MAKE IT YOUR BUSINESS TO BE PREPARED FOR AN EMERGENCY!
Emergencies can happen at any time—fire, water main break, civil disturbance, even a communications failure. When these unplanned events happen, it is critical that you and your co-workers know what to do. In an emergency, all employees should know where they need to go and what they need to do. Being prepared for an emergency can limit injuries and damages and help people return to a normal business day.
¨ Learn about your company’s emergency plans. Ensure that a plan is developed if one is not in place. A good plan is outlined later in this section.
¨ Practice your company’s emergency plans. Evacuation plans need to be legible and posted prominently on each floor.
¨ Know the exit routes and evacuation plans in your building. Know at least two exit routes from each room, if possible. Be able to escape in the dark by knowing how many desks or cubicles are between your workstation and two of the nearest exits.
¨ Have a designated post-evacuation meeting location where appropriate personnel can take a headcount and identify missing workers. Every employee should be aware of this location.
¨ Make special emergency plans for co-workers who are disabled, non-English-speaking, or may require assistance during an emergency.
¨ Know the location of fire extinguishers and medical kits.
¨ Make a list of important numbers—these can include babysitters, critical business contacts, spouses, etc. Keep a printed list at your desk and near other telephones. Do not rely on electronic lists, direct-dial phone numbers, or computer organizers that may not work in an emergency.
¨ Gather personal emergency supplies in an unlocked desk drawer or other easy to reach space, including a flashlight, walking shoes, a water bottle, and nonperishable food—packaged so that it can be easily opened.
¨ Report damaged or malfunctioning safety systems to appropriate personnel for repair and maintenance.
¨ Never lock fire exits or block doorways or stairways. Keep fire doors closed to slow the spread of smoke and fire.
¨ Put together an office phone tree. In the event of an emergency during non-business hours, your office may need to get information to employees quickly. Develop a list of everyone’s home phone numbers with instructions for who will call whom. Make sure everyone keeps a printed copy at his or her home.
¨ Make plans to help each other. Determine how you will help each other in the event that public transportation is shut down or thoroughfares are impassable. Offer to temporarily house, transport, or feed your co-workers in case of emergency.
Emergencies in Multi-floor Buildings
¨ Leave the area quickly following your worksite’s evacuation plan. In the event of fire, crawl under the smoke to breathe cleaner air. Feel doors for heat before opening them. Never use an elevator when evacuating a burning building. Always go directly to the nearest fire- and smoke-free stairwell.
¨ If you are trapped in the building, stay calm and take steps to protect yourself. If possible, go to a room with an outside window and telephone for help.
¨ Open a window if possible, but be ready to shut it if smoke rushes in. Stuff clothing, towels, coats, or newspapers around the cracks in doors to prevent smoke from entering your shelter.
...to be continued.
Court Record Search Comparison
Orca
WA State Search
Instant Database #1
Nationwide Search
8/31/06 Domestic Violence, Dismissed without Trial
11/28/04 Assault, Dismissed with Prejudice
4/28/00 Possession of a Stolen Firearm, Dismissed
11/15/07 Marijuana Possession Less/Equal 40 Grams, Guilty
4/28/00 Use of Firearms by Minor, Guilty
10/4/01 Protection Order Violation (domestic violence related), Guilty
10/4/01 Interfering with Reporting Domestic Violence, Dismissed
5/30/08 Driving While License Suspended 3rd Degree, pending – ACTIVE WARRANT
12/29/00 Assault (domestic violence related), Guilty
12/25/00 Assault, Guilty
11/13/07 Marijuana Possession Less than or Equal to 40 Grams, Guilty – ACTIVE WARRANT
Beware!
If it “claims” to be a Nationwide Criminal Search it probably is a “bad” search.
ORCA-STILL DOING IT THE “RIGHT” WAY
Orca *WISDOM*
“Success consists of going from failure to failure without loss of enthusiasm.”
*Winston Churchill*
Happy Easter! Love, the orcapod
Friday, April 30, 2010
Tuesday, April 20, 2010
APPLICANT SCREENING
THE BASICS
The goal is to attract honest tenants and deter dishonest applicants. To save time and money, weed out the bad applicants as early as possible. Implement systems that discover dishonest applicants and use a legal, simple and fair process to deny them.
Overview
Here are two ways to screen out potentially troublesome tenants:
1. Encourage self-screening. Establish situations to discourage dishonest applicants. Fewer substandard applicants mean less work for management!
2. Uncover past behavior. Most thorough background checks will reveal poor references, inconsistent credit ratings or falsehoods on the application.
It is important that applicants read and understand the rules and process. It will help protect you legally and show applicants you are committed to preventing problems before they begin. There are no one-step solutions. Effective management requires the approach and attitude that discourages illegal behavior and encourages a stable tenant base.
Applicant Screening, Civil Rights and Fair Housing
Landlords often get confused if or when they can turn down applicants. Some
believe civil rights laws require that they accept almost everyone. This is not
the case.
What Are the Protected Classes?
Federal Fair Housing Laws strictly prohibit any discrimination against
these protected classes:
race color
religion sex
handicap familial status
national origin source of income
sexual preference
Civil rights laws protect the way applicants are screened and ensure that
all qualified applicants feel equally invited to apply. State and local
governments may add categories (marital status, sexual orientation,
source of income or participation in a government subsidy program).
Note: Keep an “Equal Opportunity Housing” sign in the office to remind
prospective residents that you do not discriminate.
Washington State Law
Washington State covers discrimination laws under RCW Chapter 49.60.
Washington State Law defines protected classes as race, color, creed, sex, marital
status, familial status, national origin, disability or use of a service animal.
Additional information can be found at:
Washington State Human Rights Commission (WSHRC)
711 South Capitol Way, Suite 402 Olympia, WA 98504-2490
1-800-233-3247 1-800-300-7525 TTY
www.wa.gov/hrc/(external link)
Each time an applicant is denied, you have denied someone who belongs to a
protected class. The question becomes, were all applicants treated fairly? If the set
criteria are applied consistently, you may turn down applicants who do not
measure up. The following examples are consistent with federal fair housing
guidelines:
All applicants are required to show photo I.D. If someone is turned down for not
showing photo I. D., and everyone isn’t required to show it, the action is illegal.
Your written criteria prohibits the sale of drugs on the premises. Written drug
criteria must be given to everyone, not just one class of people, e.g., only specific
racial groups.
You refuse to rent to applicants who provide false information during the
application process. It is legal and appropriate.
There is nothing illegal about setting fair criteria and holding all applicants to
the same standards. Be consistent!
What About Non-Protected Classes?
Discrimination is allowed against non-protected classes. Be consistent! While not
illegal, discrimination may not be profitable. For example, refusing pets may turn
away many potential renters.
What About Criminal Behavior?
It is not illegal to deny residency to applicants based on their criminal
history. However, use convictions (or plea bargains) as your guide. It is
a good practice to refuse residency to applicants who repeatedly disturbed
or threatened previous neighbors or damaged properties.
Written Tenant Criteria
Our program recommends written rental criteria and posting a copy. We also
suggest attaching a copy of the criteria to every application and making sure
applicants read everything.
The following is a “generic” example intended to show various types of rules
you might set. Adjust the criteria to your needs. Make sure an attorney familiar
with current landlord/tenant issues reviews the criteria before implementing
them.
Introduction
We work with neighbors and local landlords to maintain the quality
of our neighborhood. We do not want rental units used for illegal
activity. To that end, we utilize a thorough screening process for all
prospective renters.
Please review our list of criteria. If you meet the criteria, please apply.
Please note that we provide equal housing opportunity and do not
discriminate on the basis of race, color, religion, sex, handicap,
national origin, or familial status.
Screening Criteria
q A complete application
A complete application is required for each person 18 years of age or older who will reside at the location. Applications missing information will be returned.
q Rental history verifiable from unbiased sources
If you are related by blood or marriage to one of the previous landlords listed, or your rental history does not include at least two previous landlords, we will require a qualified co-signer on your rental agreement. Qualified co-signers must meet all applicant screening criteria or pay an additional security deposit of $XXX.
It is your responsibility to provide us with the information necessary to contact your past landlords. We reserve the right to deny your application if, after making a good faith effort, we are unable to verify your rental history. If you owned, rather than rented, your previous home, you will need to furnish mortgage company references and proof of title ownership or transfer.
q Sufficient income/resources.
If the combination of your monthly personal debt, utility costs, and rent payments exceeds X% of your monthly income before taxes, we will require a qualified co-signer on your rental agreement or an additional deposit of $XXX amount. If the combination exceeds X + Y% of your monthly income, your application will be denied.
We must be able to independently verify the amount and stability of your income through pay stubs, employer/source contact, or tax records. If self-employed, please provide your business license, tax records, bank records, or a list of client references. For Section 8 applicants, the amount of assistance will be considered part of your monthly income for purposes of figuring the proportion.
q Two pieces of I.D. must be shown.
At the time of application we require a government issued photo identification card and a second piece of I.D.
q Section 8 information access.
Section 8 applicants must sign a consent form allowing the local Public Housing Agency to verify information from your file regarding your rental history.
q False information is grounds for denial.
You will be denied rental if you misrepresent any information on the application. If misrepresentations are found after a rental agreement is signed, your rental agreement will be terminated.
q Criminal convictions may result in application denial.
You will be denied rental if, in the last 7 years, you have had a conviction for any type of crime that would be considered a serious threat to real property or to other residents’ peaceful enjoyment of the premises. This includes manufacture or distribution of controlled substances.
q Court judgments may result in denial of your application.
If, in the last 5 years, you have been through a court ordered eviction or had any judgment against you for financial delinquency, your application will be denied. This restriction may be waived in the event of a single instance where the circumstances can be justified AND a qualified co-signer is added to the rental agreement.
q Poor credit record may result in denial of your application.
Occasional credit records showing payments within 30 to 60 days past due will be acceptable if you can justify the circumstances. Records of payments past 90 days will result in a denied application.
q Poor references from previous landlords may result in denial of your application.
You will be turned down if previous landlords report significant complaint levels of repeatedly disturbing the neighbors’ peace, prostitution, drug dealing, drug manufacturing, damage to the property beyond normal wear, reports of violence or threats to landlords and/or neighbors, allowing persons not on the lease to reside on the premises or failure to give proper notice when vacating the property. You will also be turned down if a previous landlord would decline to rent to you again for any reason pertaining to lease violating behavior of yourself, your pets, or others allowed on the property during tenancy.
q There is a $XXX earnest deposit, conditionally refundable.
If your application is accepted, the deposit will be applied to your security deposit. If you withdraw your application before screening expenses are incurred, your deposit will be refunded.
q We will accept the first qualified applicant.
Upon acceptance, you will be required to sign a rental agreement and abide by the rules of our rental community. A complete copy of our rental agreement is available for review. Please note that the rental agreement:
· Requires you to prevent all household members, guests and visitors from engaging in any lease violating behavior
· Forbids you and all household members, guests and visitors from engaging in illegal drug use, sale, manufacture, distribution or other criminal activity on or near the property
· Limits your ability to allow guests to stay for long periods without the advance permission of the landlord
· Provides that serious or repeated violations of the rental agreement will result in termination of your rental agreement
Please read the entire rental agreement carefully as we take each part of the agreement seriously. Our process helps us prevent illegal activity from disturbing the peace of our community and gives our tenants the best housing possible.
Application Information
The best approach is to contact a local legal publishing company, a rental housing association or your attorney for copies of appropriate forms. Whether you use application forms or rental agreements, make sure they are designed specifically for the laws that govern your area and are up to date.
1. These requirements and others will be on many standard forms:
Ø Full Name (including middle)
Ø Date of birth
Ø Driver’s license/I.D. number and state
Ø Social Security number (for credit check)
Ø Name, date of birth, and relationship of all people who will occupy the premises
Ø Name, address and phone number of past two landlords
Ø Income/employment history for the past year along with supervisor’s name, phone number and address
Ø If self-employed, copies of business license, tax returns and bank records
Ø Additional income documentation necessary if including it for qualification
Ø Credit and loan references, auto payments, credit cards and other loans
Ø Bank references, bank name, account number, address, phone number
Ø As appropriate, emergency contact information and/or pet information and deposit rules
2. The following question is not typical on standard forms but may be added.
“In the last 7 years, have you or any other person named on this
application been convicted for dealing or manufacturing illegal
drugs?” (You may also ask about other crimes that constitute a threat
health, safety, or welfare of other tenants or neighbors. Examples
include burglary, robbery, sexual assault, child molestation, etc.)
The applicant may lie, but it provides grounds to deny the application. With the right provisions, the rental agreement may also be terminated.
Fees and “Application Deposit”
In many states landlords charge application fees or earnest money to defray the
cost of screening. Charging a fee or collecting a deposit with the application
may:
· Promote “self-screening.” Criminals may recognize fees as your
commitment to screen. Fees may also discourage applicants from
filling out applications at multiple locations.
· Save time. Fees often inhibit unqualified applicants from applying.
Verify Information
Landlords are often surprised when they receive calls about past tenants. One
landlord said, “99% of these problems can be avoided through effective
screening. There is no better investment you can make.”
The following list includes some best business practices for every applicant:
1. Compare the photo I.D. to the printed information. Make sure the
I.D. matches the applicant and other information provided on the application.
2. Run and analyze the credit report. While not foolproof, credit
reports provide independent verification of the application. Included
are past addresses, court ordered evictions, credit worthiness, past due bills and other information. To run reports, you may join a credit bureau directly or use an applicant-screening firm.
3. Independently identify previous landlords. A good indicator of
future action is someone’s past behavior. To check the accuracy of the application, verify an applicant’s past address through a credit check. Then verify property ownership through county tax assessor records. Finally, crosscheck the ex-landlord’s phone numbers with the phone book.
4. Prepare a set list of questions to ask previous landlords. Use a standard list of questions to verify information applicants provide. A good question is, “Would you rent to this person again?”
5. Get co-signers if necessary. Require co-signers for “borderline”
applicants. Make sure to verify the credit and background of all co-
signers.
6. Section 8 renters. Hand-deliver a written request for information to
the local Public Housing Agency.
7. Verify income sources. Call current and past employers using phone
numbers from the phone book. Don’t cut corners.
8. Check for criminal convictions. Court proceedings are typically
public record and can be obtained through the court system. Many private tenant-screening firms will do criminal background searches.
9. Verify all other information according to your screening criteria.
Hiring Employees
Landlords often hire resident managers to assist with tenant screening and routine
maintenance. It is critical to screen resident managers and other “agents” as
thoroughly as applicants. When employees break the law, both the employee and
employer can be held liable by the injured party.
Turning Down Applicants
With posted fair rental criteria and equal application, it is generally safe to reject
applicants who do not meet the guidelines. But, what do you tell the applicant?
The Minimum!
Whether you reject applicants based on information you discover or due to credit
checks, follow the guidelines defined by the federal government in the Fair
Credit Reporting Act for denial of credit. Check to see if your local jurisdiction
requires additional disclosure.
THE BASICS
The goal is to attract honest tenants and deter dishonest applicants. To save time and money, weed out the bad applicants as early as possible. Implement systems that discover dishonest applicants and use a legal, simple and fair process to deny them.
Overview
Here are two ways to screen out potentially troublesome tenants:
1. Encourage self-screening. Establish situations to discourage dishonest applicants. Fewer substandard applicants mean less work for management!
2. Uncover past behavior. Most thorough background checks will reveal poor references, inconsistent credit ratings or falsehoods on the application.
It is important that applicants read and understand the rules and process. It will help protect you legally and show applicants you are committed to preventing problems before they begin. There are no one-step solutions. Effective management requires the approach and attitude that discourages illegal behavior and encourages a stable tenant base.
Applicant Screening, Civil Rights and Fair Housing
Landlords often get confused if or when they can turn down applicants. Some
believe civil rights laws require that they accept almost everyone. This is not
the case.
What Are the Protected Classes?
Federal Fair Housing Laws strictly prohibit any discrimination against
these protected classes:
race color
religion sex
handicap familial status
national origin source of income
sexual preference
Civil rights laws protect the way applicants are screened and ensure that
all qualified applicants feel equally invited to apply. State and local
governments may add categories (marital status, sexual orientation,
source of income or participation in a government subsidy program).
Note: Keep an “Equal Opportunity Housing” sign in the office to remind
prospective residents that you do not discriminate.
Washington State Law
Washington State covers discrimination laws under RCW Chapter 49.60.
Washington State Law defines protected classes as race, color, creed, sex, marital
status, familial status, national origin, disability or use of a service animal.
Additional information can be found at:
Washington State Human Rights Commission (WSHRC)
711 South Capitol Way, Suite 402 Olympia, WA 98504-2490
1-800-233-3247 1-800-300-7525 TTY
www.wa.gov/hrc/(external link)
Each time an applicant is denied, you have denied someone who belongs to a
protected class. The question becomes, were all applicants treated fairly? If the set
criteria are applied consistently, you may turn down applicants who do not
measure up. The following examples are consistent with federal fair housing
guidelines:
All applicants are required to show photo I.D. If someone is turned down for not
showing photo I. D., and everyone isn’t required to show it, the action is illegal.
Your written criteria prohibits the sale of drugs on the premises. Written drug
criteria must be given to everyone, not just one class of people, e.g., only specific
racial groups.
You refuse to rent to applicants who provide false information during the
application process. It is legal and appropriate.
There is nothing illegal about setting fair criteria and holding all applicants to
the same standards. Be consistent!
What About Non-Protected Classes?
Discrimination is allowed against non-protected classes. Be consistent! While not
illegal, discrimination may not be profitable. For example, refusing pets may turn
away many potential renters.
What About Criminal Behavior?
It is not illegal to deny residency to applicants based on their criminal
history. However, use convictions (or plea bargains) as your guide. It is
a good practice to refuse residency to applicants who repeatedly disturbed
or threatened previous neighbors or damaged properties.
Written Tenant Criteria
Our program recommends written rental criteria and posting a copy. We also
suggest attaching a copy of the criteria to every application and making sure
applicants read everything.
The following is a “generic” example intended to show various types of rules
you might set. Adjust the criteria to your needs. Make sure an attorney familiar
with current landlord/tenant issues reviews the criteria before implementing
them.
Introduction
We work with neighbors and local landlords to maintain the quality
of our neighborhood. We do not want rental units used for illegal
activity. To that end, we utilize a thorough screening process for all
prospective renters.
Please review our list of criteria. If you meet the criteria, please apply.
Please note that we provide equal housing opportunity and do not
discriminate on the basis of race, color, religion, sex, handicap,
national origin, or familial status.
Screening Criteria
q A complete application
A complete application is required for each person 18 years of age or older who will reside at the location. Applications missing information will be returned.
q Rental history verifiable from unbiased sources
If you are related by blood or marriage to one of the previous landlords listed, or your rental history does not include at least two previous landlords, we will require a qualified co-signer on your rental agreement. Qualified co-signers must meet all applicant screening criteria or pay an additional security deposit of $XXX.
It is your responsibility to provide us with the information necessary to contact your past landlords. We reserve the right to deny your application if, after making a good faith effort, we are unable to verify your rental history. If you owned, rather than rented, your previous home, you will need to furnish mortgage company references and proof of title ownership or transfer.
q Sufficient income/resources.
If the combination of your monthly personal debt, utility costs, and rent payments exceeds X% of your monthly income before taxes, we will require a qualified co-signer on your rental agreement or an additional deposit of $XXX amount. If the combination exceeds X + Y% of your monthly income, your application will be denied.
We must be able to independently verify the amount and stability of your income through pay stubs, employer/source contact, or tax records. If self-employed, please provide your business license, tax records, bank records, or a list of client references. For Section 8 applicants, the amount of assistance will be considered part of your monthly income for purposes of figuring the proportion.
q Two pieces of I.D. must be shown.
At the time of application we require a government issued photo identification card and a second piece of I.D.
q Section 8 information access.
Section 8 applicants must sign a consent form allowing the local Public Housing Agency to verify information from your file regarding your rental history.
q False information is grounds for denial.
You will be denied rental if you misrepresent any information on the application. If misrepresentations are found after a rental agreement is signed, your rental agreement will be terminated.
q Criminal convictions may result in application denial.
You will be denied rental if, in the last 7 years, you have had a conviction for any type of crime that would be considered a serious threat to real property or to other residents’ peaceful enjoyment of the premises. This includes manufacture or distribution of controlled substances.
q Court judgments may result in denial of your application.
If, in the last 5 years, you have been through a court ordered eviction or had any judgment against you for financial delinquency, your application will be denied. This restriction may be waived in the event of a single instance where the circumstances can be justified AND a qualified co-signer is added to the rental agreement.
q Poor credit record may result in denial of your application.
Occasional credit records showing payments within 30 to 60 days past due will be acceptable if you can justify the circumstances. Records of payments past 90 days will result in a denied application.
q Poor references from previous landlords may result in denial of your application.
You will be turned down if previous landlords report significant complaint levels of repeatedly disturbing the neighbors’ peace, prostitution, drug dealing, drug manufacturing, damage to the property beyond normal wear, reports of violence or threats to landlords and/or neighbors, allowing persons not on the lease to reside on the premises or failure to give proper notice when vacating the property. You will also be turned down if a previous landlord would decline to rent to you again for any reason pertaining to lease violating behavior of yourself, your pets, or others allowed on the property during tenancy.
q There is a $XXX earnest deposit, conditionally refundable.
If your application is accepted, the deposit will be applied to your security deposit. If you withdraw your application before screening expenses are incurred, your deposit will be refunded.
q We will accept the first qualified applicant.
Upon acceptance, you will be required to sign a rental agreement and abide by the rules of our rental community. A complete copy of our rental agreement is available for review. Please note that the rental agreement:
· Requires you to prevent all household members, guests and visitors from engaging in any lease violating behavior
· Forbids you and all household members, guests and visitors from engaging in illegal drug use, sale, manufacture, distribution or other criminal activity on or near the property
· Limits your ability to allow guests to stay for long periods without the advance permission of the landlord
· Provides that serious or repeated violations of the rental agreement will result in termination of your rental agreement
Please read the entire rental agreement carefully as we take each part of the agreement seriously. Our process helps us prevent illegal activity from disturbing the peace of our community and gives our tenants the best housing possible.
Application Information
The best approach is to contact a local legal publishing company, a rental housing association or your attorney for copies of appropriate forms. Whether you use application forms or rental agreements, make sure they are designed specifically for the laws that govern your area and are up to date.
1. These requirements and others will be on many standard forms:
Ø Full Name (including middle)
Ø Date of birth
Ø Driver’s license/I.D. number and state
Ø Social Security number (for credit check)
Ø Name, date of birth, and relationship of all people who will occupy the premises
Ø Name, address and phone number of past two landlords
Ø Income/employment history for the past year along with supervisor’s name, phone number and address
Ø If self-employed, copies of business license, tax returns and bank records
Ø Additional income documentation necessary if including it for qualification
Ø Credit and loan references, auto payments, credit cards and other loans
Ø Bank references, bank name, account number, address, phone number
Ø As appropriate, emergency contact information and/or pet information and deposit rules
2. The following question is not typical on standard forms but may be added.
“In the last 7 years, have you or any other person named on this
application been convicted for dealing or manufacturing illegal
drugs?” (You may also ask about other crimes that constitute a threat
health, safety, or welfare of other tenants or neighbors. Examples
include burglary, robbery, sexual assault, child molestation, etc.)
The applicant may lie, but it provides grounds to deny the application. With the right provisions, the rental agreement may also be terminated.
Fees and “Application Deposit”
In many states landlords charge application fees or earnest money to defray the
cost of screening. Charging a fee or collecting a deposit with the application
may:
· Promote “self-screening.” Criminals may recognize fees as your
commitment to screen. Fees may also discourage applicants from
filling out applications at multiple locations.
· Save time. Fees often inhibit unqualified applicants from applying.
Verify Information
Landlords are often surprised when they receive calls about past tenants. One
landlord said, “99% of these problems can be avoided through effective
screening. There is no better investment you can make.”
The following list includes some best business practices for every applicant:
1. Compare the photo I.D. to the printed information. Make sure the
I.D. matches the applicant and other information provided on the application.
2. Run and analyze the credit report. While not foolproof, credit
reports provide independent verification of the application. Included
are past addresses, court ordered evictions, credit worthiness, past due bills and other information. To run reports, you may join a credit bureau directly or use an applicant-screening firm.
3. Independently identify previous landlords. A good indicator of
future action is someone’s past behavior. To check the accuracy of the application, verify an applicant’s past address through a credit check. Then verify property ownership through county tax assessor records. Finally, crosscheck the ex-landlord’s phone numbers with the phone book.
4. Prepare a set list of questions to ask previous landlords. Use a standard list of questions to verify information applicants provide. A good question is, “Would you rent to this person again?”
5. Get co-signers if necessary. Require co-signers for “borderline”
applicants. Make sure to verify the credit and background of all co-
signers.
6. Section 8 renters. Hand-deliver a written request for information to
the local Public Housing Agency.
7. Verify income sources. Call current and past employers using phone
numbers from the phone book. Don’t cut corners.
8. Check for criminal convictions. Court proceedings are typically
public record and can be obtained through the court system. Many private tenant-screening firms will do criminal background searches.
9. Verify all other information according to your screening criteria.
Hiring Employees
Landlords often hire resident managers to assist with tenant screening and routine
maintenance. It is critical to screen resident managers and other “agents” as
thoroughly as applicants. When employees break the law, both the employee and
employer can be held liable by the injured party.
Turning Down Applicants
With posted fair rental criteria and equal application, it is generally safe to reject
applicants who do not meet the guidelines. But, what do you tell the applicant?
The Minimum!
Whether you reject applicants based on information you discover or due to credit
checks, follow the guidelines defined by the federal government in the Fair
Credit Reporting Act for denial of credit. Check to see if your local jurisdiction
requires additional disclosure.
Thursday, April 15, 2010
Background Check Buyer Beware
This article tells the buyer what to be aware of when ordering a background check and how the "instant nationwide" searches may be useless in your area.
By Kit Fremin
In today’s world background checks on other people have become a necessary part of our business and sometimes, personal life. What parent now days would not first check a person’s background before they hire a nanny for their children, for example? And what small business wouldn’t check the background of a person hired to manage the bank accounts of that business? Large businesses issue Requests For Proposals to choose a background check company that best suits their needs in terms of the services offered, information management, price and reliability. They then usually establish a long term relationship with that selected company. But what about the rest of us? Are we even allowed to “check up” on another person and how do we go about it?
SURPRISING TRUTH # 1: It is perfectly legal to do a background check on anyone at any time. Now I know that I’ve lost some of you who now think that I am off my rocker because you know that there are all sorts of forms that you have to sign with all kinds of legal warnings with criminal penalties and such, but I’ll say it again. “ANYBODY CAN DO A BACKGROUND CHECK ON ANYONE, ANY TIME THEY FEEL LIKE IT.” Because I want you to read this whole article, I am not going to explain those statements until further into the article.
SURPRISING TRUTH # 2: There is no instant national database of all criminal records that you can access. Right now you are probably sure that I am crazy. “Why just last night on Law & Order they got the bad guy’s record . . .” There, you are talking about NCIC, the National Crime Information Center or otherwise known as the FBI files. While the FBI maintains the best and most accurate records, unfortunately, you can’t get them, unless of course you are a federally insured bank, a defense department contractor, a nuclear power plant, a branch of the government itself or some other such entity. Some people out there are still convinced that the government has magic databases with all of our secret information on everything from criminal history to credit and health information. If that were true, why does it take the government itself four months and $2400 to conduct its own background checks? Don’t believe me? Look here: http://www.opm.gov/extra/investigate/FIN-2002/fin02-01Attach1.asp
SURPRISING TRUTH # 3: There is a big, big difference between everywhere and anywhere. The companies that sell database information advertise that they search everywhere, or at least that’s what they want you to believe. Using the word Nationwide is designed to make you think that they check everywhere. The question then becomes, “If you don’t check everywhere, what do you check?” The answer is that we check anywhere a person has lived or worked. It is much better to check ANYWHERE and get real records than to check EVERYWHERE and get inaccurate database records?
So if there’s no such thing as an instant nationwide database what are these companies selling? First let me tell you what these databases are good for and then I’ll tell you why they are dangerous. In some states of the USA their REAL criminal records are available in some kind of publicly accessible form. It may be on the internet and it may require a subscription or acknowledgement of permissible purpose for its use, but it is available. Texas is a good example of this. For a small fee you can go online and access the REAL criminal records of the state of Texas. Florida, Minnesota and Virginia are other examples of where you can get via these database services what I call “REAL” records. The problem is that these database companies don’t tell the consumer (you) that is most cases and in most areas of the country you are getting either nothing or marginal information at best.
Here’s why. The companies that collect and sell these database records, and the hundreds of companies that re-sell this information do not emphasize the weakness of their systems. This is why they emphasize the words “instant” and “nationwide” in their promotions. Everyone wants cheap and instant as opposed to slow and expensive, don’t they? Can you imagine a website that advertises “Slow And Expensive Limited Area Background Checks.” In fact to get really accurate records in most of the country it still requires in person searching at each county courthouse.
These companies get records where they can get them for free; usually from a state’s Department of Corrections, which means you are only getting info on a person if he/she has been convicted of a felony and sentenced to prison. When most people think of a criminal history background check they think of all arrests and convictions; both misdemeanors and felonies and the court disposition, guilty or not guilty and the sentence. As you can see, if you are getting only felony convictions, you are getting only a small piece of the pie. For example; a person could be arrested a couple of times for having drug paraphernalia or a small amount of drugs in his or her possession. If the records you are getting only include felony convictions, you would have no record of that person’s drug abuse.
The other problem that these Instant Nationwide background checks have is that in many areas of the country they get nothing at all because the states or the county superior courts or district courts don’t furnish them with free records. Here is another example: Suppose you are a parent in San Francisco, Las Vegas, Salt Lake City, Boston, Atlanta or New Orleans (just to name a few) and you want to do a criminal background check. You go online and type in “background check” in Yahoo or Google and right away you see the ads for the “Instant Nationwide” background checks. You choose one of the websites that offers instant records, you pay your $19.95 or $49.95 and you provide the information on the person you want to check-out. Instantly the website tells you that there is no record found based on the info that you have provided. You feel great! You go ahead and tell the nanny that she can start tomorrow because she has passed the background check. Here comes the big kick in the gut. . . What the website didn’t tell you is that their database records don’t search any of those areas at all. You just paid $19.95 or $49.95 and got NOTHING, ZERO, ZIP, NADA. Disclosure: Actually the proceeding sentence is not 100% true. In Nevada and Louisiana the databases do search currently incarcerated prisoners in their respective prison systems. So if your potential nanny is in prison right now then it would tell you that he/she is in prison, but I guess you would already know that.
Now to explain the # 1 Surprising Truth: I’ll say it again: Anyone can check anyone, anytime. If you are so inclined, you can check the criminal or civil record (or lack thereof) of your daughter’s boyfriend (I do that on a regular basis) your crazy neighbor next door, your business partner, your doctor, your ex-husband, your mayor or even any of the presidential candidates. In fact, you don’t even have to be a citizen of the USA to get these records. You can walk into the Superior Court (District Court in some states) clerk’s office, in the jurisdiction where that person lives/lived, go up to the counter, fill out a slip of paper, hand it to the clerk and wait for the results. Remember that you will only get the records from that county, i.e., if a person lived in multiple counties you would have to check each of them. The subject of your search could be an axe murder from the next county over, but your county court clerk would not have a record of it.
OK, now you’ve got the information, what do you do with it? This is the area where the law is concerned; what you do with the information! If you use this information to discriminate against a person, deny them employment, housing or entrance to a school, etc. then you are violating the law and opening yourself to big time liabilities and possible lawsuits. This is what all of the consent forms with warnings are all about. It’s not the getting of the information that the laws are concerned with but the use of it.
In summary, read the fine print and ask questions or go to the courthouse and do it yourself.
Kit Fremin and his company, Background Check International have served such varied clients as Calvary Chapels (nationwide) and the Department of Defense, Mars, Inc. (candy) and the UN, the LA Times and the NTSB since 1994. For more info please visit http://www.bcint.com or e-mail him at kit@bcint.com.
This article tells the buyer what to be aware of when ordering a background check and how the "instant nationwide" searches may be useless in your area.
By Kit Fremin
In today’s world background checks on other people have become a necessary part of our business and sometimes, personal life. What parent now days would not first check a person’s background before they hire a nanny for their children, for example? And what small business wouldn’t check the background of a person hired to manage the bank accounts of that business? Large businesses issue Requests For Proposals to choose a background check company that best suits their needs in terms of the services offered, information management, price and reliability. They then usually establish a long term relationship with that selected company. But what about the rest of us? Are we even allowed to “check up” on another person and how do we go about it?
SURPRISING TRUTH # 1: It is perfectly legal to do a background check on anyone at any time. Now I know that I’ve lost some of you who now think that I am off my rocker because you know that there are all sorts of forms that you have to sign with all kinds of legal warnings with criminal penalties and such, but I’ll say it again. “ANYBODY CAN DO A BACKGROUND CHECK ON ANYONE, ANY TIME THEY FEEL LIKE IT.” Because I want you to read this whole article, I am not going to explain those statements until further into the article.
SURPRISING TRUTH # 2: There is no instant national database of all criminal records that you can access. Right now you are probably sure that I am crazy. “Why just last night on Law & Order they got the bad guy’s record . . .” There, you are talking about NCIC, the National Crime Information Center or otherwise known as the FBI files. While the FBI maintains the best and most accurate records, unfortunately, you can’t get them, unless of course you are a federally insured bank, a defense department contractor, a nuclear power plant, a branch of the government itself or some other such entity. Some people out there are still convinced that the government has magic databases with all of our secret information on everything from criminal history to credit and health information. If that were true, why does it take the government itself four months and $2400 to conduct its own background checks? Don’t believe me? Look here: http://www.opm.gov/extra/investigate/FIN-2002/fin02-01Attach1.asp
SURPRISING TRUTH # 3: There is a big, big difference between everywhere and anywhere. The companies that sell database information advertise that they search everywhere, or at least that’s what they want you to believe. Using the word Nationwide is designed to make you think that they check everywhere. The question then becomes, “If you don’t check everywhere, what do you check?” The answer is that we check anywhere a person has lived or worked. It is much better to check ANYWHERE and get real records than to check EVERYWHERE and get inaccurate database records?
So if there’s no such thing as an instant nationwide database what are these companies selling? First let me tell you what these databases are good for and then I’ll tell you why they are dangerous. In some states of the USA their REAL criminal records are available in some kind of publicly accessible form. It may be on the internet and it may require a subscription or acknowledgement of permissible purpose for its use, but it is available. Texas is a good example of this. For a small fee you can go online and access the REAL criminal records of the state of Texas. Florida, Minnesota and Virginia are other examples of where you can get via these database services what I call “REAL” records. The problem is that these database companies don’t tell the consumer (you) that is most cases and in most areas of the country you are getting either nothing or marginal information at best.
Here’s why. The companies that collect and sell these database records, and the hundreds of companies that re-sell this information do not emphasize the weakness of their systems. This is why they emphasize the words “instant” and “nationwide” in their promotions. Everyone wants cheap and instant as opposed to slow and expensive, don’t they? Can you imagine a website that advertises “Slow And Expensive Limited Area Background Checks.” In fact to get really accurate records in most of the country it still requires in person searching at each county courthouse.
These companies get records where they can get them for free; usually from a state’s Department of Corrections, which means you are only getting info on a person if he/she has been convicted of a felony and sentenced to prison. When most people think of a criminal history background check they think of all arrests and convictions; both misdemeanors and felonies and the court disposition, guilty or not guilty and the sentence. As you can see, if you are getting only felony convictions, you are getting only a small piece of the pie. For example; a person could be arrested a couple of times for having drug paraphernalia or a small amount of drugs in his or her possession. If the records you are getting only include felony convictions, you would have no record of that person’s drug abuse.
The other problem that these Instant Nationwide background checks have is that in many areas of the country they get nothing at all because the states or the county superior courts or district courts don’t furnish them with free records. Here is another example: Suppose you are a parent in San Francisco, Las Vegas, Salt Lake City, Boston, Atlanta or New Orleans (just to name a few) and you want to do a criminal background check. You go online and type in “background check” in Yahoo or Google and right away you see the ads for the “Instant Nationwide” background checks. You choose one of the websites that offers instant records, you pay your $19.95 or $49.95 and you provide the information on the person you want to check-out. Instantly the website tells you that there is no record found based on the info that you have provided. You feel great! You go ahead and tell the nanny that she can start tomorrow because she has passed the background check. Here comes the big kick in the gut. . . What the website didn’t tell you is that their database records don’t search any of those areas at all. You just paid $19.95 or $49.95 and got NOTHING, ZERO, ZIP, NADA. Disclosure: Actually the proceeding sentence is not 100% true. In Nevada and Louisiana the databases do search currently incarcerated prisoners in their respective prison systems. So if your potential nanny is in prison right now then it would tell you that he/she is in prison, but I guess you would already know that.
Now to explain the # 1 Surprising Truth: I’ll say it again: Anyone can check anyone, anytime. If you are so inclined, you can check the criminal or civil record (or lack thereof) of your daughter’s boyfriend (I do that on a regular basis) your crazy neighbor next door, your business partner, your doctor, your ex-husband, your mayor or even any of the presidential candidates. In fact, you don’t even have to be a citizen of the USA to get these records. You can walk into the Superior Court (District Court in some states) clerk’s office, in the jurisdiction where that person lives/lived, go up to the counter, fill out a slip of paper, hand it to the clerk and wait for the results. Remember that you will only get the records from that county, i.e., if a person lived in multiple counties you would have to check each of them. The subject of your search could be an axe murder from the next county over, but your county court clerk would not have a record of it.
OK, now you’ve got the information, what do you do with it? This is the area where the law is concerned; what you do with the information! If you use this information to discriminate against a person, deny them employment, housing or entrance to a school, etc. then you are violating the law and opening yourself to big time liabilities and possible lawsuits. This is what all of the consent forms with warnings are all about. It’s not the getting of the information that the laws are concerned with but the use of it.
In summary, read the fine print and ask questions or go to the courthouse and do it yourself.
Kit Fremin and his company, Background Check International have served such varied clients as Calvary Chapels (nationwide) and the Department of Defense, Mars, Inc. (candy) and the UN, the LA Times and the NTSB since 1994. For more info please visit http://www.bcint.com or e-mail him at kit@bcint.com.
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