Landlord Rights & Criminal Records
Landlords have the right to protect their tenants from threats to their health and safety. One way of doing this is to conduct a criminal background check on prospective tenants.
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State Laws
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Each state has its own laws regarding the use of criminal records, especially official records from the state, in tenant screening.
Fair Housing Act
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The Fair Housing Act allows a landlord to reject the application of anyone who might jeopardize the safety of other tenants. Landlords can use criminal records to protect the other people living in their buildings.
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Drug Use
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The Fair Housing Amendments Act classifies a prospective tenant's previous drug use as a disability, which puts them in a protected class. If a prospective tenant has a conviction for possessing drugs for personal use, this can not be used against them in a housing decision.
Criminal Background Check
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Landlords can hire a tenant screening service, or use an online background check service to obtain a prospective tenant's criminal background.
Prospective Tenant Notification
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Some states require landlords to inform prospective tenants that a criminal background check was instrumental in their decision not to rent to the tenant.
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