This is a first for me. We had an applicant whose background came back "threat of mass shooting" under his criminal report. How do you turn this type of person down? Of course I would use any other reason first for turndown if his credit, income or rental history was poor but that wasn't the case. When the turndown is for criminal background do you usually turndown in a general way and say unsatisfactory background? Curious to know if others have seen this.

I had a group of friends and family try to rent a large 6 bedroom home from me. One of the applicants had a history of being a sex offender. Since I was dealing with someone else who represented the entire group and I couldn't share someone else's background information, I simply said,

We are unable to approve your application. Best wishes.

or

Your application has been processed. It does not meet our minimum qualification standards. Best wishes.

DJ's suggestion is looking for trouble.

If you simply deny a rental applicant and you give them zero reasons, they can file a discrimination claim, even if you based your decision on legal reasons.

Natasha states that 'We had an applicant whose background came back "threat of mass shooting" under his criminal report.'. That use of a "credit report" requires a denial letter notifying what was found in the credit report that triggered the denial, in a way that makes clear to the applicant what was found and why it led to denial. The purpose of the FCRA is to notify the renter that he was denied due to information found on a consumer credit report, and gives contact information for the credit reporting agency used so the applicant can access the report too. In the event that the renter feels that the information on their credit report is inaccurate, the denial letter needs to point out how the renter can inquire and possibly correct the credit report by providing name and contact information for the reporting service.

Natasha, you seem to have a problem in that the report advises you about a "threat" of mass shooting, rather than a conviction. Here in CA, it is illegal for a background check to report anything other than a conviction.

There is a big difference between being arrested for a crime and being convicted of a crime. An arrest does not make a person guilty of anything, so an arrest alone may trigger a discrimination suit. A broad policy of denying housing to any prospective tenant with any type of criminal history may be considered discriminatory under the Federal Fair Housing Act.

Moshe, Credit Check is separate from a Criminal Background check. They can be bought and paid for separately and have nothing to do with one another. The FCRA would require the proper denial letter if credit was the reason for the denial, but a criminal check is different.

According to Moshe a criminal background affects a credit rating. .. not unless the laws have changed in the past day or so it doesn't. I don't even think there is a grey area surrounding that thought.

In Pennsylvania, you see what/when charges are filed. You see what they are changed to in the midst of the process (because they charge for LOTS of stuff initially knowing they're going to toss a lot of them) and you can see the final verdict. You see what the sentence is and you can follow along as they (or someone on their behalf who also gets named) pays.

Nicole, if I run a Credit/Criminal/Eviction check here or on any site that I have used, they are three separate reports, and criminal does not affect credit and vice versa.

My credit report service will include criminal background check for additional fee. It is subject to the same rules under FCRA and Regulation B of ECOA. HUD also has regulations that require explanatory letters for housing denials based on consumer reports, to allow the renter the opportunity to correct errors in information databases. Thus, criminal background does not necessarily affect credit rating, but is also subject to requirements of notice and discrimination claims.

Nicole says that PA "you see what/when charges are filed. You see what they are changed to in the midst of the process (because they charge for LOTS of stuff initially knowing they're going to toss a lot of them) and you can see the final verdict. You see what the sentence is and you can follow along as they (or someone on their behalf who also gets named) pays.

If you go into the court house, you can read the actual documents on the public computer in the clerk's office."

CA law forbids REPORTING of non-convictions, and for the obvious reason. Court files remain, unless they are sealed.

FCRA and ECOA are Federal Agencies, applicable to MA as well as CA. I think that the notice requirement makes good sense.

I would respond with a reply like this:

Unfortunately, we are not able to approve your application at this time.

If you would like more information please send a self addressed stamped envelope to ABC Rentals, Anywhere USA. Please allow 30 days for reply.

This response requires the applicant to burn a few calories. Usually, this is the last you hear of them. Next step would be to obtain a rejection letter from credit bureau and forward it.