Should Landlords Be Banned From Inquiring About Your Criminal Background?

Have you ever been denied by a landlord simply because of your criminal background? It is an unfortunate reality that many tenants have to face while looking for a place to live. The good news is that some cities and states have passed laws that restrict landlords from inquiring or discriminating against tenants based on their criminal records. But should landlords be banned from asking about criminal backgrounds altogether? Let's take a closer look and explore the pros and cons of such a law.

First and foremost, the purpose of such a law is to eliminate discrimination against people with criminal records who are trying to find a home. It can be frustrating for someone who has paid their dues, completed their sentence, and is trying to move on with their life, only to be constantly denied by landlords. Moreover, denying rental housing based on criminal convictions can have far-reaching negative impacts on an individual's life, such as the inability to find a job, cause financial instability, and impact overall mental health. Therefore, banning landlords from inquiring about criminal records makes sense, as it allows for people to move forward with their lives without being continuously stigmatized.

However, there are valid concerns against such a law. Without background checks, landlords can expose themselves and their property to potential issues, such as property damage or violent crimes. These concerns become more evident when dealing with violent or sexual offenders who may pose a threat to the community. Besides, some landlords may refuse to rent to someone with a criminal record, simply because of the perceived risks and uncertainties, rather than a discriminatory mindset. In such cases, banning landlords from asking about criminal backgrounds may do more harm than good.

That said, the primary concern is often that landlords may discriminate against individuals based on their criminal record unfairly. According to a study conducted by the National Employment Law Project, over 70 million Americans have a criminal record that could carry legal barriers to employment or to housing. Likewise, African Americans and Latinos are disproportionately affected by criminal justice system systems, making them more likely to have a criminal record, hence face housing discrimination. Therefore, while the intent may not always be discriminatory, the outcome is inherently biased.

In contrast, some landlords may take a fair, nuanced approach by looking at the specifics and age of the criminal offense before deciding whether to rent out their property or not. However, many landlords who want to protect their property may automatically deny applicants with criminal records, regardless of the situation. These landlords feel that they should have the autonomy to decide who they want in their property even as it's against the Fair Housing Act, prohibiting housing discrimination based on race, sex, religion, national origin, familial status, and disability.

Conclusion:

The nature of the housing market makes it challenging to take a definitive stance on whether landlords should be banned from inquiring about criminal backgrounds. While there is merit in preventing discrimination against people with criminal records, there is also a need for landlords to safeguard their property. To strike a balance, some advocates propose that landlords should conduct individualized assessments that take into account the specifics of each case, emphasizing when the conviction occurred, the crime committed, and a demonstration of rehabilitation.

With such an approach, landlords may have the best of both worlds protecting themselves while eliminating unnecessary discrimination against people with criminal records who are genuinely trying to move on with their lives. Looking to learn more about tenant criminal background check? We have an informative guide available at ezLandlordForms that will provide you with all the details you need. Take a look and become an expert in no time!