Criminal History

Bad Cat sizedCaution must be used when denying tenancy on the basis of the criminal history of the applicant.  HUD recently issued guidelines which indicate that a blanket policy denying tenancy if the applicant has any criminal history would be considered a violation of the Fair Housing Act.  Instead, any landlord who denies tenancy based on criminal history must take into account the type of crime as well as when it occurred and must be able to show that any screening policy regarding criminal history, “is necessary to achieve a substantial, legitimate, nondiscriminatory interest of the provider.” In addition, HUD disapproved the practice of denying tenancy based only on an arrest-without-conviction basis because arrests are not proof of guilt.

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There are no warranties, express or implied, including fitness for a particular purpose, made with respect to this communication. Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should obtain the advice of an attorney well versed in these matters.

About Coldwell Banker Bain Property Management

As residential property managers for Coldwell Banker Bain Property Management Division, we manage single family residences, individual condominium units and small apartment complexes in the greater Puget Sound region. We serve Seattle, Tacoma, Anacortes, Marysville, Bainbridge Island, Lynnwood, Everett, Redmond, Bellevue and many other cities in Washington State. We also offer full service commercial property management services.
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