News & Analysis as of

Criminal Background Checks Landlords

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

Jackson Lewis P.C.

Miya’s Law: Florida Landlords Must Conduct Specific Background Checks for Their Apartment Employees

Jackson Lewis P.C. on

Florida’s new Miya’s Law, Fla. Stat. 83.515, imposes background screening and other specific requirements on landlords regarding their employees who work in apartments that can be classified as “nontransient” or “transient.”...more

Shutts & Bowen LLP

Florida’s New Law Mandates Employee Background Checks to Protect Tenants in Response to Tragedy

Shutts & Bowen LLP on

On June 27, 2022, Governor Ron DeSantis signed “Miya’s Law” (SB 898) into law which is designed to increase safety for residential tenants and significantly impacts the duties of Florida landlords and property managers....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

Cozen O'Connor

Are “Fair Chance” Housing Ordinances an Unconstitutional Infringement on Landlords’ Rights?

Cozen O'Connor on

We continue to monitor legislation affecting the residential landlord-tenant relationship and note here that “fair chance” housing ordinances are emerging in cities across the nation, including Seattle, Minneapolis, and...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

Smith Debnam Narron Drake Saintsing & Myers,...

In North Carolina, Civil Relief for Applicants with Criminal Records Is Now Within Reach

On June 25, 2018, North Carolina Governor Roy Cooper signed House Bill 774 into law, providing judges with discretion for reducing civil barriers to employment, housing, and other essential opportunities impacting individuals...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

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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