The HUD notice emphasizes that certain protected groups of applicants are more likely to have negative criminal records, to have been evicted, and to have poor credit history. Based on these disproportionate statistics, the HUD notice instructs that housing providers should mold their admission criteria, or make exceptions to that criteria, when an applicant’s individual circumstances warrant it. The concept of a rigid, consistent application of an established criteria is no longer acceptable per this HUD notice.
A RIGID, CONSISTENT APPLICATION OF AN ESTABLISHED CRITERIA IS NO LONGER ACCEPTABLE.
• Was the criteria customized by the management company, or was it a “stock” criteria created by the screening company? • Are the questions/criteria relevant to whether an applicant can pay rent and/or comply with the community’s rules? • Is an income requirement or credit history important when an applicant’s rent payment is being subsidized by someone else? (If you said yes, HUD says “think again!”) • Does a past negative record legitimately reflect on the applicant’s current circumstances? How can you ensure your policies comply? First, look into the criteria and questions posed during the screening process.
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