COMMON MISTAKES TO AVOID
One of the most common mistakes landlords make is applying screening standards inconsistently.
Other common mistakes include:
Using blanket exclusion policies Advertising “no felons” or similar language Relying on outdated screening policies Failing to understand local fair chance housing laws Ordering reports that may not be permitted in a particular jurisdiction
As criminal-screening laws continue to evolve, regularly reviewing policies and procedures is increasingly important.
STAYING COMPLIANT
Criminal history remains one of the most heavily regulated areas of tenant screening. The overall trend is clear: many jurisdictions are limiting the role criminal records can play in housing decisions and expanding protections for applicants with prior convictions. Before ordering criminal background reports or using criminal history in a rental decision, landlords should verify the requirements that apply to the property's state, county, and municipality. Documentation also matters. AAOA’s tenant screening platform now gives landlords the ability to confirm that they agree to view the criminal report, creating a timestamped digital paper trail that may help support compliance with applicable screening requirements. The goal is not simply finding the right tenant. It is finding the right tenant while staying compliant with an increasingly complex and rapidly changing regulatory environment.
NANCY ABRAMS Assistant Editor American Apartment Owners Association (866) 579-2262 nancy@aaoa.com
Nancy Abrams has enjoyed a long career in real estate marketing throughout Southern California and Las Vegas. She formerly represented 19 Merrill Lynch Realty branch offices, property managers The Roberts Companies, new home developers, including master planned communities Peccole Ranch and The Valencia Company and shopping centers for Sandy Sigel of NewMark Merrill.
Disclaimer: This article is provided for informational purposes only and is not legal advice. Laws governing tenant screening, criminal-history reports, fair housing compliance, and fair chance housing ordinances vary by jurisdiction and may change after publication. Readers should consult qualified legal counsel and verify current state and local requirements before making rental decisions or implementing screening policies.
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