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ARTICLE · 03 NOVEMBER 2014

Criminal Background Screening And Fair Housing

Fox Rothschild LLP
Fox Rothschild LLP
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It is a standard part of our business practice in today’s world that professional apartment management implement a background screen for all applicants for housing.

United StatesReal Estate and Construction

It is a standard part of our business practice in today's world that professional apartment management implement a background screen for all applicants for housing. The background screen typically has criminal, income, and credit components. An issue that comes up from time to time is what to do about applicants and/or residents with criminal histories. HUD regulations make clear that management companies are permitted to develop and enforce guidelines that we believe are in the best interest of our employees, our property, and our other residents.

Some criminal issues are easy: applicants with a history of crimes of violence, drug use, or sexual misconduct are simply disqualified. Many other offenses are in a gray area and management companies typically work from a list of offenses as to what may, or may not, disqualify an applicant from living in a given apartment community. Another related factor is just how far back can management look into the past of an

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