Real Estate Investor · tranbuco cyn, CA · Member since 2008 · 14 posts · 0 votes
Really quick, is anyone familiar with the law when it concerns performing a criminal background check for potential renters? I've run into problems personally, and the legality of the denials I've received seems rather flimsy at best. For the record, it is a 1 year old 2nd degree Robbery charge. Thank you to any and all that can help out.
Funny thing how when you are a thief, your past behavior makes problems for you in the future.
I sure wouldn't rent to you. You are a felon, so you aren't a protected class. You should have thought of it before you stole. Your behavior has consequences. Nobody wants to trust you after you have provided proof beyond a shadow of a doubt that you aren't trustworthy.
There's a lot to be said there, and I can't blame your response, nor will I try to defend myself. Sorry, forgot the internet is serious business. Anyone else like to take a pot shot at me? Any answers as to the legality of this practice would be great.
I cannot specifically address CA law, but fundamentally, your criminal record is public...and for a reason. AFAIK, anyone can obtain basic info on anyone for any purpose from any court in the land. It is public information. Arrests, convictions, divorce, name changes, bankruptcy, etc. is all readily available, especially in larger metro areas where records are computerized. Typically, you can walk into the courthouse and log into a public access terminal and get records for that jurisdiction, searching by name or case number. You may or may not be able to actually review reports and documents pertaining to the individual in question, in addition to the basic details.
And, as the previous poster mentioned, regarding Fair Housing discrimination actions, "felon" is not a protected class, so if I choose to not rent to a felon, that is not a violation of Fair Housing.
Rent controls or other local laws and ordinances are just that, Local, and you need to review the enabling authority for specifics.
As a PM, I routinely run background checks on all applicants, and our policy is that not only will we not rent to someone with felony arrests, we will not rent to any violent offenders, drug offenders, sex offenders, GTA or petty thieves either! Recent DWI? Sorry, denied. TRO? denied.
Don't worry, though. There are plenty of inexperienced landlords that will take the chance and rent to you. In fact, most don't do criminal checks. Of course, they aren't following this forum...
Ditto here. I don't take anyone that has a felony within the past 5 years or has been out of prison for less than 5 years. Not a good risk. You are not a VICTIM! Your victim in the robbery was the victim. Trust is EARNED, not bestowed.
The key here is to get on the straight and narrow and stay there. People will start to rent to you; give you a job; and treat you normally if you can stay straight over time. It won't be easy, but you are responsible for your actions.