November 2011 Blog Posts
Tenant screening criteria that denies tenancy for any criminal conviction, regardless
of the nature of the offense or when it occurred, increases the risk of
"disparate impact" discrimination claims against the landlord.
Disparate impact is a legal theory for proving unlawful
discrimination. Tenant screening criteria that has a greater statistical impact
on a protected class (race, national origin, etc.) is said to have a disparate
impact on that class. Once a member of a protected class proves that a
policy or practice has a disparate impact on the class, the burden is shifted to
employer or landlord (for example) to prove...
Under the negligent hiring theory, an injured
party (another employee, a resident or others) may bring an action against an
employer arguing that the employer failed to exercise reasonable care in
screening
prospective employees.
A recent judgment against the Charlotte (North Carolina)
Housing Authority establishes a similar precedent with regard to
tenant
screening - which
might be described as the negligent leasing theory. Under this negligent
leasing theory, an injured party (employee, another resident or others) may
bring an action against a landlord arguing that the landlord failed to exercise
sufficient care in conducting background checks on prospective tenants.
In this...