Previous Articles
2024 Legislative Update 3/28/2024
Corporate Transparency Act 2/28/2024
E-Bike Rules and Regulations to Protect Landlords 3/10/2023
Security Systems 2/15/2023
2022 Legislative Update 3/22/2022
Music Licensing at Apartment Communities 11/19/2021
CDC Eviction Moratorium Overturned 8/27/2021
CDC Eviction Moratorium Extended AGAIN 8/4/2021
CDC Eviction Moratorium Expiration 8/3/2021
Flags, Posters, and Signs 7/5/2021
CDC Eviction Moratorium Extended 6/25/2021
Fair Housing Testing 6/18/2021
Unemployment Benefits & Source of Income 4/29/2021
Changes regarding Utah Pay or Vacate Notices due to CDC Rule 4/23/2021
Rental Expenses Disclosure and Late Fee Cap 4/23/2021
New Housing Assistance Portal 2/25/2021
Government Rental Assistance Update 1/28/2021
Updates: LHAP Program, CDC Moratorium, and CARES Act 1/6/2021
Recent Media Coverage 12/14/2020
Latest LHAP and COVID Updates 11/17/2020
Updates - Annual Legal Seminar, Landlord Housing Assistance Program 10/15/2020
What you need to know about the CDC Eviction Ban 9/2/2020
Understanding CARES Eviction Processes and Procedures 8/31/2020
To CARES Act Communities - New Procedures For 30 Day CARES Notice 8/17/2020
Trump Executive Order on Evictions 8/10/2020
Notification to Residents in CARES Act Communities RE: Evictions and Late Fees 7/29/2020
HEALS Act and Eviction Moratorium 7/28/2020
Is your property covered by the CARES Act? 7/20/2020
New 2020 laws in effect for Utah housing providers 6/18/2020
New Utah 3 Day Pay or Vacate Law 5/7/2020
Rent Deferral Agreement Extension 4/29/2020
Opening Up Amenities 4/29/2020
Stimulus Money - Suggested Tenant Communication 4/17/2020
What CAN I do now with residents who haven't paid? 4/13/2020
Suspension of Pay or Vacate Evictions in Utah 4/1/2020
COVID-19, APRIL RENT, EVICTIONS, END OF THE WORLD AS WE KNOW IT 3/31/2020
Rent Deferment in Response to the Coronavirus Pandemic 3/19/2020
BYU Housing and COVID-19 3/17/2020
Possible Delays In Evictions 3/16/2020
New HUD Guidance on Assistance Animals 1/28/2020
Assistance Animals Update 3/28/2019
Rent Policy Option during a Government Shutdown 1/23/2019
Dealing with Protective Orders 8/3/2018
Possible Issues Affecting Ability to Evict Related to Partial Payments – Part II 2/21/2018
Possible Issues Affecting Ability to Evict Related to Partial Payments – Part I 1/5/2018
Section 8 Landlord Incentive Program 11/27/2017
Part II: Notice to Terminate Lease at the End of the Initial Term – Sec. 8/Sec. 42 Resident or HUD based property 6/14/2017
Part I: Notice to Terminate Lease at the End of the Initial Term – Market Rate Resident 5/31/2017
Legislative Update 2017 – Changes to the Unlawful Detainer Statute 5/11/2017
Important Things to Know About Mold 3/27/2017
3rd Party Requests For Tenant Information or Entry Into Unit 1/12/2017
What to do about trespassers 11/7/2016
Meth survey - We need your help! 8/30/2016
Pools and common areas – Creating proper standards for conduct and attire 6/14/2016
New HUD Guidance on Criminal History of Tenants 4/27/2016
Bed Bugs Part III: Treatment and Prevention 4/4/2016
Bed Bugs Part II: Separating Fact From Fiction 3/21/2016
Bed Bugs Part 1: An Introduction 3/1/2016
Arrests and Criminal Background Checks 2/17/2016
Future Rent And a Landlord's Obligation to Mitigate Damages 2/2/2016
Security Deposits - Landlord's Obligations Under Utah Law 9/16/2015
Abandoned Personal Property 9/1/2015
US Supreme Court affirms disparate impact claims under Fair Housing Act 6/26/2015
Reasonable Modifications for the Disabled- Do I have to pay for it? 6/7/2015
Dealing with a Death in a Rental Unit 6/6/2015
Abandonment 101 - Unpaid Rent, Property In Unit - Now What? 6/4/2015
Abandonment 101: Unpaid Rent, Empty Unit - Now What? 6/3/2015
Tenant Victims of Domestic Violence 6/2/2015
Requalifying Tenants upon Renewal 6/1/2015
New HUD Guidance on Criminal History of Tenants
Published 4/27/2016
On April 4, 2016, HUD issued a fair housing guidance which appears to provide some protection to individuals with criminal history. This new Guidance prohibits the use of arrest records to deny an applicant. It also requires that landlords who deny based upon convictions consider the nature of the crime, the severity of the crime, and the amount of time that has passed.
The Guidance states that blanket exclusions based upon general criminal history likely violate the fair housing act. Landlords need to tailor their approach to criminal history to an individualized basis. The review should take into account factors that specifically narrowed to achieve the safety and security goals of the property.
Management and owners of rental housing need to immediately review and revise their policies relating to the use of criminal history in the application process.
All are encouraged to get with their legal counsel to review current policies and revise them in such a way as to be compliant with the new guidance.
The Guidance states that blanket exclusions based upon general criminal history likely violate the fair housing act. Landlords need to tailor their approach to criminal history to an individualized basis. The review should take into account factors that specifically narrowed to achieve the safety and security goals of the property.
Management and owners of rental housing need to immediately review and revise their policies relating to the use of criminal history in the application process.
All are encouraged to get with their legal counsel to review current policies and revise them in such a way as to be compliant with the new guidance.
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