Tenant screening is one of the most important steps a landlord or property manager must do to make sure they’re only renting to tenants who are clean, safe, and responsible. However, there are both federal and state laws that determine what factors can be considered when determining an applicant’s suitability for renting a property, one of which is criminal history. While criminal history can, and should, be taken into consideration before renting out any property, it should not be used as a blanket reason to deny any applicant with any type of criminal history. In this post, we’ll explore how to deal with applicants’ criminal histories when renting out your properties.
Understanding Federal Laws
At the federal level, the Fair Housing Act (FHA) plays a significant role in how landlords and property managers can use criminal history in tenant screening. The FHA prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability. While the FHA does not explicitly prohibit housing discrimination based on criminal history, the U.S. Department of Housing and Urban Development (HUD) has issued guidance on how criminal background checks should be conducted to avoid violating any part of the FHA.
Landlords and property managers should take all the factors surrounding a rental applicant’s criminal history into account when making a decision about renting to them. How long ago the crime occurred, the severity of the crime, and rehabilitation progress by the applicant are all potential factors to consider. If you do decide to deny an applicant based on their criminal history, you need to be able to show that you had legitimate concerns, such as the safety of other tenants.
Florida-Specific Regulations
Florida law does not specifically address the use of criminal history in tenant screening, which means that landlords must rely on federal guidelines and best practices to navigate this complex issue.
However, Florida landlords should be aware of the state’s landlord-tenant laws, which require that all tenants be treated fairly and without discrimination. This reinforces the need to avoid blanket bans of all applicants with a criminal history and to perform case-by-case assessments of each applicant, as required by HUD guidelines.
What You Can Do
When considering a renter’s criminal history, here are some steps you can take to stay compliant with relevant laws:
- Review Each Applicant Thoroughly: Review each applicant’s criminal history on a case-by-case basis. Consider factors such as the type of crime, the amount of time that has passed since the crime, and any evidence of rehabilitation.
- Focus on Relevant Convictions Only: Only consider convictions that are directly related to the safety of your property or other tenants. For example, convictions for violent crimes or property damage may be more relevant than non-violent offenses that occurred many years ago.
- Document All of Your Decisions: Keep detailed records of how and why you made your decision regarding an applicant’s criminal history. This documentation can protect you in the event of a discrimination claim.
- Consult Legal Advice: Because this area of law can be complex, it’s wise to consult with a legal professional or a property management expert who is familiar with the laws and regulations.
What You Can’t Do
While it’s important to protect your property and other tenants, there are certain practices you should avoid:
- Blanket Bans: Do not automatically disqualify applicants based on their criminal history alone. Such policies are likely to be seen as discriminatory under the Fair Housing Act.
- Consider Arrest Records: Avoid making rental decisions based solely on arrest records that did not lead to a conviction. Arrest records do not necessarily indicate guilt, and using them in tenant screening could lead to discrimination claims.
- Ignore HUD Guidelines: Ignoring federal guidelines can result in legal action and fines. Ensure that your screening policies align with HUD’s recommendations.
Tenant Screening Services in Southwest Florida
Screening tenants’ criminal histories can be challenging, but by following the proper guidelines, you can protect your rental properties while also ensuring fair treatment for all applicants. If you’re looking for expert assistance in managing your southwest Florida rental properties, including tenant screening, Douglas Realty Property Management is here to help. Give us a call at 239-542-6906 or send us a message online and our team can implement a fair and effective tenant screening process that protects your properties and your rights as a landlord.
