Proposed Tenant Check Points to Urgent Need to Work with Third-Party…

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Discrimination is something all landlords and property managers should be well aware of, especially to the unintentional discrimination often referred to as disparate impact.

In Brick, New Jersey, a recent proposal to conduct background checks on all tenants was put on hold due to fears of discrimination. Adam Almeida, President and CEO of TenantScreeningUSA.com, states: “The potential of discrimination is enough to challenge any well-meaning proposal to tenant check rental property residents, and a best practice remains for landlords and property managers to work with a well-qualified third-party tenant screening agency to stay ahead of potential and existing law.”

The fear of disparate impact legislation is enough to put proposals of tenant screening on hold and in the township of Brick this fear did exactly that: An inclusive tenant screening proposal was put on hold due to fears of discrimination.

From the Asbury Park Press, June 13, 2018:

Landlords and tenant advocates are pushing back against a proposal that would mandate criminal background checks of prospective renters in Brick.
The Township Council voted Tuesday to hold off on adopting an ordinance after nearly a dozen objectors spoke against the plan during a municipal meeting. The ordinance would require landlords to perform background checks on every adult interested in living in a long-term rental in Brick. (1)

The NAACP found the proposal in Brick to be potentially discriminatory against protected classes.

From Shorebeat.com (Jun 13, 18):

A proposed ordinance that would require Brick Township landlords to perform background checks on tenants prompted opposition from some property owners, but also concern from two leaders of the NAACP.

After a lengthy public hearing, the township council voted unanimously to table the ordinance so more research into its legality could be conducted. The ordinance would have required landlords to conduct background checks on all persons who would reside in a rented home. The background check would include criminal cases in municipal and superior court as well as disputes in landlord-tenant court. Officials touted the proposal as a way to better police troubled rental properties. (2)

Almeida adds: “Discrimination is something all landlords and property managers should be well aware of, especially to the unintentional discrimination often referred to as disparate impact. A best practice remains to work with a well-qualified third-party tenant screening agency to conduct all tenant background checks.”

TenantScreeningUSA.com is a third-party tenant screening company available to provide all the data and information a property manager requires in making a sound decision on a potential tenant. With a well-trained and highly dedicated staff, TenantScreeningUSA.com can conduct and compile all reference verification all while keeping data safe and secure.

Notes –
(1)    app.com/story/news/local/communitychange/2018/06/13/landlords-brick-plan-may-not-legal/695895002/
(2)    shorebeat.com/2018/06/naacp-leaders-question-brick-proposal-requiring-background-checks-for-tenants/

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