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START WITH GENERAL POLICIES & “SOFTEN” THEM AS NEEDED
Rigid occupancy restrictions should be avoided, especially if the size of each unit varies within a housing complex. Consider:
• Size and configuration of the units
• Age of the additional occupants
• State and local laws
• Any unique circumstance of the residents
4. LAWS AROUND CRIMINAL RECORD SCREENING
You should have a written and thoughtfully developed criminal screening policy. Tailor it to reflect legitimate concerns over convictions.
A legitimate concern is one that relates to the interests of a housing provider.
Conducting criminal background screenings might seem safe enough, but a policy of not renting to those with past criminal records could unfairly target minorities. Criminal records-based barriers to housing are more likely to affect minority apartment seekers. Every criminal record needs to be taken into context.
Remember, a blanket policy that denies tenancy to people simply because of a prior conviction could violate fair housing laws. (Yet another example of disparate impact.)
HOW TO APPROACH CRIMINAL RECORD SCREENING
Here are some best practices for the resident screening process:
• Write down justifications for your policy
• Give greater weight to convictions that reflect specific housing concerns
• Allow an individual the opportunity to provide evidence of rehabilitation if they are declined for residency
• Provide detailed training to staff to consistently apply the screening policy and understand justifications for it
5. LAWS AROUND EVICTION SCREENING
Approach eviction screening as you would criminal record screening, as minorities are statistically more likely to be evicted. You want every denial to be for a
specific, legitimate reason(s).
Denial should not be related to prior discrimination based on race, religion, etc. Doing so, even unintentionally, could violate fair housing laws.
If you see an eviction in your applicant’s screening results, follow up with the landlord who evicted them.
TAKEAWAYS
Property management is as much art as it is science. You’ll have to navigate complex fair housing laws. These laws are often political in nature, and they change frequently. Play it safe and think about your long-term interests. Here are some tips from NAA on how to do just that:
• Have clear, written policies so your entire team can follow them
• Determine legitimate interests
• No automatic conviction exclusions
• Ignore arrests that did not lead to conviction
• Apply policies equally and consistently
• Narrowly tailor inquiries
• Train staff on your policy as well as updates to fair housing laws
PROPERTY MANAGEMENT SOFTWARE CAN HELP
Yardi Breeze and Yardi Breeze Premier include several tools to help you keep accurate records. The texting and email features will permanently store communications in the cloud, making them easy to access at all times.
Breeze and Breeze Premier offer a unique notetaking tool, the Activity Feed, for special circumstances or events that don’t fit into other, predefined categories. You can use it to:
• Set reminders for recurring tasks
• Track tenants and transactions
• Add payments to your calendar from the Activity Feed
• Locate old notes quickly
• Monitor requests related to natural disasters, economic downturns or other unexpected situations
Disclaimer: Please note that this article does not constitute or replace legal advice. We hope this information is helpful, and we encourage you to do more research. Consult an attorney for help on specific cases related to fair housing laws.
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