SilverLink - Winter 2008 - (Page 16)

also create exposure to Fair Housing compliance issues. In order to minimize compliance risks, it is imperative to establish a criminal screening policy that treats all applicants equally and fairly. Each property owner or management company should consult with legal counsel when establishing any type of screening process. While developing the screening process, ask yourself the following questions: • • • Can I validate and document that the criminal screening process is being run on all applicants? Can my leasing staff make criminal screening decisions without assistance from mid- or senior-level management? Will the current process allow me to monitor criminal screening data, clearly identify the types of offenses that have been discovered and accept/decline trends in order to update the policy to current business conditions? Does my leasing staff have the skills required to interpret complicated criminal records? Can the criminal screening policy define accept/decline criteria by specific offense type and offense date? choose should allow you to set the policies for accepting or declining criminal offenses using criminal offense categories that cover crimes against persons, property and society. The technology should evaluate criminal record search results and automatically deliver an accept/decline decision to your staff. Ideally, the screening process should require management to monitor and report the number of accept/decline decisions and view the breakdown of criminal search results by offense type. With these parameters, you can monitor your staff’s performance and adjust screening criteria to meet the business and legal demands of your particular state. Protect Yourself, Your Tenants and Your Property No matter what method of screening you choose, your best protection against a discrimination lawsuit is proper planning. The following list is a guide to help you create a strategy for interviewing potential tenants: • • • All criteria should be in writing—no exceptions! Be adamant that on-site interviewers use the established criteria for every applicant. If it’s necessary to reject an applicant, write a thorough and comprehensive review of the reasons this action was taken and retain it in your files for at least five years. Be sure to create a file for accepted applicants, also. Document the interview and acceptance process and retain it for at least five years. If you believe that you need additional information on an applicant, be certain you request the same information on every applicant. If you need additional advice, don’t hesitate to contact your local fair housing agency. • • Ideally, the screening process should require management to monitor and report the number of accept/decline decisions and view the breakdown of criminal search results by offense type. If the answer to any of these questions is “no,” an automated criminal screening service may enable you to establish and enforce a more consistent and compliant criminal screening policy. With most criminal screening tools, property owners/managers are expected to make “on the spot” decisions about what searches should be conducted and to determine if criminal offenders should receive an accept/decline leasing decision. This obviously places a great deal of responsibility on your staff and increases the risk of Fair Housing violations if searches are done and interpreted inconsistently. It’s imperative that property owners and management companies look for screening products that categorize criminal records and automatically provide a clear accept/decline leasing decision based on criteria established for the community. There are a variety of companies in the marketplace that offer automated criminal screening services. The product you • • • It’s an unfortunate fact that even the most diligent owner/ manager can be the target of a discrimination lawsuit. Assuming that you follow strict guidelines and do not discriminate against members of protected classes, your thorough documentation can help protect you. Fair housing testers employed by local fair housing agencies often dismiss lawsuits when it is discovered that you treat everyone equally and that you have written records available for review. It’s the responsibility of you and your staff to protect your organization against discrimination lawsuits. Be certain you know the laws and regulations set forth by the FHEO, create a compliant program for your business and follow it to the letter. 1 Portions of this article were inspired by the Real Deal, a monthly newsletter for Real Life Real Estate Investors, used with the permission of Vena Jones-Cox. 2 Reprinted with permission from “What Fair Housing Testers Look for at Rental Communities,” by Scott Clark, Attorney, Apartment News. contact john h. nelson at jhnelson @ ssgi.coM or chuck eckert at ceckert@ ssgi.coM 16

Table of Contents Feed for the Digital Edition of SilverLink - Winter 2008

SilverLink - Winter 2008 Contents Risk Management: Where in the World is Human Resource Consulting? Workers’ Compensation Rate Declines Insurance Certificates Haute Retirement It All Began with a Cup of Coffee Playing Fair in the Housing Market Captives 101 Proceed with Caution Fore! (Or is it Pull? or Giddyup?) Don’t Be Fuelish Employee Benefits: Medical Trend Countdown to Compliance Private Client Services: Buy & Sell Agreements Flood Insurance Pushing Wealth to the Next Generation Client Spotlight: Travel and Transport Internal Happenings: SilverStone Group Giving Back Since 1945

SilverLink - Winter 2008

For optimal viewing of this digital publication, please enable JavaScript and then refresh the page. If you would like to try to load the digital publication without using Flash Player detection, please click here.