Question. A guest has applied for temporary occupant status in our park. He has a lengthy criminal record and we are concerned about approving him as a temporary occupant. When we informed him, he claimed that he could not be denied because of prior criminal activity from 10 years ago. He also said that since the community does not require a background checks for ‘guests’ he would stay with different friends throughout the park for 14 days and then move to another friend in the park. Two questions - can we still deny based on a criminal record from 10 years ago - our screening criteria clearly says we can. And what do you do if he starts ‘couch surfing’ every 14 days with a different friend in the park?
Criminal background checks - always a popular issue. Of course you can use them to screen prospective applicants, right? You may be surprised.
The use of criminal background checks in the residential housing rental and lease application process has recently become a hot button issue. Back on April 4, 2016, the U.S. Department of Housing And Urban Development's ("HUD") General Counsel issued a 10-page memorandum on "Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions" ("Guidance").
Question. I spoke with someone recently who informed me that Federal Law (i.e. the Fair Credit Reporting Act) prohibits criminal background checks beyond seven years. Yet I am concerned that with some crimes, e.g. child molestation, it would be important to know if there were any convictions, not just those within the last seven years. It also appears that HUD seems to be saying the same thing. I am getting mixed information on this issue. Can you help clarify?
Question. We would like to institute a policy allowing us to do a background check on all guests who stay at a property for 14 days or more. Is there something in ORS Chapter 90 that gives the landlord this right? Would this have to be in the rental agreement or rules? Is it enforceable?
Question: A family moves into a manufactured housing community with a thirteen year old boy. Five years later the parents vacate the home but leave the boy who is now eighteen. Even though the eighteen year old was never subject to a background check, never signed a rental agreement etc., is he now a considered a resident?