Before you allow virtual strangers to reside in your property, you have a right to learn more about them. However, with modern privacy concerns, tenant screening traps may lay in wait. More people than ever actively protect their privacy rights and take legal action in the face of violations.
Compliance with New York screening regulations is crucial to avoid a landlord-tenant dispute based on privacy or rights violations. Knowing what is and is not allowed when looking into potential tenants can help you stay out of legal hot water.
Legal tenant screening practices
To screen potential tenants without legal trouble, landlords must adhere to specific guidelines:
- Obtain written consent from applicants before conducting any background checks
- Only inquire about an applicant’s criminal history after making a conditional housing offer
- Adhere to the federal Fair Housing Act prohibiting housing discrimination
- Apply screening criteria consistently to all applicants
Following these practices can help landlords remain within legal boundaries while learning more about prospective tenants.
Prohibited screening practices
Certain actions are prohibited when screening potential tenants in New York. Specific examples include:
- Charging more than the actual cost of a background check or exceeding $20
- Asking questions that could reveal an applicant’s race, religion, gender or other protected status
- Conducting background checks without written authorization
- Inquiring about criminal history before making a conditional housing offer
It is easier to violate these rules than you might think. For instance, if you use outdated housing applications or lease and rental agreements, they could contain unlawful provisions, sparking a landlord-tenant dispute.
Speak with a legal representative to update your screening practices. They can help you create compliant housing documents and offer tips for dealing with prospective and current tenants lawfully.
