This month’s blog piece is a follow up to our discussion on Avoiding Mistakes when Purchasing Real Estate. Previously we detailed how real estate professionals are prohibited from discussing the nature of any possible criminal activity, crime trends or crime statistics closely associated with a property for sale. A current bill before the New York City Council would now prohibit real estate agents from obtaining or requesting a criminal records history for prospective tenants. This new bill and potential law was detaied in a recent New York Times article called, New York City May Ban Tenant Criminal Screening https://www.nytimes.com/2022/08/09/nyregion/criminal-background-checks-nyc-housing.html written by Mihir Zaveri.
According to the proposed bill and the Times reporting, a potential tenant who believes they have been discriminated against because of a criminal record could file a lawsuit against the landlord and file a complaint with the Commission of Human Rights. The question all New York homeowners, renters, property owners and managers must ask themselves is, do I want to live with someone convicted of being a rapist, arsonist, in possession of deadly weapons, a gang member or habitual criminal? Are the risks of banning these inquires too high to protect prospective tenant privacy?
As licensed investigators, Integrated Security Services has been conducting background checks for property owners for close to 30 years. It is our opinion that there are always certain crimes and criminal behavior that by the nature of the offense alone creates significant risks to property owners, residents, visitors, and staff. While no one would argue that everyone deserves access to fair housing and second chances, this right to privacy rule must be balanced with the security and safety concerns of current residents whose rights must come first.
Mr. Vito Signorile, Vice President at the Rent Stabilization Association stated, a similar bill was introduced to the city council last year but was voted down due to tenant concerns about their safety, and rightly so. Frank Ricci, executive vice president of the Rent Stabilization Association states, that if there is no modification, the bill “puts criminal privileges against resident safety.” Should this bill get passed and become law, property owners and managers can expect numerous civil lawsuits stemming from injuries and losses associated with known criminals using apartments to run their criminal enterprise. In fact, once residents become aware that they are living under the same roof as dangerous convicted felons, this could lead to residents withholding rent, moving out and/or using social media to voice these housing conditions which could directly impact the property and brand.
Most property managers are experienced in assessing potential candidates for apartments rentals. There are credit/financial obligations record searches, security deposits and personal references that are standard pre-lease requirements. Most property managers are trained to avoid potential civil rights violations or lawsuits by using best industry practices and tools that prevent discrimination and provide candidates with full transparency and access. Since this proposed bill has not yet been enacted, property owners still maintain the right to question and investigate criminal histories.
Summary
The essence of this bill would provide the opportunity for New York City residents with past criminal histories access to proper housing and at the same time improve the burgeoning homeless issues facing the city. The major’s office agrees with the proposed legislation and studies have shown that incarcerated people are more likely to be discriminated against and ultimately resort to more criminal activity and increase the homeless population.
The investigative staff at Integrated Security Services agree that this is a very sensitive issue which needs to be studied closer before it becomes law. At Integrated Security Services, we understand that a criminal history search is limited in scope, however an integral part of the background screening process. Under no circumstance should a criminal conviction alone disqualify a person’s access to affordable housing. That said, criminal convictions should not be overlooked and evaluated along with other character requirements such as good credit, steady employment, favorable character references, etc. While this bill will be debated over the course of the next couple of months, rest assured our investigative team will always be available to assist property owners and managers navigate through these confidential matters offering timely and discrete solutions that keep you informed.
To speak with an investigative specialist you can call toll-free at 888-809-9119 or contact us through our website at www.intesecurity.com
Footnotes:
Zaveri,M, New York City May Ban Tenant Criminal Screening, New York Times, august 10, 2022.
