Balancing Fair Housing Laws and Tenant Screening
Updated: Oct 7
The housing industry is subject to a complex web of federal, state, and local fair housing laws designed to prevent discrimination in housing. While these laws are crucial for ensuring equal access to housing opportunities, they can sometimes pose challenges for landlords and property managers when it comes to tenant screening. Striking a balance between complying with fair housing laws and conducting effective tenant screening is essential. In this blog post, we'll explore the importance of this balance and offer insights into how to navigate it successfully.
Understanding Fair Housing Laws
According to this Chicago property management company, fair housing laws are designed to protect individuals from discrimination based on certain protected characteristics. These characteristics typically include:
Familial Status (such as having children)
In addition to federal fair housing laws, many states and localities have their own fair housing regulations, which can include additional protected characteristics, such as sexual orientation and gender identity.
Balancing Fair Housing Compliance with Tenant Screening
Objective Screening Criteria: Develop and apply objective screening criteria consistently to all applicants. Criteria should be related to an applicant's ability to fulfill their lease obligations, such as credit history, rental history, income, and criminal background.
Uniform Application Process: Ensure that all applicants go through the same application process. This includes the application form, screening fees, and background checks. Treating all applicants equally helps prevent discrimination.
Reasonable Accommodations: Understand and comply with the requirement to make reasonable accommodations for individuals with disabilities. This may include modifying policies, procedures, or physical accommodations to ensure equal access.
Advertising and Marketing: Review your property marketing materials to ensure they do not contain discriminatory language or preferences. Avoid phrases that suggest a preference for or against certain groups.
Avoid Steering: Steering occurs when landlords or property managers direct individuals towards or away from specific units or areas based on their protected characteristics. Avoid such practices at all costs.
Criminal Background Checks and Disparate Impact
One area of tenant screening that has received attention in recent years is the use of criminal background checks. While landlords have a legitimate interest in ensuring the safety of their property and other tenants, the U.S. According to this Tucson property management company department of Housing and Urban Development (HUD) has issued guidance on how criminal background checks can have a disparate impact on certain protected groups.
To navigate this issue, consider the following
Individual Assessment: Rather than having a blanket policy of denying applicants with criminal records, conduct individualized assessments. Consider the nature and severity of the crime, the time that has passed since the conviction, and evidence of rehabilitation.
Consult Legal Counsel: Seek legal advice to ensure your criminal background check policy complies with fair housing laws, especially if you are uncertain about how to balance safety concerns with potential discrimination.
Balancing fair housing laws and tenant screening is crucial to ensuring a just and equitable housing environment for all. At Atlantic Property Management, we understand the importance of adhering to fair housing laws while conducting thorough tenant screening.
If you're a landlord seeking professional guidance on tenant screening that complies with fair housing laws or looking for a property management partner with expertise in this area, consider partnering with us. Our experienced team can help you navigate the complexities of tenant screening while ensuring compliance with all relevant laws and regulations.
Contact us today to learn more about how we can assist you in achieving a balanced approach to tenant screening that respects fair housing principles. Your commitment to fairness and equal housing opportunities begins with the right property management partner—reach out to us now!