Philadelphia's vibrant culture, thriving job market, and affordable housing options make it an attractive city for renters— increasing demand and highlighting the importance of thorough tenant screening.
Tenant criminal background checks are necessary for property owners to protect their rental units, reduce risks, and maintain a secure environment. These checks help identify eligible tenants, prevent evictions or property damage, and ensure compliance with department regulations and local laws.
Landlords and property managers in Philadelphia should follow best practices for conducting tenant screenings to ensure legal compliance and make informed tenant selections.
The Tenant Screening Report
The tenant screening report is a crucial first step in evaluating applicants. It offers key details about their criminal background, credit score, and eviction history.
Property managers must carefully review these reports to select reliable tenants who will care for the property, pay rent on time, and adhere to lease terms.
●Financial Responsibility and Proof of Income
To ensure rental suitability, landlords should verify a tenant’s ability to pay rent by reviewing their credit score, proof of income, and employment history.
A strong credit score and a steady job indicate reliability, and landlords should request income verification, such as pay stubs or bank statements, to confirm affordability.
●Rental History and References
Tenant screening should include checking rental history for past evictions and ensuring the tenant has maintained properties well.
Requesting references and disclosures from previous landlords provides valuable insight into the tenant's responsibility and behavior during prior leases.
Fair Chance Housing Ordinance and Fair Credit Reporting Act (FCRA)
Philadelphia's Fair Chance Housing Ordinance restricts landlords from asking for criminal background checks until after making a conditional offer. To prevent discrimination, landlords must follow these guidelines and provide written notice if they withdraw the offer due to criminal findings.
A tenant screening report must also comply with the Fair Credit Reporting Act (FCRA), which requires landlords to obtain the tenant’s written consent before accessing credit or criminal records. If an application is denied, the tenant must be notified in writing.
Best Practices for Criminal Background Checks
When conducting tenant criminal background checks in Philadelphia, it's essential to adhere to best practices that ensure compliance with local laws and promote fair housing. Here are key guidelines to follow:
●Understand Local Regulations: Familiarize yourself with Philadelphia's Renters' Access Act, which establishes uniform screening criteria for applicants' rental and credit history. This act aims to support fair access to housing and outlines specific guidelines that landlords must follow.
●Comply with Fair Housing Laws: Ensure adherence to the Fair Housing Act and the Pennsylvania Landlord and Tenant Act of 1951, which prohibit discrimination based on race, color, religion, national origin, sex, familial status, or disability.
●Obtain Written Consent: Before initiating any background checks, secure written consent from the prospective tenant. This is a legal requirement and demonstrates transparency in the screening process.
●Use Reputable Screening Services: Utilize established tenant screening services that provide comprehensive reports, including criminal history, credit history, employment verification, and rental history. Ensure these services comply with the Fair Credit Reporting Act (FCRA).
●Evaluate Criminal History Fairly: When assessing criminal records, consider the nature, severity, and recency of offenses. Apply consistent criteria to all applicants to avoid discriminatory practices.
●Maintain Consistent Screening Criteria: Establish and apply the same screening criteria for all applicants. This consistency helps prevent discrimination claims and ensures a fair evaluation process.
●Document the Screening Process: Keep detailed records of all communications, consents, and findings during the screening process. Proper documentation can provide legal protection in case of disputes.
● Stay Updated on Legal Changes: Regularly review and stay informed about changes in federal, state, and local laws regarding tenant screening to ensure ongoing compliance.
By following these best practices, landlords in Philadelphia can conduct tenant criminal background checks responsibly, ensuring compliance with legal requirements and promoting fair housing opportunities.
Ensuring a Safe and Compliant Rental Process
Thorough tenant criminal background checks are essential to effective property management in Philadelphia. By following legal guidelines, property managers can find great tenants, reduce risks, and maintain a responsible, compliant dwelling for all involved.
Ready to take the hassle out of managing your rental properties? Here at Innovate Realty and Property Management, we handle everything—from tenant screening to maintenance—so you can maximize your investment with peace of mind.
Contact us today and discover how our expert property management services can turn your rental units into a stress-free, profitable venture!
Additional Resources
Tips to Attract Tenants in a Tough Market in Philadelphia
How Often Should a Landlord Inspect Rental Property in Philadelphia?