A criminal background check is a report obtained from a consumer reporting agency that details an applicant's past criminal history, including misdemeanors and felonies. It is a common tool used by landlords to ensure the safety of their property and other tenants.
How It Applies to Florida Landlords
When conducting criminal background checks in Florida, landlords must be extremely careful to comply with HUD guidelines and Fair Housing laws. Blanket bans on all applicants with a criminal record are generally prohibited as they may have a disparate impact on protected groups. Instead, landlords should have a written policy that considers the nature, severity, and recency of the offense, as well as whether the offense poses a direct threat to the safety of others or property. It is crucial to be consistent and transparent about your criteria to avoid discrimination lawsuits. Always obtain the applicant’s written consent before running the check.
Key Takeaways
- Never use a "blanket policy" that automatically rejects anyone with a record.
- Always get written authorization from the applicant before performing a background check.
- Focus on convictions that are relevant to safety and property damage.
- Maintain a written, neutral policy for evaluating criminal history to ensure Fair Housing compliance.