Manager with domestic violence record.

[smblkc]

What is the name of your state (only U.S. law)? Ohio

I had just found out that the property manager at the community where I live has a domestic violence conviction on her criminal record (and this was verified via a search of the clerk of court's database). The conviction happened prior to her employment at this community. Since she had worked here before, the corporate management did not do a background check on her this time around.

I am curious to know if a conviction for a crime of violence precludes employment in this type of setting, or it is up to individual companies' policies. I have tried to search various sources and cannot find an answer to this.

Thank you!

 

[Cvillecpm]

None. Why would it be an issue?

 

[smblkc]

The main reason is that people don't like it when someone who has access to their apartment has a record of violence. People with this type of record are precluded from working in other industries, I just wanted to know if this would be one of them. Seems like a valid concern to me.

 

[Cvillecpm]

There are POLICE officers on the job with the same charge against them....if you don't like the manager, try another reason.

Obviously, this is an issue for the property owner and their insurance co and since there appears to be no evidence of abuse of the unit keys from her employment BEFORE, why would there be one NOW?

How do YOU know they are unaware of her conviction. She may well have told them AND THE BACKGROUND and the mgmt and their insurance company OKd her employment.

If you are concerned about your belongings, get renter's insurance.

If you get on her wrong side, you may well be looking for another home at the end of your lease.

 

[smblkc]

I didn't ask this question to get in a pissing contest with anyone. It does not matter whether I like the manager or not. In all actuality, it is not even a matter of whether the management company knew of the record or how I came across this information. I wanted to know from purely a legal standpoint, and I figured that other landlords and property managers would know.

You are correct that there are most likely some police officers with a domestic violence conviction. Again, this point is moot. This question is about employees who work in the apartment industry, not LEOs. My ultimate concern, which is the safety of my family, friends, and fellow residents, is why I asked. The residents aren't concerned about their property, they are concerned about their well-being. More than a few have expressed that they are concerned that this person has access to their personal information and apartment. Regardless of how you or I or anyone else may feel about these people's worries, I do take them seriously and wanted to research the matter.

Yes, there are people out there who ask questions to be more informed on a subject and without an ulterior motive. I just wanted to know if there was any stipulation similar to that placed upon workers in other industries as far as their criminal record. With this information, they can do what they want, whether it is confronting the corporate management about the matter, moving, or just resigning to the fact that people like her exist and work amongst us all. I, personally, will be looking for a new place to live anyway.

And, for the record, police officers are generally barred from commission if they have a conviction involving a crime of moral turpitude. As a former police officer and state employee, I can attest to this fact from seeing a few of my peers being relieved of duty.

 

[Cvillecpm]

Having hired hundreds of PM employees over 45 years, I would not discount an employee for an offense of domestic violence since there is a preponderance for the police to OVER REACT in these instances. Someone usually goes to jail and many are charged if they have no where to go.

In many states, landlord can not EVICT a tenant who is a victim of DV and the abuser is often allowed back into the rented property if they are on the lease - in an effort to keep families together.

If the employee was a good performer previously and the property owner's insurance had no problem, I'd take her in a minute.

 

[marcdonovan]

Under 1301:5 Ohio Administrative Code, property managers must be licensed as real estate brokers. This means, among other things, that they must have a criminal background check.

 

[Cvillecpm]

Marc - go back to sleep. No one is talking about a real estate agent....the manager is an on-site/RESIDENT MANAGER and if she works for the property owner, then she is an employee and do not have to have a RE license.

Only someone performing real estate services for someone on a FEE BASIS is required to hold a RE license EXCEPT in 14 states.

Most states do NOT require a criminal check as a requirement for receiving a RE license and many states do not require fingerprinting.

 

[smblkc]

Having hired hundreds of PM employees over 45 years, I would not discount an employee for an offense of domestic violence since there is a preponderance for the police to OVER REACT in these instances. Someone usually goes to jail and many are charged if they have no where to go.

In many states, landlord can not EVICT a tenant who is a victim of DV and the abuser is often allowed back into the rented property if they are on the lease - in an effort to keep families together.

If the employee was a good performer previously and the property owner's insurance had no problem, I'd take her in a minute.

The "preponderance for the police to OVER REACT" does not mean a conviction. Regardless of the reaction of the police, probable cause must be present to make an arrest and a conviction comes as the result of the overall evidence. Only a judge, magistrate or jury may make the decision as to whether the evidence is enough to convict. But, I digress....

Sadly, her performance the first time employed resulted in her being fired. I think that no one wants to work here. Managers come and go like teenagers at a McDonald's, and she's a warm body. Anyway, thank you for your help.

 

[marcdonovan]

Cville, unlike you, I am not making an assumption that this person is an employee of the owner.

4735.01 Real estate broker definitions.

As used in this chapter:

(A) “Real estate broker” includes any person, partnership, association, limited liability company, limited liability partnership, or corporation, foreign or domestic, who for another, whether pursuant to a power of attorney or otherwise, and who for a fee, commission, or other valuable consideration, or with the intention, or in the expectation, or upon the promise of receiving or collecting a fee, commission, or other valuable consideration does any of the following:

(1) Sells, exchanges, purchases, rents, or leases, or negotiates the sale, exchange, purchase, rental, or leasing of any real estate;

(2) Offers, attempts, or agrees to negotiate the sale, exchange, purchase, rental, or leasing of any real estate;

(3) Lists, or offers, attempts, or agrees to list, or auctions, or offers, attempts, or agrees to auction, any real estate;

(4) Buys or offers to buy, sells or offers to sell, or otherwise deals in options on real estate;

(5) Operates, manages, or rents, or offers or attempts to operate, manage, or rent, other than as custodian, caretaker, or janitor, any building or portions of buildings to the public as tenants;

and if any broker is convicted of a felony, they lose the license.

4735.18 Discplinary actions.

(A) Subject to section 4735.32 of the Revised Code, the superintendent of real estate, upon the superintendent’s own motion, may investigate the conduct of any licensee. Subject to section 4735.32 of the Revised Code, the Ohio real estate commission shall, pursuant to section 4735.051 of the Revised Code, impose disciplinary sanctions upon any licensee who, whether or not acting in the licensee’s capacity as a real estate broker or salesperson, or in handling the licensee’s own property, is found to have been convicted of a felony or a crime of moral turpitude, and shall, pursuant to section 4735.051 of the Revised Code, impose disciplinary sanctions upon any licensee who, in the licensee’s capacity as a real estate broker or salesperson, or in handling the licensee’s own property, is found guilty of:




1301:5-1-23 Criminal records checks.

(A) Within ten days of the date of a request from the superintendent, an applicant or licensee shall submit fingerprints to the Ohio bureau of criminal identification and investigation [BCI&I] using a method authorized by BCI&I for a criminal records check pursuant to division (C)(4) of section 4735.05 of the Revised Code and submit the results to the division of real estate and professional licensing within thirty days of the date of the request. The applicant or licensee shall pay any required fee and direct that the results to be transmitted to the division of real estate and professional licensing.

 

[Cvillecpm]

Marc - you answered your own question....Employees of the property owner are not required to be RE brokers...check the part about ".....and who for a fee, commission, or other valuable consideration, or with the intention, or in the expectation, or upon the promise of receiving or collecting a fee, commission, or other valuable consideration does any of the following".

 

[Ozark_Sophist]

Marc - you answered your own question....Employees of the property owner are not required to be RE brokers...check the part about ".....and who for a fee, commission, or other valuable consideration, or with the intention, or in the expectation, or upon the promise of receiving or collecting a fee, commission, or other valuable consideration does any of the following".

Read the first part. Don't just cherry pick. I hate it when people quote part of the law without understanding it.

(A) “Real estate broker” includes any person, partnership, association, limited liability company, limited liability partnership, or corporation, foreign or domestic, who for another, whether pursuant to a power of attorney or otherwise, and who for a fee, commission, or other valuable consideration, or with the intention, or in the expectation, or upon the promise of receiving or collecting a fee, commission, or other valuable consideration does any of the following:

Any person, for another = employee?