Why Was The Applicant Rejected?

Question

I work with my local Community Youth Services program providing 2 apartments for them and I do seminars for kids at risk preparing to enter the rental market.  One of the client counselors sent me this question this week.  I'm interested in your thoughts!  Thanks for your input!

"We have a youth who just applied for an apartment after graduating our program.  After doing some research I’m just interested to know from a landlords perspective if it was a fair denial or not.

The landlord stated that they denied them because of their background check. They have one misdemeanor of theft from 2013, and their Grandparents have a restraining order against her. Neither of these things show up on my side of the background check.  Would either of those two things disqualify her for an apartment?"

Thomas S. · Answer

As a landlord I mitigate risk and decide on accepting or rejection based on all the data collected. I personally would not rent to the applicant in question and in my opinion the landlord was right in doing so as well.

Landlords are not in the business of helping out anyone at risk. Our goal is to reduce our risk not increase it by accepting applicants with a proven bad track record. Some people can afford to give others a second chance. Landlords should know better than to exercise that luxury.

Thomas S. · Answer

But as landlords we do not need to care about the reasons or details. We are not social workers and do not have the expertise to evaluate the individuals future behaviour only their past. Why should we care and bother wasting time on a applicant that has proven they are of high (higher) risk.

Account Closed · Answer

@Curtis Bidwell Yes, this was a fair denial.  People with criminal backgrounds are not a protected class.

As long as this landlord applies that criteria to all applicants, it's not illegal discrimination.

A landlord's job is to discriminate.  He just can't discriminate against a protected class.

James DeRoest · Answer

Errr that "restraining order" business. So....the applicant has been such a pain the ass to someone that they required court intervention - and I'm meant to ask that person to pay me each month? Not happening.

Account Closed · Answer

Well said.  It's also a matter of minimizing risk.  You're looking for a tenant who will most likely pay on time, but who will also get along with the neighbors and not cause problems themselves, or have friends who visit who cause problems or damage.  Because then the good tenants may move out.  You minimize financial and liability risks as best you can with the best screening you can legally use.

Account Closed · Answer

Thomas S. I agree.  She'll have to find a landlord who can't get better tenants.  It won't be in the most desirable part of town.  But, that's the consequence.  Given enough time and lots of good behavior, she'll be able to eventually improve her situation.

Curtis Bidwell · Answer

Thanks for the input today!  Many of your thoughts mirrored my own response:

This really depends on what that landlord’s criteria is.  They may give a generic answer such as ‘background check’ but not disclose exactly what the issue they were specifically concerned about in order to avoid appearing discriminatory.

My guess is it is the restraining order which implies physical threat.  The landlord will likely not want someone prone to solving problems through physical assault whether with themselves or other residence. Landlords often try to see who will be the best fit for their unit -but obviously have to be careful of not violating fair housing laws.

Roy N. · Answer

@Curtis Bidwell

Interesting question.   The restraining order would be of more concern to me than the misdemeanor, and would require an corroborated explanation, but neither would likely disqualify their eligibility for tenancy on their own.

Here in Canada, if the misdemeanor occurred while the applicant was a minor, it would not show in a criminal background check.

Account Closed · Answer

I wonder why your background check source doesn't show this information. You could have better prepared her for the landlord's interview and got some extra consideration.

Roy N. · Answer

We cannot request a criminal background check ourselves, but you can ask an applicant to request one and authorize the results to be shared with you (even then what is shared is minimal).

I have done this with a volunteer organisation, which is where I learned the process.   As a landlord, we have asked only twice that an applicant request a criminal background check and both times they withdrew.

Past evictions have become more difficult to determine here as well - a side effect of more stringent privacy law.   It is unlikely the Office of the Rentalsman will tell you.  Agencies such as RentCheck and TVS do track evictions and late/missed rent payments, but only from previous landlords who use the service and bother to report.

Why Was The Applicant Rejected?

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