state records
Do Tenant Background Checks Differ from State to State?
Tenant background checks do differ, and moreso from state to state.
There are state-specific laws pertaining to privacy that limit the amount of free information you can get off a particular state’s website.This also goes for information you are required to buy. It is not always true that you get what you pay for in this arena of personal information on a prospective tenant.
Why would a landlord feel the need to do a tenant background check on a prospective tenant? In this lawsuit-ridden world, it generally is a good idea for any landlord to find out the character of anyone who either lives in his building or is being considered as a roommate. No one needs to look for problems, and if doing a background check can eliminate your vulnerability, it is worth doing. It is better to do the legwork before you allow someone to live in your building than to find yourself having to evict him later on.
The reality is that people may not always tell the complete truth in an application, be it for employment or for getting a suitable living arrangement. There is plenty of information and, for that matter, misinformation on the Internet. But certain private information can be accessed quite easily.
Some examples of easily obtained information are:
– Criminal records going back to at least ten years–but often, what they spent time in jail for
– Failure to pay child support
– Incarcerations
– If someone is on the Sex Offenders list
– Court records
– Credit check
– Past addresses going back to at least five years
The prospective tenant has to agree that he is aware of the background check and has to, in most states, sign a declaration stating this. Everything has to be done out in the open. Above all else, a landlord, or person in the market for a roommate, has the power to approve or disapprove this prospective tenant without having to tell him why. Not everyone is a fit for everyone else. Living in close proximity with another human is often an adjustment process.
Sometimes landlords get into legal problems when they attempt to do the tenant background check themselves. Issues of discrimination could be possibly brought up. Therefore, even though it requires the expenditure of money, hiring a company that is in the business of doing background checks might be a smart move. This company knows how to run a background check within the laws of the particular state they are doing business in.
The reality is that there are more potential tenant-applicants especially in the densely populated cities, e.g. New York City, Los Angeles. It is a landlord-controlled real estate market, with input from real estate brokers who often steer certain applicants to these landlords, acting as background check companies. There are inherent abuses in this industry, with kickbacks being offered by prospective tenants in order to see a particular apartment, and by the landlords to keep “undesirable” tenants out of their properties. The refusal to allow subletting by current tenants helps keep the status quo (racially, in most cases).
Do Employee Background Checks Differ from State to State?
Employee background checks absolutely differ from state to state. The reality is that if an employer wants to find out information about an applicant, going on their state website will often give them enough information about the prospective employee. Other means are to do a background check, include a credit report and use the services of an outside background check company.
Most people who are looking for employment these days are not all squeaky clean. It would be foolish for an employer not to check out those he will be entrusting with financial information, as well as to verify the honesty and background of those who he ends up hiring for any non-financially sensitive positions.
There are states where you cannot obtain certain private information free. And there are others, despite privacy issues being there, where you can obtain criminal records (from your state) and even records of misdemeanors from other states. This is usually done, but not exclusively, by the Human Resources department of the company interested in any particular applicant.
Looking into court records, criminal and civil litigation reports, and credit reports is often done by an outside background check company. The volume of applications most companies receive for each open position makes this a way to minimize the paperwork that the Human Resources department has to be responsible for.
Not to belabor the point, that there are more potential applicants than there are open positions. Employers can to a certain extent afford to be choosy about whom they end up hiring. They also should investigate the applicant’s information on his application about its veracity. There is much information on the Internet, but not all states will grant unfettered access to it.
There are state and federal non-discrimination laws which, if not adhered to, can place the employer in legal trouble. It is not against the law to ask the question,”Have you been arrested?” But it is against the law to make a negative decision about this person due to his response.
In what ways do states differ in allowing easy access to certain online information?
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Some give complete history with domestic and criminal incarcerations and arrests
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Most states require that the applicant signs that he is aware and agrees to a background check to be done on him, including a credit check
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It may include investigation of where the applicant lived for the past five years and where he currently lives
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It can be done by the Human Resources department of the company or by an outside employee screening company
Any information gotten for the possible employment of any particular applicant cannot be used for any other purpose. The information is the private property of the applicant and he has the right to ask for a copy of it or, if he is not hired, for the information to be destroyed.
Tenant Screening Services LLC 