Banner

Training Trivia

It is wise and acceptable to use a criminal background check to eliminate any candidates with a criminal record prior to getting to final interviews when hiring.
Powered by Grace Hill
 
 
Total votes: 34
Home Insider Blogs Nate Thomas's Blog Housing and Criminal Background
Enter your email address for weekly access to top multifamily blogs!

Apartment Blogs


Dec 20
2011

Housing and Criminal Background

 Print

Posted by: Nate Thomas on Dec 20, 2011 12:07

Tagged in: Fair Housing

Housing and criminal background checks are done to protect the safety and well being of others on the property. In todays climate where we have so many reasons for being taken to court I am looking for debate on the law and fairness. Fair housing laws change and these changes come about because of cases where there are wrongs that need to be righted.

I got into a debate with a legal person about felons with violent and non violent crimes who have done their time and housing and do the current laws discriminate against folks that have served their time and now trying to get their lives back on track? Do the current laws assist them in getting back into society or stack the deck against them where they end up back in a life of crime?

There are those that overlook felony convictions that are not violent, sexual, or drug related because they say the non violent cases do not pose a safety concern to the other tenants. There are others that say hey no matter violent or not, they are a felon that is it, and I am not taking a chance.

Every once in a while I may throw something in playing devil's advocate after a comment. Now there are those who will see something written and you have to keep in mind that there are some differences by states where felons are concerned such as Florida and California as an example in laws that govern felons. So when someone responds if you would put your state it will assist others in structuring their comments as well as it will allow all of us to see the differences by states. If you want to reference a law for your state that is fine.


Comments (5)Add Comment
1195
written by David Kotowski, December 22, 2011
What laws are you referring to that prevent someone with a criminal background from getting housing? As far as I know, there aren't any laws that say convicted felons (non-violent and violent) cannot live in an apartment community. That's something that management companies decide as part of the rental standards.

I do agree with you that blanket policies prohibiting those with certain criminal histories from renting are a bad idea (both morally and from a business perspective). Nadeen Green has written some really interesting articles on the topic from a Fair Housing standpoint that you would probably be interested in reading.

Here's a link to her most recent one, "Stealing a moment of your time..."

http://www.multifamilyinsiders.com/home/multifamily-blogs/stealing-a-moment-of-your-time.html
8298
written by Nate Thomas, December 22, 2011
Hello David, thank you for your question as well as response. First I did not see that this area in a way had been gone over in a different way before and i thank you for bringing that to my attention. Next to answer your question about laws where it is not a fair housing persay and convicted felons do not fall under this law there is something in the system of Florida which states: several Florida cities enacted laws that prohibit convicted sexual offenders from living within 2,500 feet of schools, parks and other places where children might gather. When you are talking about urban areas that is almost a half mile. Most multifamily units are built for convenience to the tenants. So, then the other question comes to mind is what happens when a new school is built and before the person was outside the 2500 feet and now they are inside of that area. To get what I am trying to do is to get people to look at this and look at their policies as well as check on the current laws in their areas to ensure that they are legal as well and protect themselves and company from possible legal actions. I am not a lawyer, so I always ask a lawyer that is on retainer are we legal? I like debate about things that alot of people do not want to tackle. I think it is good as somewhere these little actions cause people to think and hopefully something positive coems from it.
0
written by Amazed, December 23, 2011
Here is a case of someone whose lengthy criminal history was for "non-violent" felonies who stepped it up a little and murdered a couple in their own home. It always blows my mind when someone plays the "morally" card..... Really? Immoral to not take his word for it? http://www.lansingstatejournal...|FRONTPAGE
62
written by Brent Williams, December 23, 2011
Amazed, although that obviously happened, I don't think is fair to take one case (or any number that is statistically irrelevant) and make a blanket judgment on non-violent felons. Even people with no criminal history kill people, so I believe it is more important to look at the statistical differences for each group as a whole. Beyond that, in your example he had a long rap cheat, so it wasn't just a single incidence with pot, for example. I think there are a few other factors that probably need to be taken into account, rather than saying yes or no to all non-violent felons.
8522
written by Yoanna E. Giron, December 27, 2011
Unfortunately we may never know what a person is capable of doing or not doing. There are too many variables to consider. Negating someone the posibility of building a home that will nurture new habits is wrong to me personally. I would not like to be judged simply by what is on paper. There are many people that don't have criminal records but are terrible tenants.
feedSubscribe to this comment's feed
What Do You Think?


security code
Write the displayed characters


busy

Insider Blogs

Brandon Hollembeak The mobile payment revolution is beginning written by Brandon Hollembeak
  Jim Davoren of Apartments.com buying lunch from a food truck by swiping his credit card on an iPad. Chances are you've either heard of or seen mobile payments happening, as opposed to this time a year ago, when the conversations were just sta ...   (Read More)

Tashina Wortham 21 Ways to Show You’re Social [in pics] written by Tashina Wortham
Social Media is powerful—that’s pretty much recognized across the board. But a massive social following doesn’t just happen overnight (unless you're like Jeremy Lin or Madonna). Which is why it can be beneficial to promote your comm ...   (Read More)

Jeffrey Spanke "Rest in Peace, George Carlin." written by Jeffrey Spanke
Think of the resident that you hate. But I don’t hate anybody! I love what I do, and everyone is my favorite person in the world. I work in Moonbeam Twinkle Apartments, just under the mystical rainbow of Avalon, down the street from the chocola ...   (Read More)

Judy Bellack What does the Satisfacts Research survey on “All That Apply: ... written by Judy Bellack
NAA’s UNITS magazine published a Satisfacts Research survey in their April issue titled “All That Apply:  Residents’ Leading Marketing Sources.”  The web-based survey queried 34,000 apartment residents who had m ...   (Read More)

Brent Williams Fair Housing Does Have “Costs” And Should Be Part Of The Dis ... written by Brent Williams
I have a one year old daughter, so when I think about where I want to live, one of the major elements is simply whether there are other families with young children in the area.  So imagine me touring an apartment community and asking if there a ...   (Read More)

Read More Blog Posts