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I Told You So!

I Told You So!

I am trying not to gloat, really I am.  But I am only human and at the moment feeling a bit smug.  You see, about a year ago (March 2010 to be exact), I posted here at MFI on “Crime & Punishment”.  I was urging our apartment industry to reconsider the felony disqualification standard that is used by so many, i.e. any felony = not a qualified applicant.  My concern was fair housing based as well as simply trying to keep government from intruding more in the day-to-day operations at communities (goodness, you have enough of that already!).  I heard the eyes rolling around in the sockets of some who read that post; I heard the “Oh, c’mon” that many of you muttered under your breath.  “Get real” was what you were thinking.  But now let me share the following:

 

The John Marshall Law School®’s Fair Housing Legal Support Center and Clinic (Chicago) was established almost 20 years ago to educate and assist advocates on fair housing issues.  The hold training programs and clinics, and I myself have received some great education there (and continuing legal ed hours, too).  I am on their mailing list and I now know their topic for their 2011 Fall Conference.  From their recent Fair Housing News (are you ready)…”the Center’s conference will focus on problems face by ex-offenders in securing and maintaining housing.  Only a few cities have enacted ordinances making ex-offenders a protected class.  The conference will discuss the impact of these exclusionary policies on existing protected classes…We believe more attention must be focused on the interrelatedness of fair housing laws and our criminal justice system.  The principle of restorative justice requires that the right to decent housing be made a reality for the many men and women caught up in our criminal justice system.”  You don’t have to agree with this, you don’t have to agree with me (you can join my husband in that regard).  But forewarned is forearmed.  As an industry, think about how you qualify applicants.  If you use the felony = not qualified standard, consider refining and redefining to include only those felonies that should really matter to a landlord.  Probably at least 200 folks will be at the Center to learn how to bring charges and lawsuits based on criminal background.  You don’t want that to happen, particularly to you, as it will be costly.  Also, you don’t want me gloating any more (you can join my husband in that regard, too)

 
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Nadeen, when you get on a soapbox, I scramble to the front of the room to listen. Thank you for informing us of this very, very interesting topic -- and forcing us to tune in, even if we find it unsavory. I trust you'll keep us informed, as you always do! Keep on spreading the news that we don't really want to hear...because when it comes to this legal stuff, we NEED to hear it. Thanks!

  Kara Rice
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Kara, thank you and back at ya! As recently as last week I learned from the Grace Hill Gang from the excellent post on ADA issues. One of the great things about our industry is how everyone is so willing to share and communicate on topics that can impact us all.

  Green Nadeen
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Nadeen, I typically agree with your posts to the letter, but I have to voice my contrary opinion on this one. No convicted criminal policies are good, wise and thoughtful. The problem is the whole liberal, “can’t we all get along” viewpoint that has led some states and cities to pursue this line of thinking that a criminal should be protected as a class or group. Nobody is “caught up in our criminal justice system”, as if it was a dangerous storm that just came upon them unknowingly. They are in prison, or are ex-cons because they committed a crime and were proven to have done so by a judge or a jury of their peers. Also, where is “a right to decent housing” written in our constitution? I don’t recall that. A criminal should have considered all of the ramifications of their actions prior to committing the crime. Hard to get a job? Tough. Can’t find a place to live? Sorry, not my problem. Apartment communities, their managers and advisors to the industry need to stop pretending that communities are social service organizations or half-way houses. Criminals, the foreclosed and other undesirables should be excluded to protect your asset, investment and residents. A blanket no previous convictions policy is not only wise, it should be pursued aggressively for the protection of your current, law-abiding renters.

  Christopher Higgins
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Hello, Christopher. Your comments are duly and respectfully noted. The point of my post was not to advocate on behalf of those tried and convicted of felonies. My point was (and has been all along) that we as an industry are subject to what seems like a gazillion laws (it may actually be a gazillion) which include the Fair Housing Act. There are those in the fair housing litigation world who would disagree vehemently with you and they have set their sights on what they perceive to be discrimination based on criminal background. Their efforts may ultimately end up dictating the business model for apartment communities through case law and legislation, and that would not be the best scenario for the industry. My suggestion to refine the industry wide "no felonies" qualification standard is just that - a suggestion which ultimately may have merit (or then again, perhaps not).

  Green Nadeen
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Thanks Nadeen - Not trying to shoot the messenger. It is "discussions" like these, though, that illustrate why nobody should own multifamily property in the state of California. You know they will be first on the bandwagon with this one!

  Christopher Higgins
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I can already hear the chants of the protesters, "hey hey, ho ho - law abiding citizens got to go" carrying placards that scream "save our criminals" and "hug a felon".

  Christopher Higgins
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Well Nadeen, as you always say, get the facts and then make an informed decision, right? Here are some facts from the most recent study I could find from done by the Bureau of Justice Statistics (DOJ):

>During 2007, a total of 1,180,469 persons on parole were at-risk of reincarceration. This includes persons under parole supervision on January 1 or those entering parole during the year. Of these parolees, about 16% were returned to incarceration in 2007.

>Among nearly 300,000 prisoners released in 15 states in 1994, 67.5% were rearrested within 3 years. A study of prisoners released in 1983 estimated 62.5%.
Of the 272,111 persons released from prisons in 15 states in 1994, an estimated 67.5% were rearrested for a felony or serious misdemeanor within 3 years, 46.9% were reconvicted, and 25.4% resentenced to prison for a new crime.

>These offenders had accumulated 4.1 million arrest charges before their most recent imprisonment and another 744,000 charges within 3 years of release.

>Released prisoners with the highest rearrest rates were robbers (70.2%), burglars (74.0%), larcenists (74.6%), motor vehicle thieves (78.8%), those in prison for possessing or selling stolen property (77.4%), and those in prison for possessing, using, or selling illegal weapons (70.2%).

I know these statistics are old and they are the most recent I could find - based on these facts I'd say it's risky business to accept most, if not all felons listed above. These would certainly be on my "convicted felon = not qualified list".

  Doug Chasick
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I am an advocate for "Private Property Rights." Too many have already been taken away. In multi-family housineg, I believe we have an obligation to the multiple tenants who live closely together to provide them with neighbors who have a proven record of successfully living among others. Stealing, violence, drugs, etc. is not characteristics that I would want in a close neighbor. A decision to add felons to a protected class should be overturned as soon as possible. The day I have to rent an apartment to a paroled rapist is the day I quit. Hate to hear that news. Thanks for letting us know. Keep the updates coming.

  Sandy Martin
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Nadeen,
Thanks for sharing this informative yet frightening information. I recently had a chat with an association rep from Kansas City who shared the legal battle they were facing surrounding this very subject. Unfortunately it is a reality we have to face. Perhaps a compromise can be met where we as landlords are able to restrict violent criminals or career criminals from living in our communities and not worry so much about the person who bounced one too many checks 10 years ago.
I am interested in your opinion on running criminal checks on residents prior to offering a renewal. Care to comment?
Thanks. Lori Trainer.

  Lori Trainer
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I am no longer a property manager, but was one for over 15 years. I am now on the vendor side, but I do have to say that by setting a qualification standard of No Felonies, you are disqualifying a good number of non-violent residents that will pay their rent on time and not cause problems. I am not saying what they did is not a serious crime, but not a crime that would present a problem to the apartment community or the residents that live there. There are actually some crimes that are classified as misdemeanors that could be considered far more risky than some felonies. For example, you could have a resident that has an indecency with a child misdemeanor (probably a plea deal) living at your community, but you decline a resident that had a DUI felony conviction 10 years ago. I don't know about you, but I would much rather have the DUI felon living next to me than the guy with the indecency conviction.

Bottom line. The criminal justice system isn't black and white. Set your policies to protect your asset and your residents.

  Kathy Porter
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