As a landlord, you probably consider the tenant screening process one of your top priorities. With nearly one in three U.S. adults with a criminal arrest record, it's important to protect your assets by completing criminal background checks on applicants.
D.C. landlords find navigating D.C.-specific laws and regulations rather daunting as the regulatory environment constantly evolves. Staying fully compliant with D.C. tenant screening laws protects the landlord from being exposed to legal liability.
Understanding tenant criminal background checks can protect your assets. Keep reading as we lay out the essential steps of background check services and tips for Washington, D.C. landlords.
Legal Requirements for Tenant Screening in D.C.
Any rental application criteria checklist includes a criminal background check. Landlords and property managers must comply with the Fair Criminal Record Screening Amendment Act (FCRSA). Landlords are prohibited from early-stage inquiries into specific types of criminal histories when screening applicants.
These include arrests that did not result in a conviction and non-violent offenses committed more than ten years ago. Once an applicant has conditional acceptance based on income verification and reference validation, the FCRSA allows a comprehensive background check.
Landlords can only consider convictions that occurred within the last seven years minus the time spent incarcerated. Such offenses must pose legitimate threats if they happen within the rental unit.
Steps to Conduct a Criminal Background Check
Lease agreement safety involves completing the steps of a criminal background check. The steps to follow include:
- Collecting necessary information from applicants.
- Choosing a reputable tenant screening service.
- Submitting a written request for a background check and getting consent.
- Asking clarifying questions.
- Consulting the previous landlord.
Through this process, the landlord can weed out applicants until there are only a few left. Landlords must be consistent and have the same requirements for all applicants.
Interpreting Criminal Background Check Results
Criminal background checks allow landlords to look at the results and do a tenant reliability assessment. What information is included in a criminal background check?
Records come from thousands of national databases which include 94 federal court records as well as state and county records. The background check gathers and synthesizes the information.
After looking at the results, landlords evaluate the relevance of criminal records, according to FCRSA.
Best Practices for Landlords
To protect themselves from legal liability, landlords should develop a written tenant screening policy and apply it to all candidates equally. Another good practice is to document the screening process and show each step with the results.
Once the information is gathered, it should be securely stored to protect the applicant's privacy.
Tenant Criminal Background Check
Now that you know how to do a tenant criminal background check, you'll be sure to stay compliant with fair housing laws and land the best tenants. Include all the crucial elements of tenant screening and stay within the legal boundaries in Washington, D.C., when filling vacancies.
Do you know who can help you with all your tenant screening processes? PMI D.C. Metro is a full-service real estate asset management company. In addition to tenant screening, we handle property maintenance, rent collection, and more. Contact us today through our website or by calling 202.742.9797.
