Question.Residents are concerned about the return of the son of a long-time resident who is being released from prison for burglary. His name is on a rental agreement for a home that he lived in with his parents. His mom still lives in the community under the same rental agreement. Since his name is still on the rental agreement, does management have to let him back in the community after being away for two years in prison. The mother says he is still a resident - the residents and management object. How should management proceed?
Answer. I’m going to assume the son was a minor when he first came to the park with his mother. That being the case, he never went through the formal application process. I’m also going to assume he is no longer a minor now. In other words, if he applied for tenancy today, he certainly would have to go through the application process including a criminal background check.
The fact that he is on the rental agreement as a minor is irrelevant today. He should be treated the same as any other tenant applicant. If he wants to apply for tenancy he may do so. This would include a criminal background check.
You did not say whether this was a misdemeanor or felony conviction. Nor did you say whether he has other convictions. What has he been doing since release? Is he employed? Does he have any references? Does he have a parole officer? Generally, today, certain property-related convictions (as opposed to person-related, such as assault and battery) are not, per se’ the basis of an automatic denial.
Included below are some helpful links, one of which applies to the City of Portland, which has much stricter – some landlords might use other adjectives – than the rest of the state.
Uultimately, the issue is notwhether you must accept this person simply because he had formerly lived at the park – you do not. This applies to adult tenants who were previously approved, left and came back a few years later. You are within your rights to require updated background information as a condition to a person’s approval as a new tenant, whether living with an existing tenant, or in their own home.
One, “middle ground” approach you may consider is to approve the son as a “temporary occupant” under ORS 90.275. This arrangement allows you to keep a tighter rein on him; if he causes problems, termination is much easier and fast. If you do this, be sure to limit the agreement to a short period of time, e.g. three months. Once that period expires you do not have to renew it. And if he immediately creates a problem, you can terminate immediately. And, there is no right to cure. Good luck.
Resources:
· https://www.mysmartmove.com/SmartMove/blog/hud-guidance-criminal-background-screening.page
· https://www.opb.org/news/article/portland-tenant-screening-regulations-pass/
