Development of Criminal Screening Policies for Multifamily Housing

Does a property have to accept murderers, rapists, drug dealers, and pedophiles as residents? The answer is NO! But can you have a carte blanch policy of denying applicants due to a criminal record? Same answers – NO! Property owners may screen applicants for criminal behavior but must be careful in doing so – and must have clear and defensible policies relative to screening for past crimes. Poorly designed criminal screening policies may lead to disparate impact claims under federal or state fair housing law. This 1.5-hour discussion focuses on the Department of Housing & Urban Development guidance relating to the establishment of criminal screening policies and will lay out the standards that should be met when setting up such a policy. Topics to be covered include (1) why criminal screening policies are important; (2) how state and local laws impact criminal screening; (3) when to run the criminal record check; (4) the HUD guidance; (5) prohibited policies; (6) the types of crimes that should be subject to screening; and (7) the requirement for “individual assessments.” All owners and managers of multifamily housing – from affordable to luxury – will benefit from this in-depth discussion of this evolving area of housing law.