NJ issues notices to 25 landlords claiming they discriminated based on criminal records

by Megan Burrow - NorthJersey.com

New Jersey issued notices to 25 landlords across the state it claims illegally denied housing to applicants based on their criminal history, state Attorney General Matthew Platkin announced this week.  

The state Division on Civil Rights alleges the landlords violated New Jersey’s Fair Chance in Housing Act by asking criminal history-related questions on housing applications that are against the law, by stating to potential applicants that they would not consider applicants with prior criminal records, or by posting housing advertisements or maintaining housing policies that do not comply with the housing act.

Read more: https://www.northjersey.com/story/news/new-jersey/2024/09/20/nj-notifies-landlords-they-discriminated-based-on-criminal-records/75308480007/

FTC Says TruthFinder, Instant Checkmate Deceived Users About Background Report Accuracy, Violated FCRA While Marketing Reports for Employee and Tenant Screening

Press release from Federal Trade Commission

The Federal Trade Commission will require background report providers TruthFinder and Instant Checkmate to pay $5.8 million to settle charges that they deceived consumers about whether consumers had criminal records and that the companies violated the Fair Credit Reporting Act (FCRA) by operating as consumer reporting agencies while, among other things, failing to ensure the maximum possible accuracy of their consumer reports.

“Companies that compile personal information and sell background reports are on notice: Don’t make false claims about the contents of your reports,” said Samuel Levine, Director of the Bureau of Consumer Protection. “And, if you market your reports to be used to screen tenants or employees, you are a consumer reporting agency and you must follow the requirements of the FCRA.”

Read more: https://www.ftc.gov/news-events/news/press-releases/2023/09/ftc-says-truthfinder-instant-checkmate-deceived-users-about-background-report-accuracy-violated-fcra

Tenant background check reports: Put it in writing

by Amanda Koulousias - Federal Trade Commission

As a landlord – or property manager or other housing provider – you may run background checks on prospective tenants. These reports can include rental and eviction history, credit history, criminal records, and more. Background checks from consumer reporting agencies are consumer reports and under the law you have certain responsibilities when it comes to using them. For instance, you can get a consumer report only if you have a permissible purpose – and you may not use the consumer report for another reason.

Read more: https://www.ftc.gov/business-guidance/blog/2023/07/tenant-background-check-reports-put-it-writing

Hearing draws support for rent stabilization and ‘ban the box’ for housing

by Evan Popp - Beacon

In response to the state’s dire affordable housing crisis, advocates urged lawmakers Monday to pass a bill to stabilize rent prices and reform tenant termination laws along with a measure to prevent landlords from using a criminal record to deny housing to someone at the beginning of an application process. 

The measures — part of a litany of housing-related bills being pushed this session to better protect tenants, address chronic homelessness and spur the development of affordable housing — come as the crisis in Maine threatens to spiral out of control. Rental prices are skyrocketing and evictions are spiking. Furthermore, there are around 15,000 people on waitlists for housing vouchers in the state, 40% of Maine renters are considered cost-burdened, homelessness is on the rise and there is a shortage of about 20,000 affordable housing units. 

Read more: https://mainebeacon.com/hearing-draws-support-for-rent-stabilization-and-ban-the-box-for-housing/

Third Circuit Decision Provides Post-Transunion Guidance on Informational Injuries and Ascertainability

by McGuireWoods LLP, Michael Brody, Diane Flannery, Bryan Fratkin, Andrew Gann, R. Trent Taylor - JD Supra

In Kelly v. RealPage, Inc., the Third Circuit held that a small subclass of consumers could proceed on their class action against RealPage based on the company’s failure to provide them with required third-party information in credit reports. In issuing the decision, the court is one of the first Circuit Courts to squarely address the scope of what constitutes an “informational injury” in the wake of the Supreme Court’s recent decision in Transunion LLC v. Ramirez, 141 S. Ct. 2190 (2021).

Read more: https://www.jdsupra.com/legalnews/third-circuit-decision-provides-post-8785925/

NYC Council bill would ban landlords from checking tenants’ criminal history

by Paul Liotta - Staten Island Advance

STATEN ISLAND, N.Y. — Members of the New York City Council and housing-rights advocates renewed their push Thursday to end landlords’ ability to check their tenants’ criminal histories.

Proposed legislation, known as the “Fair Chance for Housing Act,” failed in previous council iterations, but had 29 co-sponsors in the City Council, enough for a majority, according to the bill’s prime sponsor, City Councilman Keith Powers (D-Manhattan).

Read more: https://www.silive.com/news/2022/08/nyc-council-bill-would-ban-landlords-from-checking-tenants-criminal-history.html

Pending legislation would curtail criminal background checks for renters

by Colleen O’Dea - NJ Spotlight News

New Jersey lawmakers and social-justice advocates launched a push Tuesday for legislation to help the formerly incarcerated rent an apartment by curtailing the ability of landlords to deny housing to some people based on their criminal histories.

The Fair Chance Housing Act, embodied in S-250 and A-1919, is an effort to “ban the box” that asks whether a person has been convicted of a crime on housing-rental applications. The bills would still allow a landlord to ultimately deny renting to someone with a criminal record based on certain criteria and if the landlord has a “substantial, legitimate and nondiscriminatory interest” in doing so. But failure to follow the law would subject a landlord to penalties.

Read more: https://www.njspotlight.com/2021/04/nj-legislation-criminal-background-checks-renters-application-discrimination-fines-for-landlords/

Five Things You Should Know About Tenant Screening

by David Anthony and Sarah Crandall - Troutman Pepper

If you have ever leased an apartment, house, or storefront, you have probably agreed to a background check or asked the applicant to do so. What you may not know is that the process of looking into someone’s background is regulated by state, local, and federal law. Here are five points any landlord, tenant, or screening agency should know about tenant screening laws.

Read more: https://www.jdsupra.com/legalnews/five-things-you-should-know-about-81451/

Berkeley could ban criminal background checks in rental housing

By Natalie Orenstein - Berkeleyside

“Have you ever been convicted of a felony?”

For most prospective tenants in Berkeley, the question is a routine one, a quick “No” box to check on a housing application, in between the sections on employment history and personal references. But for residents who’ve been incarcerated, they know their “Yes” answer likely guarantees their application is destined for the recycling bin.

For years, the “Ban the Box” movement has pushed to prohibit employers from conducting criminal background checks on job candidates. Now several elected officials and a coalition of activists want Berkeley to become a rare city that prohibits the practice during the rental process too.

Read more: https://www.berkeleyside.com/2019/11/12/berkeley-could-ban-criminal-background-checks-in-rental-housing

Due Diligence: It Applies Equally to Properties and Prospective Tenants

by Alex Hemani - Forbes

You wouldn’t invest in a property without first investigating the premises, comps and details of the deal. So don’t count on the performance of that investment without conducting some due diligence on the people who will be providing the revenue: your future tenants.

Thorough tenant screening is critical to protecting your investment, helping you treat everybody equally and avoiding a potential fair housing inquiry or violation. Large property owners do it, and singe-family rental owners should too, especially since people who know they have a credit or rental history problem will look for properties from independent investors hoping you won’t check to find out the sordid details.

There’s no way to be certain whether a tenant-landlord relationship will work out, but that doesn’t mean you should simply flip a coin or “go with your gut.” People who seem personable and responsible in an interview can turn out to be difficult renters. Giving somebody a break could mean they just became your newest charity case, or reveal a pattern of inconsistent decisions you’ve made that could lead to a fair housing complaint. That’s why you have to perform your due diligence on people you are considering renting to, just like you would on a property you are considering buying. Fail to do so, and you increase your risk and jeopardize your rental revenue stream.

https://www.forbes.com/sites/forbesrealestatecouncil/2019/08/27/due-diligence-it-applies-equally-to-properties-and-prospective-tenants/#6583268f6578