News & Analysis as of

Rental Property Criminal Background Checks

Cozen O'Connor

Property Owners Beware: Criminal Background Checks Could be a Way of the Past

Cozen O'Connor on

Effective January 1, 2025, housing providers in New York City will need to think twice about how they use criminal background checks. Local Law No. 24, titled the Fair Chance Housing Act, limits the use of criminal background...more

Hudson Cook, LLP

"Reducing Barriers to HUD-Assisted Housing": HUD NPR for Use of Criminal History in Tenant Screening and Termination At...

Hudson Cook, LLP on

Under a Department of Housing and Urban Development (HUD) proposed rule published April 10, new procedural protections would apply to criminal history screening of rental applicants to HUD-assisted housing....more

Partridge Snow & Hahn LLP

Certain Lease Rental Application Fees Barred as of January 1, 2024

As of January 1, 2024, a Rhode Island law prohibits landlords, rental agents, and property managers from charging application fees in connection with tenant rental applications. Application fees include credit checks,...more

Shumaker, Loop & Kendrick, LLP

Considerations on Criminal Background Checks & Tenancy Restrictions

Numerous condominiums and homeowner associations have Governing Documents, or rules and regulations that regulate leasing, including restriction to whom owners may rent. Many associations base their decisions on the results...more

Troutman Pepper

CDIA & PBSA Amicus Brief Advocates Landlords’ First Amendment Right to Conduct Criminal Background Checks

Troutman Pepper on

In November, the Consumer Data Industry Association (CDIA) and the Professional Background Screening Association (PBSA) joined forces to submit an amicus brief in support of landlords’ First Amendment right to conduct...more

Seyfarth Shaw LLP

Head’s Up: Increased Risk of Consumer Class Actions With Growing Trend of Local Restrictions on Reporting and Considering...

Seyfarth Shaw LLP on

On January 21, 2020, the Oakland City Council unanimously passed the Fair Chance Housing Ordinance (“FCHO”), which will restrict landlords in their ability to reject a potential tenant because of prior criminal history. It...more

Brownstein Hyatt Farber Schreck

Changes Coming for Colorado Landlords and Tenants

Colorado’s 2019 legislative session ended with numerous changes impacting the rights and obligations of residential landlords and tenants. Some of these changes are discussed below....more

Troutman Pepper

The Changing Landscape of Housing Admissions for Landlords: Life in the Wake of the April 4, 2016 OGC Guidance

Troutman Pepper on

The message from HUD is certainly confusing: don't discriminate, but use your discretion. It is enough to strike fear into the heart (and liability insurer) of even a seasoned property owner and manager. The common advice to...more

Holland & Knight LLP

HUD Releases Guidance on Criminal Background Checks by Housing Providers

Holland & Knight LLP on

The U.S. Department of Housing and Urban Development (HUD) on April 4, 2016, issued guidance addressing Fair Housing Act liability regarding the use of criminal background checks or screenings in housing determinations....more

Ballard Spahr LLP

HUD Releases Guidance on Fair Housing and Criminal Screening in Private Housing

Ballard Spahr LLP on

The U.S. Department of Housing and Urban Development (HUD) issued new guidance on April 4, 2016, on the use of criminal conviction records by housing providers in screening applicants. The guidance advises housing providers...more

Lowndes

HUD Determines That Blanket Bans of Ex-Offenders is Illegal Under the Fair Housing Act

Lowndes on

On April 4, 2016, the U.S. Department of Housing and Urban Development (“HUD”) issued guidance on its interpretation of how the Fair Housing Act applies to housing providers’ policies that ban residents with criminal records....more

Ballard Spahr LLP

HUD publishes new Fair Housing guidance on criminal background checks

Ballard Spahr LLP on

On Monday, HUD published new guidance for landlords conducting criminal background checks as a condition of renting housing. This guidance is applicable to all providers or operators of housing and real estate related...more

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