CRIMINAL RECORDS IN TENANT SCREENING: WHAT YOU CAN AND CAN’T USE Tenant screening has become increasingly complicated as states and local governments adopt fair chance housing laws that limit how criminal records may be used in rental decisions. Criminal background checks remain a common screening tool for many landlords, but the rules around when and how they can be used have changed significantly. Some jurisdictions prohibit landlords from considering certain criminal records, while others restrict when criminal history may be reviewed or how it may factor into a rental decision. For housing providers, understanding these restrictions is essential. A screening practice that is legal in one city may be prohibited in another.
Note: At the time of this writing, the laws discussed below were generally in effect in the jurisdictions referenced. Because fair chance housing laws and tenant- screening regulations change frequently, landlords and property managers should verify current requirements before relying on any criminal-history screening policy or report.
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