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Tips For Disparate Impact Compliance

  1. When describing rental or Tenant Selection policy, No “blanket statements” for criminal records denying applicant from housing. Ex: “No felony convictions”.
  2. Use a 3rd party screening company. Allows proof of objectivity if complaint is filed.
  3. Two “automatic denials” allowed – a) Manufacture, distribution of federally controlled substance and; b) Lifetime registered sex offender.
  4. When applicant has criminal records focus on ones for “damage to persons or property”.
  5. Invite applicant (send letter) with criminal records the opportunity to explain any mitigating circumstances in a meeting called INDIVIDUAL ASSESSMENT.
  6. From 3rd party screening company order more in-depth information on criminal records in question. Applicant pays for the additional criminal record information.
  7. During INDIVIDUAL ASSESSMENT follow guidelines outlined by HUD
  8. Final decision to rent or deny needs to be done by high level person or outside agent with NO KNOWLEDGE of applicants sex, color, sexual orientation, DOB, Address, name, etc…

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