Background Checks...

[wendys8861]

What is the name of your state? CA

Is it legal for apartment complexes to do criminal background checks on prospective tenants?

I live in a nice complex, but there have been a rash of break-ins lately. I believe that certain tenants are involved, although I can't be certain.

Bottom line... Can someone point me to a resource where I can determine if it is legal or illegal to consider a "criminal background" as grounds to deny someone the right to rent an apartment? Are "criminals" one of the "protected classes?". Don't tenants have the right to be safe in their homes?

Any help is greatly appreciated!

Thanks.What is the name of your state?

 

[acmb05]

What is the name of your state? CA

Is it legal for apartment complexes to do criminal background checks on prospective tenants?

I live in a nice complex, but there have been a rash of break-ins lately. I believe that certain tenants are involved, although I can't be certain.

Bottom line... Can someone point me to a resource where I can determine if it is legal or illegal to consider a "criminal background" as grounds to deny someone the right to rent an apartment? Are "criminals" one of the "protected classes?". Don't tenants have the right to be safe in their homes?

Any help is greatly appreciated!

Thanks.What is the name of your state?

sure its legal

 

[Cvillecpm]

Criminal background checks are easy to do and are COSTLY and would probably not stop the break-ins in the apts....stronger/more exterior lights, cutting back bushes, making residents aware of the situations and LOCKING DOORS would be better options for residents to assist in this situation.

You could call your local police dept and ask for a community service officer to come educate residents and start a neighborhood watch....having police establish a sub-station at the property would be the BEST solution.

 

[acmb05]

Criminal background checks are easy to do and are COSTLY and would probably not stop the break-ins in the apts....stronger/more exterior lights, cutting back bushes, making residents aware of the situations and LOCKING DOORS would be better options for residents to assist in this situation.

You could call your local police dept and ask for a community service officer to come educate residents and start a neighborhood watch....having police establish a sub-station at the property would be the BEST solution.

Community Watch= A lookout for the thieves so they will know when someone is coming.

Criminal checks are not that costly and they can require the tenant pay for it. Some courts now have public computers where you can go in and do a search on someone for nothing. This will only cover the County you are in but it's better than nothing.

lights would last about 1 day before they were broken out.

 

[Cvillecpm]

Ace - CA has a MAX amount landlords can charge for tenant screening of $30....if credit and criminal cost more, the landlord eats it which is WHY most landlords of multi-unit properties DO NOT run criminal and rely on application and credit screening to catch undesirables.

Also, once they start doing criminal, they must do for ALL applicants.

 

[acmb05]

Ace - CA has a MAX amount landlords can charge for tenant screening of $30....if credit and criminal cost more, the landlord eats it which is WHY most landlords of multi-unit properties DO NOT run criminal and rely on application and credit screening to catch undesirables.

Also, once they start doing criminal, they must do for ALL applicants.

If it costs you that much to do a criminal and credit screening then you have the wrong people doing it. I pay $4.95 for a criminal check on someone and costs me a whopping 2.95 for credit. So for less than 10 bucks I am covered. Hell for 12.95 I can get a copy of your cell phone bill for the last 3 months if I wanted it. This would include incoming and outgoing calls.

You have to search the net to find the best deals. There is no reason it should cost anywhere near 30 bucks to screen a tenant.

 

[CA LL]

Just to clarify..the max you can charge is NOT $30 in CA and hasn't been that number since about 1997. Each year it goes up with CPI and is somewhere just under $38 as of this January (number not on top of my head). That being said..most LL's don't charge that max...

The criminal checks that you pay for are often times EXTREMLY unreliable in CA because MANY courts do NOT have records available online or reported to 3rd party databases. Checking one county is useless as most tenants have lived in or near multiple counties and even states over the course of their rental history.

I do my own criminal..in person at OC CA courts...because what little records are now online are NOT complete and only go back a few years.

I also check every nearby county if available online and other states/counties that show up in their history. I have used "pay" services only to discover they missed MAJOR items..even those who promise to send someone in person to do the checks county by county.

YES it is legal to do criminal background checks on applicants as long as:

1) You have signed permission to do so
2) You run checks on ALL applicants equally..you do not just pick and choose "certain" applicants to run it on.
3) That you are consistent with your criteria as to what is "not allowed" vs allowed. The safest is felony convictions. HOWEVER I go for crimes against property/persons and/or "unsettled" criminal backgrounds (running from law/fugitive, etc).

That being said...breakins in rentals are often persons KNOWN to the tenants. Not always but quite often.

The safest thing is to make sure you have a policy that you stick to. CA is still trying to get certain classes of criminals "protected" but thus far other than some language re: sex offenders (dozens of bills trying to enchance the protection from using against housing rights vs danger to other tenants) nothing in code yet.

 

[wendys8861]

RE: Background Checks

Thank you all for your responses.

The management of the complex has held a number of community meetings, but very few people show up (unfortunately). The tenans have posed some possible solutions that would make us feel more secure, but we're always told it's too expensive and the owners won't go for it.

Thanks for taking the time to answer my question. I think I'll start looking to move as soon as my lease is up!

 

[Cvillecpm]

CaLL - thanks for the update on CA application fee limit.

 

[jillianleab]

If it costs you that much to do a criminal and credit screening then you have the wrong people doing it. I pay $4.95 for a criminal check on someone and costs me a whopping 2.95 for credit. So for less than 10 bucks I am covered.

Ok, If you are paying less than $10, I'm DEFINITLY paying the wrong people! Do you mind sharing your secret source?