fair housing act Archives - JDP https://www.jdp.com/blog/tag/fair-housing-act/ Employment Screening, Background Check Fri, 03 May 2024 18:46:18 +0000 en-US hourly 1 HUD Clarifies Discrimination Policies In Recent Guidance https://www.jdp.com/blog/hud-clarifies-discrimination-policies-in-recent-guidance/ Thu, 07 Mar 2024 14:51:23 +0000 https://www.jdp.com/?p=18494 March 8, 2024 The United States Department of Housing and Urban Development (HUD) recently offered significant clarification concerning the Fair Housing Act (FHA). According to the related guidance, landlords with policies that ban anyone with a criminal record from housing risk violating the FHA.  In the guidance, HUD explicitly stated, “The Fair Housing Act prohibits […]

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The United States Department of Housing and Urban Development (HUD) recently offered significant clarification concerning the Fair Housing Act (FHA). According to the related guidance, landlords with policies that ban anyone with a criminal record from housing risk violating the FHA. 

In the guidance, HUD explicitly stated, “The Fair Housing Act prohibits both intentional housing discrimination and housing practices that have an unjustified discriminatory effect because of race, national origin, or other protected characteristics.”

The FHA explicitly prohibits intentional housing discrimination. It also bans landlords from enacting housing practices that discriminate against individuals based on various traits without justification. Examples include a person’s national origin, race, and other protected characteristics.

HUD also commented on the prevalence of racial and ethnic disparities in the U.S. criminal justice system. According to HUD, African-American and Hispanic individuals disproportionately face housing restrictions. One statement from HUD specifically commented on this concern; “Arbitrary and overbroad criminal history-related bans are likely to lack a legally sufficient justification.”

The FHA does not ban housing providers from considering an individual’s criminal history. However, the Act requires landlords to follow a specific process when reviewing the information. Furthermore, the Act addresses arbitrary or overly broad bans when providing housing. Many interpreted this address to mean such actions will not have adequate legal justification.

The guidance also stressed the difference between arrests and convictions. For example, landlords cannot prove that denying housing due to arrests that did not end in a conviction will protect their property or residents’ safety. Even if an applicant has convictions, landlords must prove the necessity of policies that exclude these people. HUD stressed that maintaining a blanket ban barring anyone with criminal records will violate FHA.

Landlords must also prove how the policies do not discriminate. In addition, HUD commented on some policies that deny housing to those with convictions. The Department stressed how landlords cannot prove such policies are non-discriminatory. Examples include denials without considering when the conviction happened, the conduct involved, and what the individual has done since then.

Housing providers may consider the effects of an applicant with convictions involving violence. However, HUD encourages housing providers to review when the conviction occurred and what the individual has done since then. HUD expects it will provide more opportunities for those with criminal records to obtain housing.

Many hope this policy will improve fairness for those applying for housing. For example, the president and CEO of The Fortune Society in New York City voiced excitement about the guidance. She claimed they have fought against blanket discrimination for some time and hopes HUD will continue improving housing opportunities for those with records.

Disclaimer:
Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.

 

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]]> Government Argues to Hold Tenant Screeners Liable Under Fair Housing Act https://www.jdp.com/blog/government-argues-to-hold-tenant-screeners-liable-under-fair-housing-act/ Fri, 08 Dec 2023 17:25:37 +0000 https://www.pre-employ.com/?p=17766 Government Argues to Hold Tenant Screeners Liable Under Fair Housing Act December 08, 2023 The U.S. Department of Justice (DOJ) and Department of Housing and Urban Development (HUD) have co-filed an amicus brief with the U.S. Court of Appeals for the Second Circuit. In the brief, they argued that the federal Fair Housing Act (FHA) […]

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December 08, 2023

The U.S. Department of Justice (DOJ) and Department of Housing and Urban Development (HUD) have co-filed an amicus brief with the U.S. Court of Appeals for the Second Circuit. In the brief, they argued that the federal Fair Housing Act (FHA) could have held a background screening company liable. 

The Departments argued that a Connecticut-based court made an incorrect ruling. According to the court’s decision, the tenant screener did not make a final decision on rental decisions. The case concerns a lawsuit filed by a Connecticut-based nonprofit organization and two others against a tenant screening service. 

The Case

According to the plaintiffs, the tenant screening service violated the FHA through discriminatory use of criminal records. They also claimed it violated a Connecticut law that bars unfair competition and unfair and deceptive actions. In the litigation, the plaintiffs accused the screener of functionally making rental decisions on behalf of landlords, which adversely impacted the plaintiffs.

The case began in 2018 when the plaintiffs alleged that the defendant violated the FHA. According to the plaintiffs, a property management company denied an application from one of the plaintiffs to move into a property with his mother. This application occurred after he became disabled and lost the capacity to live on his own. He claimed that a dropped shoplifting charge from years before led to his denied application.

The plaintiff received permission to move into the property later. However, it happened after he filed a claim with the Connecticut Commission on Human Rights and Opportunities against the property manager. On July 20, 2023, a bench trial found the defendant liable for violating the Fair Credit Reporting Act (FCRA). However, it concluded that the FHA did not apply to the tenant screening service. This decision is because of the tool provided by the tenant screening service provider. This tool provided to the property management company did not make the final decision to approve or deny a housing application.

The Appeal

The plaintiffs appealed this decision to the Second Circuit, which led to the DOJ’s and HUD’s amicus brief. In this brief, they asked the court to remand the case. They also instructed the court to reconsider the defendant’s liability under the FHA. According to the brief, screeners should receive treatment similar to property insurers and appraisers. The amicus brief reminded the Second Circuit how the FHA held property insurers and appraisers liable if their decisions denied a prerequisite for housing.

It remains uncertain how this case will end. Regardless, it is a stark reminder for employers and landlords to thoroughly screen their applicants before making final decisions. One way to ensure they comply with background-checking regulations is by partnering with a trusted background screening company. The right provider will deliver accurate, timely reports to ensure companies make informed decisions.

JDP makes background checks easy and reliable. Keep your business compliant with new laws and regulations with Pre-employ’s reliable background checks. Contact a sales rep today.

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