Overcoming Tenant Screening Barriers Jane Edmonstone, Esq. Senior Supervising Attorney, Housing Unit Community Legal Aid One Monarch Place, Suite 400 Springfield, MA 01144

Who is Community Legal Aid? CLA provides free legal services to low-income and elderly residents of Central and Western Massachusetts. We help people in the areas of housing, public benefits, education, family law, immigration and more. Individuals can apply for services by visiting one of our offices, applying online at communitylegal.org, or calling 855-CLA-LEGAL.

Why are tenants denied apartments?

What’s the difference between these two columns? Not enough income Bad credit Eviction history/bad landlord references Criminal history Other reasons? Race, color, national origin Religion Disability Rental subsidy or public assistance Sex, sexual orientation, gender identity Marital status Familial status (having kids) What’s the difference between these two columns?

Applying for an apartment in the private market versus applying for subsidized housing Private market: craigslist.org, etc; little or no structured process Subsidized apartments: housing authorities, multifamily complexes, very structured process for denial and appeals

Common issues in the private market Eviction history Kids and lead paint Section 8 or other rental subsidy Assistance animals Others?

Eviction history All Housing Court records are accessible online at masscourts.org Landlord routinely access these records to screen tenants Tips? Judgment not entering against tenant, especially a money judgment If so, make sure the landlord files a “satisfaction of judgment” when rent is paid off. Get case “dismissed” at the end of the case. In reality, the mere filing of a case is prejudicial and, for now, that cannot be erased.

Lead paint and kids Massachusetts requires the removal or covering of lead paint hazards in homes built before 1978 where any children under 6 live. Lead paint hazards include loose lead pain, lead paint on windows and friction surfaces, and other surfaces accessible to children. This process can be expensive – it’s an obligation that’s only triggered when a child lives in the home. It is illegal housing discrimination for a landlord to refuse to rent an apartment because the tenant family has a child. (Landlord can delay the move-in for 30 days to abate the hazards).

Section 8 and other rental subsidies It is illegal housing discrimination for a landlord to refuse to rent an apartment because the tenant has a rental voucher, or because of any requirements of the voucher program. Why don’t landlords want to rent to tenants with vouchers? In what ways are vouchers appealing to landlords?

Assistance animals Fair housing laws permit a tenant to have an assistance animal, whether a trained service animal or an emotional support animal. Tenant must have a disability, and the animal must assist the tenant in managing the symptoms of the disability. Landlords can ask for verification on non-obvious disabilities.

What can a tenant do if they are denied for a reason they think is discriminatory? Talk to the landlord Consult with an attorney – Mass Fair Housing Center, CLA Sue the landlord Massachusetts Commission Against Discrimination or the U.S. Department of Housing and Urban Development. Court (Housing, State Superior, Federal) Can ask for emergency relief, like “freezing the apartment”

Subsidized apartments – structured process Tenants must meet basic eligibility standards – family, elderly or disabled individual with low level of income. Two levels of screening – basic background, and then criminal record.

First level of screening Eviction history (including nonpayment of rent) Debt to another housing authority Landlord references Truthfulness on application

Challenging a denial Appeal and appeal quickly!!! (“I want a hearing to appeal this decision”) Review the file before the hearing Attend the hearing - informal setting Can bring an advocate Present “mitigating” factors, or evidence to disprove the housing provider’s reasons.

Second level of screening – criminal record (CORI) Only reach this stage if the tenant passes the first stage APPEAL and appeal quickly! Look at the record the housing provider has Review their CORI policy Identify dismissal and pending charges – HUD has issued guidance on the issue of arrests Present mitigating factors at the hearing: type of crime, passage of time, character references Addiction? Reasonable accommodation for a disability if no longer in active use.

Questions?