10 Questions
What is the Fair Housing Act?
A federal law that prohibits discrimination in the rental, sale, or financing of housing
True or false: Violations of the Fair Housing Act can lead to lawsuits.
True
What is one of the protected classes under the Fair Housing Act?
Race
True or false: Landlords are allowed to consider any type of criminal conviction when conducting background checks.
False
What should landlords do before conducting a background check?
Obtain written consent from the tenant
True or false: Landlords must obtain written consent from tenants before conducting a background check.
True
True or false: Landlords are legally required to make reasonable accommodations for tenants with disabilities.
True
What is Maryland's policy regarding criminal record checks?
Landlords cannot consider criminal convictions more than 3 years old
What should landlords consider when evaluating a tenant's criminal history?
The tenant's unique needs
True or false: Maryland landlords are prohibited from considering criminal convictions that are more than 3 years old.
True
Study Notes
- The Fair Housing Act is a federal law that prohibits discrimination based on certain protected classes in the rental, sale, or financing of housing.
- The protected classes under the Fair Housing Act include race, color, religion, sex, national origin, familial status, and disability.
- Violating the Fair Housing Act can lead to fines from the U.S. Department of Housing and Urban Development (HUD) or the local Fair Housing Center, as well as lawsuits.
- Under the Fair Housing Act, landlords are required to make reasonable accommodations for tenants with disabilities.
- Landlords can choose to screen tenants based on a variety of factors, including credit history, rental history, income, and criminal history.
- Before conducting a background check, landlords should obtain written consent from the tenant.
- Landlords can use a professional screening service to conduct background checks.
- Landlords should follow Fair Housing guidelines when screening tenants.
- After conducting a background check, landlords should review the results to determine if the tenant meets the screening criteria. If the tenant does not meet the criteria, the landlord may choose to deny the application.
- Landlords should make sure that their screening criteria are consistent for all applicants.
- Landlords in Maryland are prohibited from considering certain criminal convictions that are more than 3 years old or arrests that did not result in a conviction when conducting background checks on potential tenants.
- Landlords can inquire about and consider specific types of criminal offenses, such as violent crimes, drug offenses, and property crimes.
- When conducting criminal record checks, landlords must also follow Fair Housing guidelines and not discriminate against tenants based on factors such as race, gender, religion, or disability.
- Landlords should consider individual circumstances when evaluating a tenant's criminal history.
- It is important for landlords and real estate licensees in Maryland to follow these Criminal Record Screening Standards when conducting background checks on potential tenants.
- The tenant has disclosed on their application that they have a criminal record.
- The landlord recognizes that this is a protected class under the Fair Housing Act and will need to evaluate the tenant's application in accordance with Maryland's Criminal Record Screening Standards.
- The tenant has a unique need related to their criminal record, which may impact their ability to find housing.
- The landlord will need to evaluate the tenant's application in accordance with Maryland's Criminal Record Screening Standards, which may include a criminal history check.
- The tenant may have difficulty finding housing due to their criminal record.
- The landlord is responsible for providing appropriate accommodations for tenants with disabilities, and should take into account the tenant's unique needs when doing so.
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