2018. One risk assessment tool widely used within the criminal and juvenile justice system highlights this point. As many as 100 million or 1 in 3 American adults have a criminal record, according to the Bureau of Justice Statistics. , The Equal Rights Center. Kathelene Williams, Esq. Background Check Disqualifiers for Federal Employment While fishing without a license is not good, an applicant participating in that type of activity will likely be a lesser risk to residents and property than someone selling drugs, which often brings more dangerous people and illegal drugs into the neighborhood. Explain to landlord-clients the dangers of such a policy and advise them to use a more tailored approach. Federal Employment, Security Clearance, Public Trust Federal Employment Background Check Process Key Takeaways Citizenship Criminal History Bankruptcy or Debt Substance 0000001131 00000 n Best Practices for Complying with HUDs Criminal Background Check Guidance This year, HUD and the courts have brought much attention to possible Fair Housing Act violations from criminal screening policies. Well discuss the mandatory and optional criminal background screening requirements. This section includes information about Admissionsor the. 0000009631 00000 n Make sure you have written policies on screening procedures that all office members WebHousing Denying Admission and Terminating Tenancy for Criminal Activity and Alcohol Abuse 2. Inspector General | WebSome subject individuals (SIs) are required to have a fingerprint-based check as part of the Background Check Unit (BCU) criminal records check.When fingerprints are needed: For employees, volunteers and contractors, see OAR 407-007-0030(9) for requirements. 0000010239 00000 n But according to HUD, landlords could be violating Fair Housing laws when refusing to rent to tenants with a criminal record, due to widespread racial and ethnic disparities in the U.S. criminal justice system. The department notes that because African Americans and Hispanics are arrested, convicted and incarcerated at a rate disproportionate to their share of the general population, a widespread policy against renting to anyone with a criminal record disproportionately affects minority home seekers and is therefore discriminatory. Intervention over prediction: reframing the ethical debate for actuarial risk assessment, Proceedings of Machine Learning Research, 81, 115; Alex Chohlas-Woods. 0000003690 00000 n In this case, a court may find a landlord to be using discriminatory screening practices based on HUDs criteria. For example, HUD encourages landlords and housing providers to provide written notice of criminal background screening policies to all applicants and to ensure policies consider the nature, severity, and recency of the offense, as well as any mitigating evidence provided by the applicant. HUDs new guidance can ensure that criminal background checks do not unfairly discriminate against certain applicants. HUDs new Criminal Screening Guidelines - Rental History HUD's New Take on Tenant Screening Standards - wra.org Arrest records are not a valid reason to deny a rental applicant. Request in-depth assistance with implementing a HUD-funded program. WebThe ESG and CoC Program Interim Rules do not require recipients to disqualify individuals or families based on criminal history, including sex offenders. There may be circumstances where a criminal event has occurred and the arrest record might justify further research into the behavior, but an arrest alone cant be used to deny housing eligibility. If a federal housing provider uses criminal history as part of its application review, HUD requires an analysis of whether its policy is discriminatory. Other criminal activity that would threaten other residentsor site employees, contractors, or agentshealth or safety or their right to peaceful enjoyment of the premises [HUD Handbook 4350.3, par. 2014. Tenant Screening With Criminal Background Checks - HUD User Relevant factors might include the circumstances of the criminal conduct, the persons age at that time, the persons tenant history and signs of rehabilitation. 0000003926 00000 n 0000009095 00000 n Landlords and property managers certainly should reevaluate their tenant screening standards in light of the guidance, preferably with the assistance of legal counsel. Htn0 Cb@Py' lDrh/N 5/,e{8P& hmb| CnZ]ZdfQ[HR\J%RII4K1A{C;f&wa 0000005521 00000 n The new guidelines encourage HUD staff to consider an applicants criminal history when deciding whether to approve or deny a housing assistance application. The rule also lets you adopt optional screening criteria. Some states put a limit on the amount of the application fee, but not all. q0c\q9T[4%y}YSfG\.fT However, HUD encourages recipients or subrecipients to work with the individual or family presenting for assistance to identify another appropriate housing placement. The Impact of Real Estate on Wisconsin's Economy, portal.hud.gov/hudportal/documents/huddoc?id=HUD_OGCGuidAppFHAStandCR.pdf, www.realtor.org/articles/fair-housing-act-criminal-history-based-practices-and-policies. 0000004932 00000 n They must make sure that their residents feel safe in their homes. HUDs guidance clearly states that records of arrest should not be used to deny housing or terminate a lease. Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Application Booklet: "Real Estate Licensing in North Carolina", Applicants who are licensed in other Jurisdictions, Apply for a Limited Nonresident Commercial License, License Examination Performance by Education Provider, Rosters of Exam Candidates and New Licensees, Commercial Property Management Guides/Other Resources, NCAR Residential Property Management Legal Handbook, Commission Guidelines and Other Information, Local Rules for the North Carolina Real Estate Commission, HUD Issues Guidance on Use of Criminal Background Checks, Commission Member Cindy Chandler and Legal Education Officer Kizzy Crawford-Heath Recognized by National Real Estate Educators Association. 4-7(C)(2)(b)]; You determine that theres reasonable cause to believe that a household members illegal use or a pattern of illegal use of a drug may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents [HUD Handbook 4350.3, par. Why is a background check important? , International & Philanthropic Spotlight Archive, Designing for Natural Hazards Series Volumes 1 - 5 If you have any questions, please attend Compliance Prime webinars. 0000006088 00000 n Criminal Background Checks and Fair Housing And if your site has adopted optional screening criteria, well cover how to evaluate and possibly amend your criminal screening policy to avoid a successful challenge in a fair housing case based on its disparate impact on minority applicants. HUD is now limiting the use of arrest records for tenant screening for housing providers. Assessing criminal history as a predictor of future housing success for homeless adults with behavioral health disorders, Psychiatric Services 60:2, 22430. Determine most serious and violent crimes. Housing Access for People with Criminal Records Gain access to a tenant's: Read the latest installment of our quarterly Rental Report for rental market trends based on landlord and renter survey results! In addition, the guidance observes that delaying consideration of criminal history until after financial and other qualifications are verified may minimize any additional costs that such individualized assessment might add to the applicant screening process. When evaluating a criminal background check, its important to keep in mind that an arrest is not the same thing as a conviction. Jun 21, 2022 HUD issued a memo on June 10 outlining the ways criminal background screenings may violate the Fair Housing Act (FHA). There are currently no empirically validated tools predicting the risk of harm a rental applicant might present to other tenants and property available to housing providers and their property managers. That number includes people whove been convicted, as well as those whove been arrested but never charged, meaning an estimated 30% of the American population have a record attached to their name. Bureau of Justice Statistics. Instead, the housing provider or their management agent might take into account the applicants 10 years of employment as a bus driver for the public transit Emergency Housing Vouchers Frequently Asked 0000007244 00000 n Replace any generalized felony or conviction bans with only the most serious or violent crimes that accomplish your goal of reducing risk. Having an arrest, conviction, and incarceration on your record does not automatically disqualify applicants from certain housing program. 4-7(C)(3)(a)]; Violent criminal activity [HUD Handbook 4350.3, par. , Chelsea Barabas, Madars Virza, Karthik Dinakar, Joichi Ito, and Jonathan Zittrain. According to HUD, criminal background checks are a standard part of the housing application process, but more often than not, they lack sufficient information to evaluate an application. In other words, each instance should be reviewed on a case-by-case basis and narrowly tailor any refusals. Exit from incarceration. Choosing not to serve people with a criminal record with CoC or ESG Program funds is not consistent with a Housing First approach. Resources and assistance to support HUD's community partners. 2010. Tenant screening policies apparently should look at criminal convictions on an individualized basis with a focus on the nature, severity and recency of the conviction as well as the underlying situation. In April 2016, HUD issued guidance on how the Fair Housing Act (the Act) impacts the use of such a background check by all providers of housing, including property managers. In addition, the FHA provides protections against discrimination in housing based on marital status and disability. To further avoid accusations of discrimination, HUD also suggests that landlords delay consideration of a criminal history until the very end of the application review, after considering all other application requirements (like employment, credit, and financial qualifications). As an example, a recent assault conviction could be a justifiable reason to deny housing to a tenant, according to Nolo, a legal information e-library. 0000009073 00000 n HUDs new guidelines warn against making housing decisions based on arrests, so its important to distinguish between arrests and charges filed (that is, pending cases). Read this guide to learn about HUD looked at statistics provided by the Justice Department that demonstrated a disproportionately high rate of arrest and incarceration based on race. Take the time to train your staff properly, and for them to properly communicate your policy regarding criminal records. Then the burden shifts back to the challenger or HUD to show that interest could be served by another practice with a less-discriminatory effect. Criminal convictions were previously another legitimate reason for rejecting a tenant application, but any such screening standards must now be carefully crafted such that they do not have an unjustified disparate impact. A study of housing outcomes among tenants participating in an intervention based on the Housing First model found that the performance of tenants with a criminal history was similar to that of participants without a criminal history. HUDs Criminal Background Check Guidance Drug-related criminal activity [HUD Handbook 4350.3, par. HUDs one-strike rule has both mandatory and optional criteria for screening out applicants based on drug-related and other criminal activity. There are a number of factors that can be considered during the appeal, including: For further information: You can download the recent one-hour webinar, Applicant Screening and Criminal Histories: Addressing Disparate Impact Liability Under the Fair Housing Act, here. U.S. DEPARTMENT OF HOUSING AND URBAN Criminal history is not a good predictor of housing success. Criminal History Guidelines for Federal Housing Providers Ask a basic policy or reporting system question. Although nearly 30 percent of the sample was rearrested for any arrest, 18 percent of individuals classified as low risk were rearrested compared with 61 percent of individuals classified as high risk. Once sufficient evidence has been presented, typically the prosecutor will file charges. It is beneficial to provide these standards in writing to all applicants. Nearly 1 in 3 adults in the United States has a criminal arrest record that often serves as a barrier to housing, employment, and a range of social services. HUDs guidelines suggest that landlords evaluate each tenant with a criminal background on a case-by-case basis, and state that blanket discrimination policies Web Management and Web Policies | As of 2018, four jurisdictions Newark, New Jersey; San Francisco; Washington, DC; and Seattle have instituted Ban the Box laws regulating rental housing providers use of criminal records. Termination of Tenancyor eviction based on criminal justice. Criminal background discrimination has been a longstanding, intractable problem for people. Federal housing providers have a number of valid reasons to look at criminal records. Understanding Risk Assessment Instruments in Criminal Justice, Brookings Institution; Aron Shlonsky and Dennis Wagner. ONE DAY. ME~@ZJ}4M f8$AHi/!-+djz{k&2}B-0c~E#-Ycu_iK7s&?P5^?Zu8M; 1LjMDY~ 85^qh_B^e20c7fr( Further, while there is no statutory or regulatory prohibition against providers setting reasonable standards regarding criminal history, recipients should carefully consider whether these policies or practices have an unjustified disparate impact or discriminatory effect, which is a violation of the Fair Housing Act even when the provider had no intent to discriminate.