National Consumer Law Center的动态

Another “scoring” tool, another discrimination case. Remember that a company made a “business decision” to develop this tool, the type of data to make determinations, how to score, and how to sell to landlords!!! “SafeRent’s scoring algorithm uses factors like credit history and non-rental-related debts to assign a SafeRent Score to potential tenants. Landlords can then use this score to determine whether to accept or deny someone’s rental application…system allegedly assigned lower scores unfairly for Black and Hispanic tenants, as well as people who use housing vouchers, leading landlords to deny their housing applications” #fundamentalrights #aigovernance https://lnkd.in/g3GYJ4hh

I want to encourage all my #propertymanagement friends to participate in this discussion. While I support a system that allows people to reenter life, and as a Compliance Manager, I made decisions on folks with convictions to allow them to rent, it was with a careful consideration of the facts. While property managers remain responsible for the actions of our residents on site (we are sued when things happen), we are losing our ability to select residents who negate that risk. I think the decisions should be with those who hold the risk. Alternatively, if the government wants to run our business, take on the risks for us and our residents. NAA is helping us push back on HUD's new policies, please check your email and participate in this conversation. Link to respond in comments. As the deadline for public comment on the U.S. Department of Housing and Urban Development’s (HUD) proposed rule?Reducing Barriers to HUD-Assisted Housing?approaches on June 10, 2024, the National Apartment Association (NAA) continues its federal advocacy to discourage HUD from adopting these significant changes to federal policy. The proposed rule would severely limit HUD-assisted housing providers’ discretion to make housing decisions based on renters’ criminal history and?COULD BE APPLIED TO ALL HOUSING PROVIDERS COVERED UNDER THE FAIR HOUSING ACT IN THE FUTURE, including: -A 3-year lookback period on all criminal convictions -Overly prescriptive requirements on the types of convictions that assisted housing providers are allowed to consider? -New pre-denial notice requirements giving applicants 15 days to dispute the accuracy and relevance of criminal records The rule also would raise the evidentiary standard for evictions based on covered residents’ criminal activity Let HUD know how these changes would impact rental housing: NAA encourages you to personalize your messages. It is our understanding that comments must be at least 30% original content to be considered by HUD. Your input will be critical to balance the rulemaking record and elevate the industry’s concerns above all of the stakeholder feedback that HUD will receive on this issue! We remain concerned that HUD will eventually apply these requirements to all housing providers covered by the Fair Housing Act, similar to the Agency’s 2016 criminal screening guidance. We need your help to elevate the industry’s concerns above all the stakeholder feedback that HUD will receive on this issue. NAA continues robust efforts to ensure the voice of the rental housing industry is heard and valued as policymakers consider changes to federal housing policy. If you have any questions, please contact?Joe Riter, NAA’s Senior Manager, Public Policy. #apartments #HUD

The movement to seal eviction records is gaining traction, as advocates push to prevent past filings from limiting tenants' housing options indefinitely. During the pandemic, federal protections reduced eviction rates in major metros, but these safeguards have since expired, driving eviction rates above pre-pandemic levels in many cities, especially in the Sunbelt. States like Maryland, Massachusetts, and Idaho have passed laws to seal records in cases where tenants won or settled out of court, allowing renters a “clean slate.” Housing advocates argue that eviction filings act as a “Scarlet E,” unfairly stigmatizing tenants—even when cases don’t end in removal—often leading to denied applications and increased housing insecurity. New research reveals that eviction records disproportionately impact vulnerable populations, especially low-income Black women. As a result, more states are considering sealing laws to address rising evictions and tenant protections. For landlords, eviction records offer valuable insights into a tenant’s payment history and stability, but these records are often incomplete or misleading, leaving room for misinterpretation. In response, screening firms are now adjusting practices to better reflect a tenant’s full rental history while adapting to new state laws. Washington, D.C., has implemented a balanced approach, allowing sealed records for research purposes. This compromise offers a model as states move toward tighter tenant protections, spurred by a growing housing crisis. The trend toward sealing eviction records is reshaping the rental market, requiring landlords to adopt new screening strategies. #TenantRights #EvictionReform #HousingEquity #RentalMarket #LandlordTenantLaw #HousingCrisis #SunbeltEvictions #PandemicRecovery #RentalScreening #PolicyChange #RealEstateTrends #SealedRecords https://lnkd.in/exGamc5V

?? Big News for Renters in Montgomery County! ?? The Montgomery County Council unanimously passed Bill 8-24, amending the existing "Ban the Box" law and reinforcing renters' rights when it comes to background and credit checks. This crucial legislation, introduced by Councilmember Laurie-Anne Sayles and co-sponsored by Councilmembers Evan Glass and Sidney Katz, aims to ensure that renters are fully informed about their rights during the rental process. Some highlights of the bill include: ? No criminal background or credit check before an offer for rent is made. ? Landlords must display info on the Housing Justice Act prominently on their websites and in rental offices. ? Prohibits inquiries about certain arrest records or convictions, such as misdemeanor theft or marijuana possession. ? Adds two full-time employees to the Office of Human Rights to enforce these new measures. Councilmember Glass emphasized, “This bill strengthens the protections outlined in the Housing Justice Act, helping ensure that residents who have experienced homelessness or minor offenses aren't discriminated against when finding a place to live.” With this law, Montgomery County continues its mission to promote fairness, equality, and housing justice. ?? #HousingJustice #MontgomeryCounty #RentersRights #FairHousing #BanTheBox #EqualityInHousing #RealEstate #Legislation #CommunitySupport #renterinTexas

I have long said that referencing should be mandatory for all #tenants: to protect both the #landlord and the #tenant. The reference should go beyond just a credit check and voters roll, but include getting employer and employment references. The profession referencing companies need to up their game. Whilst this won't stop the complex cases of identity fraud or deception, it will enable #landlords to protect themselves better, access legal expenses and rent guarantee insurance as well as their #renters being able to build up a robust credit record, for the future. The Renters' Rights Bill, also presents the opportunity for more money orders, leading to County Court Judgements, to be served on a defaulting #renter or getting, Civil Injunctions, Community Protection Notices (CPNs), and Criminal Behaviour Orders?or similar. As the possession case may end up in court anyway, you might as well get these on the record. #lettingagents #propertymanagers #propertymanagement https://lnkd.in/eTFypUbY

How do we balance the needs of landlords managing their properties with the rights of tenants seeking stability? Is increasing the housing stock the silver bullet we hope for, or does the solution lie in redefining our approach to eviction laws? Dive into this compelling debate and share your thoughts on the article at the link below. Could there be a middle ground that serves both sides, or is it a zero-sum game? #HousingCrisis #JustCauseEviction #LandlordRights https://lnkd.in/ewMKYDtC

Starting January 1, 2025, New York City's housing providers will need to adjust how they use criminal background checks due to the enactment of Local Law No. 24, known as the Fair Chance Housing Act. Aimed at reducing housing discrimination and addressing homelessness, this law limits when criminal records can block someone from renting or buying a home. Key Points: * Housing providers cannot deny housing based on an applicant’s criminal history, except for those listed on a sex offender registry or with multiple recent convictions. *Criminal background checks are allowed only after a lease offer is made, and providers must inform applicants in advance and supply a written copy of the Fair Chance Housing Notice. *Background checks must focus solely on specific criminal history details. Broad checks, including informal ones like social media searches, could lead to legal trouble. *If rejecting an application based on criminal history, providers must give written reasons, backed by documentation, after allowing the applicant time to correct errors or provide additional context. This law marks a significant change in real estate operations, emphasizing safety while striving for fairness in housing access. Property owners and managers are advised to consult legal experts to ensure compliance and update their application processes accordingly. For those managing properties, it's crucial to familiarize yourself with these new rules to navigate the changes smoothly and maintain compliance.

The Regulator of Social Housing has published the second wave of judgements as part of its new consumer regime inspection programme. Jenny Messenger reports https://lnkd.in/eWYiEVRs #ukhousing #regulation #regulatoryjudgements #housingassociations #councils #consumerstandards #housingfinance #assetmanagement

Public policy change often takes years to come to pass, but it doesn't have to be that way. Good leadership combined with powerful stories can make change happen much more quickly. In this article, Matt Delaney explains how state legislatures in Georgia and New York have worked with their governors in just the last several weeks to pass bills eliminating so-called squatter's right loopholes, a growing problem that finally hit legislators' radar in just the last few months. For its part, Florida also passed legislation earlier this year. Delaney recounts some of the horrifying stories we've seen across the country about trespassers taking over private property, and those stories led to positive legislative change -- even in deep-blue New York. As I explained to Matt about how we got here (a point he ends the story with): "a dearth of newly built homes, thanks partly to regulations that limit home construction, is driving up costs and pricing people out of the housing market. It has created the kinds of squatters [realtor and property manager] Ms. Hatcher has encountered: working people who, for financial reasons or because of a criminal record, wouldn’t qualify for a lease. Mr. Miller said a stable society is built on property rights enforcement. 'If our governments are not going to protect property, then we have to elect people who will because otherwise, people start to lose respect for the law — and that’s bad for everybody,' he said." Read the whole thing at the link below. https://lnkd.in/ggS5KJsE

The Appellate Division of New Jersey Superior Court has put an end to the concept that municipalities (or community associations) can impose age restrictions on ownership of a home/unit in an age-restricted community.??Certain age-restrictions on occupancy are permitted by both the Federal Fair Housing Act (FHA) and New Jersey’s Law Against Discrimination (LAD), but that was apparently not good enough for Berkeley Township, which enacted an ordinance to limit ownership in senior housing communities to persons aged fifty-five and older.?In a challenge to the ordinance by the New Jersey Realtors (NJR), both the trial and appellate courts held that the restriction violated both the FHA and LAD by imposing a restriction on ownership based on age. The appellate court also found that the ordinance was preempted by those laws, because a municipality, as an agent of the state, cannot act in a manner contrary to the state. ? While this case did not involve a community association restriction, such a restriction would be in violation of the FHA and LAD in the same manner as Berkeley’s ordinance.??The key takeaway from this case is that housing discrimination against protected classes (including discrimination based on “familial status”) is violative of both New Jersey and federal law.?A limited exception for “55 and older” senior housing exists in the anti-discrimination laws, but that exemption applies to occupancy, not ownership. The case can be found in its entirety at https://lnkd.in/eqA6SbNC