Episode 229: Second Chances & Safety – The Fair Use of Background Checks
Summary
In this 6 part series all about tenant screening, episode 3, Dr. Jen Salisbury tackles one of the most complex areas of tenant screening: criminal history. Landlords want to keep their properties safe, but blanket "no criminals" policies can lead to severe legal trouble. We explore the legal backdrop of "fair chance" housing laws across North America and how to conduct individualized assessments. You’ll learn how to distinguish between relevant safety concerns and irrelevant past mistakes, ensuring your screening process is both protective and compliant. We’ll also share real-world examples from the US and Canada to help you navigate these sensitive situations.
Listen to the full episode :
This Week’s Blog Post:
Welcome to My Life as a Landlord, where we educate curious US and Canadian landlords, answer rental questions, and clear up confusions about all things housing. In this episode, I continue the tenant screening series by diving into one of the most sensitive parts of the process: background checks and criminal history. For many landlords, this is where tenant screening starts to feel uncomfortable because we are trying to balance safety, compliance, and fairness. The goal is not to make decisions based on fear. The goal is to understand what information is relevant, what information is not, and how to create a process that protects both your investment and your applicants.
Relevant History Versus Irrelevant History
I explain that not every criminal record tells the same story. An irrelevant crime might be a minor offence from many years ago or a conviction entirely unrelated to housing. The key is performing an individualized assessment where I weigh the nature of the offence, how long ago it happened, the applicant’s age at the time, and evidence of rehabilitation. Someone who has a steady job, strong references, and years of positive rental history may present a very different picture today than they did many years ago. The focus should be on recent and relevant history rather than automatically disqualifying someone because of a mistake in their past.
Building a Clear Screening Process
I walk through the importance of having written screening criteria that clearly explain which convictions may disqualify an applicant and for how long, provided that approach is allowed in your local area. I encourage landlords to establish the rules before applications arrive, not after. A consistent process might include reviewing income and credit first, showing the unit, and then conducting a background check later in the screening process. If something appears on a report, applicants should have an opportunity to explain it because mistakes happen, records can be inaccurate, and common names can create confusion. Clear policies help remove emotion from the decision-making process and create a more objective framework.
Documentation Is Your Shield
I spend time emphasizing documentation because it protects landlords when difficult decisions need to be made. Before running any background check, I recommend obtaining government-issued photo identification so you know you are screening the correct person. If an application is denied, the reason should be based on written, objective standards rather than feelings or assumptions. Statements like “I just don’t feel safe renting to you” are not appropriate. Instead, decisions should be tied directly to published screening criteria and documented accordingly. Consistency, transparency, and proper records are what help landlords stay compliant and reduce risk.
The Takeaway
I close by reminding landlords that safety and second chances can coexist. Someone who made a mistake in the past is not automatically a bad person, just as someone with no record is not automatically a perfect tenant. The key is having published written criteria, following the same procedure for every applicant, understanding the legal requirements in your area, and consulting local experts when you are unsure. Tenant screening can feel intimidating, but when you have a strong system, good documentation, and a clear process, it becomes much less scary. Real estate takes you places, and the better your screening process, the more confident you can be in the tenants you choose.