Michigan legislators have considered several bills that would increase the availability of affordable housing. House Bill 4878 is part of the “Renter’s Bill of Rights” package that is not progressing. Despite this delay, lawmakers recently heard testimony about a bill concerning criminal background checks for screening potential tenants.

House Bill 4878 would “prohibit landlords from requiring certain disclosures from certain applicants for rental units or taking adverse actions against certain applicants based on certain disclosures; to provide exceptions; to require the promulgation of rules; to provide remedies; to prescribe civil sanctions; and to provide for the powers and duties of certain state and local governmental officers and entities.”

Bill Effects

Passing this bill would prevent landlords from performing criminal background checks. It would also prohibit questioning an applicant about their criminal history. However, House Bill 4878 provides exceptions for federal law requirements or laws related to sex offenders. In addition, it would require landlords to follow a complex set of procedures. Failure to comply would subject them to civil liability and prosecution.

Advocates voiced concerns about the difficulty that individuals with criminal records have in obtaining affordable housing. As such, this bill could help improve these individuals’ ability to obtain housing. However, opponents argue that landlords should know about tenants and potential tenants. They believe this knowledge should include whether applicants have a criminal record. 

The Bill’s Necessity

Discrimination against individuals with criminal records during tenant screening has made it difficult for these people to obtain housing. This discrimination has led to many individuals struggling to achieve economic stability as well. The current law allows landlords and housing managers discretion when conducting tenant screening.

This ability often results in strict policies that screen out people with criminal records who would otherwise be good tenants. These policies also made it challenging for previously incarcerated individuals. The struggle to acquire housing significantly increased the likelihood of them becoming homeless. As such, recidivism grew more likely.

 Supporters hope House Bill 4878 will reduce the difficulty people with a criminal record have in obtaining affordable housing. If it passes, it could help many Michigan residents since almost one in three have a criminal record.

Landlords and housing managers should prepare in case House Bill 4878 passes. One way to prepare is by reviewing and updating policies as needed, ensuring they avoid potential criminal and civil penalties. Working with a trustworthy background check company can also ensure compliance. The right partner will provide accurate reports compliant with federal, state, and local laws.

Background checks are made easy with JDP. Ask any questions you may have and learn more by contacting a sales rep today.

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Michigan drivers working for a major ride-share service company have recently faced challenges trying to work. This complication is because the company has struggled with significant delays in background checks. According to the company, it conducts annual screenings on its drivers to ensure they may continue working. 

However, Michigan’s new Clean Slate Law has incited delays. This law has caused a backup in the court systems that make background checks go through. The Clean Slate Law took effect in April, expunging thousands of criminal records for eligible Michigan residents. 

How the Law Would Work

The law meant to improve education, employment, and housing opportunities for individuals with eligible offenses. However, it applies only to those who have remained crime-free for the required period. The waiting period for eligible misdemeanors is seven years, and for eligible felonies is ten.

Lawmakers expect this law to help many Michigan residents expunge their past offenses. Statistics revealed that over one million residents should benefit from the automatic expungements. However, those who do not qualify can still remove their records. They must use the traditional expungement process if they meet the requirements.

In some counties, the public has lost access to online court records since the law took effect. As such, individuals and companies have struggled to search for relevant court documents. The courts explained that removing access to the public record searches helped the court systems. This removal prevented private information from leaking to the public while court employees reviewed thousands of cases to determine which qualified for the new law.

Potential Changes

As such, the clerk’s office will process any requested records while the cases undergo review. They have acknowledged the inconvenience this may cause and stated their appreciation for everyone’s continued patience. Unfortunately, they have not set a date for when they will finish reviewing eligible cases. This uncertainty means it remains unclear when the public will reaccess the public search system.

Not all businesses have had difficulty conducting background checks. However, larger companies requiring more background checks may struggle to meet the demand. Closing access to these searches could also have devastating consequences for workers depending on these background checks.

This issue clearly illustrates the importance of fast and accurate background checks for employment. Employers should consider working with a trustworthy background screening provider to mitigate the stress. The right provider will use their experience to provide a streamlined solution that meets employers’ growing needs. The vendor will also consistently deliver compliant and accurate reports to ensure companies make educated hiring decisions.

Looking to easily verify your employment qualifications? Contact a sales rep today about switching to JDP background checks.

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