Fort Lauderdale | Landlords Screening Tenants Based on Arrest Records
Property Managers and landlords in Fort Lauderdale, Wilton Manors, and across South Florida are impacted by the U.S. Department of Housing and Urban Development’s (HUD) newly published guidance on using criminal records as a basis for rejecting renters. According to HUD, “Policies that exclude persons based on criminal history must be tailored to serve the housing provider’s substantial, legitimate, nondiscriminatory interest and take into consideration such factors as the type of the crime and the length of the time since conviction.”
When reviewing an individual’s criminal history, HUD advises property managers and landlords of the following:
- The nature and severity of a conviction be considered
- The amount of time that has passed since the conviction be considered
- Evidence of rehabilitation efforts be considered
- Convictions of Drug Possession be considered differently versus convictions of Drug Manufacturing or Distribution
- An arrest is not proof the individual engaged in criminal activity
One section of HUD’s guidance is devoted specifically to the topic of prior arrests without conviction. HUD states that “Because arrest records do not constitute proof of past unlawful conduct and are often incomplete (e.g., by failing to indicate whether the individual was prosecuted, convicted, or acquitted), the fact of an arrest is not a reliable basis upon which to assess the potential risk to resident safety or property posed by a particular individual. For that reason, a housing provider who denies housing to persons on the basis of arrests not resulting in conviction cannot prove that the exclusion actually assists in protecting resident safety and/or property.”
According to the U.S. Department of Justice, as many as 100 million U.S. adults have some sort of criminal record. That’s nearly one-third of the U.S. population. HUD recognizes that many of those people encounter barriers to securing housing. Even though the Fair Housing Act does not consider having a criminal record a protected characteristic, HUD is taking a more aggressive position on the use of criminal records when making housing decisions. Property Managers and landlords in Fort Lauderdale, Wilton Manors, and throughout South Florida should review their policies and procedures to ensure proper use and consideration of criminal records when screening tenants and renters.
For more information, download HUD’s FAQ on Excluding the Use of Arrest Records in Housing Decisions and HUD’s Guidance on Using Criminal Records.
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