Rental Property Investor · Chicago, IL · Member since 2016 · 318 posts · 307 votes
Cook County makes it illegal to refuse to show or rent property to people with certain criminal records.
Looking for thoughts and advice from more seasoned landlords/ property management firms. Especially in urban markets.
Ever been faced with this issue? How do you screen without checking criminal history? even credit sites search criminal records as part of the credit search process. Ex. Transunion Smartmove
Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
7y
@Ibn Abney if you read the article carefully, you will notice that there are going to be nuances to this law. It does not say that you can't deny someone for certain types of criminal history. This is actually common sense. Would you rent to someone who drove with a suspended license one time? What about someone who had a misdemeanor 25 years ago? What about someone with a felony from 50 years ago? The answer is almost always... it depends. You need to look at the full picture anyways to see if someone could be a potentially solid tenant.
Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
7y
@Ibn Abney, unless one runs their background before showing a prospect a rental, how would one know they have a criminal record? Just because someone has tattoos all over their forehead, neck and hands, and wears gang colors does not mean they are a bad person. (Disclaimer: for those of us who have no sense of humor, this was an attempt at humor and no way should be construed as being in any way discriminatory.)
According to the article:
"It doesn’t apply to sex offenders or people who have a criminal conviction that, after an “individualized assessment,” shows that denial based on the conviction “is necessary to protect against a demonstrable risk to personal safety and/or property of others affected by the transaction.”
You'll have to obey your local laws, and do an 'individualized assessment'. We don't have such a ruling, so for us: no registered sex offenders, no evicted tenants, no domestic violence, no gun or gang violence FELONY CONVICTIONS. Of course, there is a MAJOR difference between an arrest or charge, and a conviction.
Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
7y
@Ibn Abney if you read the article carefully, you will notice that there are going to be nuances to this law. It does not say that you can't deny someone for certain types of criminal history. This is actually common sense. Would you rent to someone who drove with a suspended license one time? What about someone who had a misdemeanor 25 years ago? What about someone with a felony from 50 years ago? The answer is almost always... it depends. You need to look at the full picture anyways to see if someone could be a potentially solid tenant.
Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
7y
Am I the only one that finds an irony that having a felony does not have consequence of even affecting your housing choices yet I am suppose to be concerned about the repercussions of this ordinance. What they going to do? Give me a disappointed look? LOL.
Seriously, find another reason to turn down the applicant that has a conviction that concerns you. This is not rocket science.
We do not have that ordinance. We list no violent, sexual, or drug convictions and that we have the right to refuse to rent based on any felony conviction on our postings. Just placing this in the ad likely prevents some ex-criminals from applying. It clearly implies that we do criminal checks and are unlikely to pick a convicted felon over someone without a felony conviction. This implication and the $35/adult application fee should discourage felons from applying.
Unfortunately, I can see this type of ordinance as a possibility in CA in the future.
Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
7y
This is similar to not being able to deny section 8 as a form of income. You can't deny people because they have a voucher, but if you just so happen to get a market rate tenant first.... you get the idea.
@John Warren@Marc Winter May be alittle too early as @Corey D. McCray mention, but if Corporations can access criminal history for employment, then I feel Landlords should have the right as well. Even in legal cannabis states, companies and landlords can deny applicants for "following the state law".
@Dan H. I think the small guys like me will be fine. HUD dont have time to go after every body, but larger apartment portfolios will definitely feel the impact over the long term.