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.