October 2011 Blog Posts
A question arises as to
whether landlords
are prohibited from renting to undocumented aliens and whether establishing
residency status should be part of a landlord's
tenant screening process.
Here is an article in the Huffington Post
about a recent U.S. Supreme Court ruling (June 2011) on a Hazelton, Pennsylvania
ordinance penalizing landlords for renting to undocumented aliens.
Supreme Court: Hazelton, PA Immigration Law Must be Re-Examined
A federal appeals court
previously prohibited enforcement of the Hazelton (and similar) ordinance(s). The Supreme Court decision
sent the
case back to the appeals court for review… based on another Supreme
Court decision upholding an...
Federal
law imposes several duties on users of background
screening reports.
Section 604 of the Fair Credit Reporting Active - 15 USC §1681 et seq - (FCRA),
requires that:
* A User of a
Consumer Report (background check) for Employment purposes, before taking Adverse Action
based in whole or in part on the contents of the report, provide to the consumer
(applicant or employee) to whom the report relates:
- A copy of the report;
and
- A description in
writing of the rights of the consumer as prescribed by the Federal Trade
Commission (FTC).
-
FTC
Summary of Rights - click on this link...
Paying multiple application fees before qualifying for housing is a significant
hardship for low income and other hard to place individuals. Low income housing
advocates have long sought a portable background screening report to lessen the
burden on this vulnerable population.
Under
the "traditional"
tenant screening model, applicants meet with prospective
landlords, complete a rental application and pay an application (screening)
fee. The landlord orders a screening report from a consumer reporting
agency (CRA). The CRA returns the background screening report to the landlord, who
then decides to accept (the applicant), accept conditionally (e.g. with an
increased deposit or cosigner) or...
Economic conditions have taken a toll on many prospective residents and
increased the risk of default on lease obligations. The natural tension
landlords experience between leasing and background
screening is heightened by those
same economic conditions.
Finding the proper balance between occupancy (leasing) and vetting prospective
residents is critical under these conditions. This is especially true for
private landlords who tend to be more vulnerable to damage caused by problem
tenants and who may lack access to quality screening
reports.
Knowledge is key to successfully navigating these waters.
Tenant screening
products empower landlords to qualify more (not fewer) applicants by...