DESCRIPTION
Description
HUD has provided recent guidance on how landlords are to process applications of applicants with a criminal record, typically felonies. This guidance is concerned with racial and ethnic disparities in the U.S criminal justice system concerning restrictions to housing because of criminal history. This guidance comes from the Office of the General Counsel of HUD.
Last year, HUD released new guidelines on the use of criminal background checks in rental housing. The guidelines are based on a legal standard upheld last year by the U.S. Supreme Court, allowing plaintiffs to challenge rental housing practices that have a discriminatory effect, without having to show discriminatory intent.
Screening tenants is a vital part of the job of a landlord or property manager. While most of the criteria — credit score, income, employment — by which prospective tenants are screened are straightforward to evaluate, one in particular is not: criminal background. In order to steer clear of allegations of discrimination by a rental applicant, it’s important to take due care if you use the criminal background check to eliminate a prospective renter.
Join us for this informative, session with HUD and Fair Housing veteran, Paul Flogstad to get expert advice and actionable insights on several new and existing HUD and Federal guidelines to ensure compliance and avoid legal pitfalls.
Learning Objectives:
- Review your policy to make sure the language is clear, and conforms to the HUD guidelines (and have your housing specialist attorney read it over).
- Educate your staff, or anyone involved in reviewing background checks, so they are aware of the new guidance.
- Consider contacting your tenant screening provider to ask about their ability to restrict records that cannot be used in the decision.
Session Highlights:
- Who are the seven federal Protected Classes
- HUD’s guidance letter and its impact on property owners and managers
- How the new ruling affects development activities
- Impact of new criminal records guidelines on certain protected and non-protected classes
- Guidance letter and arrests vs. convictions
- Seriousness of the offense
- Effect of eviction on the entire household
- Actions taken to mitigate criminal activity
- Drug related offenses and rehabilitation programs
- How arrest records are considered
- Protecting the Fair Housing Rights of People with Criminal Records
- Are polices in use at your property in compliance?
- Can persons with past felonies be denied housing?
- How can we treat everyone fairly and still provide the individualized assessment now required by HUD?
- What is the difference between arrests and convictions and how does that pertain to the guidance letter
Who Will Benefit:
- Property Managers
- Property owners
- Maintenance Staff
