If you haven't done so already, pull out your resident selection criteria and take a close look at the evaluation standards for applicants with criminal records. Depending on what it says, you may need to make some changes right away. Then review it in detail - and get help from your attorney, resident screening company, and other advisors to ensure that it complies with HUD guidelines. Richer offered some key best practices:
The tenant application process is one of the least understood by landlords and managers. This lack of familiarity can result in significant liability to park owners. The purpose of this article is to set forth the applicable laws governing the process, and discuss some tips and traps that may be useful when certain issues and problems arise.
The tenant application process is one of the least understood by landlords and managers. This lack of familiarity can result in significant liability to park owners. The purpose of this article is to set forth the applicable laws governing the process, and discuss some tips and traps that may be useful when certain issues and problems arise.
Question: We recently had an applicant (with a criminal history) that management rejected for an RV spot we had available. The criminal background check disclosed that the applicant had a prior burglary and criminal mischief conviction in 2008. He pled guilty and was given a 20-day jail sentence, with 18 months’ probation. He accepted our rejection without argument, but upon reflection, I’m concerned whether our manager may have been too hasty in light of the recent court rulings and Department of Justice pronouncements on how we should use criminal background information when one applies for housing. Should we have handled this any differently?
Question: I am still unclear on the issue of whether we may insist that all applicants for tenancy produce a valid social security number. Is it legal that we do so?
Question: We have various screening criteria, but they change from time to time -- usually after we run up against a problem we haven't seen before. Is it OK to change our criteria, and if so, how do we do it?
