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One of the benefits of doing proper credit checks and criminal background investigations of potential Hispanic tenants is
that it documents a landlord’s diligence in applying consistent, nondiscriminatory criteria in their rental decisions.
Without such documentation, a landlord faces possible litigation under the Fair Housing Act, which is also known as Title VIII of the Civil Rights Act
of 1968. The act prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related
transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18
living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and
handicap (disability). More on the Fair Housing Act.
Landlords should screen applicants on the order that they received the applications and base their decisions on criteria that
demonstrate a tenant’s ability to pay rent and a tenant’s criminal background is not a threat to the property or the
community.
When filing out their rental application, many Hispanics may not be able to supply a social security number. This should
not dissuade a landlord from following through with the screening process. Many Hispanics use a federal tax ID to build
credit information. If a Federal Tax ID is not available, the landlord should ask for the number that the applicant is using
to build their credit. It is highly recommended to do a criminal search in addition to the credit check to complete the
screening.
NOTE L2L MEMBERS:
The Landlord2Landlord National Database
allows members to perform Social Security searches as well as last name, maiden name and alias searches at no additional
cost. This enables landlords to have the flexibility to perform name only searches to catch the rent skipper that
changes their Social Security number (even if its one digit) in order to escape detection. This system also allows landlords
to enter their Hispanic renter’s (who have no Social Security number) information and conduct searches to track and record
renter history. Our Report Cards enable our
members to track by name only.
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