-seattle-housing-law-forbids-landlords-from-checking-into-tenants-criminal-history-but-does-it-go-too-far-2018-12-26
Again, it’s about risk mitigation and the use of criminal background records often treads a thin line. It is an area of continued conversation and on-going change.
Using a well-qualified professional tenant-screening agency remains not only the best practice but also the safest approach for all landlords and property managers.
When looking for a professional tenant screening agency make sure they have an A+ Rating with the BBB, are a member of the National Association of Professional Background Screeners (NAPBS) have the ability to pull from the available statewide criminal repositories and are able to access and retrieve court records from any of the 3,143 counties in the USA.
To learn more about why utilizing a professional tenant screening agency can help landlords and property managers stay compliant with all laws that affect apartment leasing practices read recent TenantScreeningUSA.com press release: Tenant Screening is Risk Mitigation in Renting; 3rd Party Background Screening is Risk Mitigation for Landlords