Can Landlords take into account the criminal background of applicants as part of their screening criteria without violating fair housing laws?
This latest HUD guidance does confirm that there is one “safe harbor” available to landlords: If a landlord uses criminal background checks and only excludes applicants who have been convicted of the illegal manufacture or distribution of a controlled substance, a landlord will not run afoul of fair housing laws.
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The guidance warns, however, that the exclusion is only for manufacture or distribution (making or selling) controlled substances and does not extend to other drug-related crimes such as use or possession.The landlord must prove that the use of the criminal background checks actually accomplishes the business objective.) The HUD memo goes on to state that in order to meet this burden when a Landlord’s policy has a disparate impact, Landlords must consider the following: In other words, according to HUD’s General Counsel, if a landlord is going to use criminal records as part of the screening criteria, the policy must be narrowly tailored.The guidance goes on to state that even then a landlord would still need to prove that this “tailored” policy is necessary to serve a “substantial, legitimate, nondiscriminatory interest.” In order to do this, a landlord must be able to show that its “tailored” use of criminal background checks “ So what does this all mean?When they enter the bedroom we are all eating each other.Then the ladies have me suck each cock, and the guys shoot cum all over my face.