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  1. #1

    Default Did Not Consent to Criminal Background Check at Lease Renewal in D.C.

    My question involves landlord-tenant law in the State of: Washington, D.C.

    I recently renewed my rental lease and added a new roommate to the lease. After filing the application/fee, we were verbally informed of a "new policy" that requires the applicant to pass a "criminal & terrorism background check" before he or she can be accepted.

    My question involves the legitimacy of such a background check. Nothing the roommate, or I for that matter, have ever signed or submitted to the leasing company gives them any authorization other than to "obtain and verify my credit information".

    I have filled out many rental applications in the past and every one of them has specifically asked for my consent to do a criminal background check. Was this criminal check legal/allowed and if not, what rights do I have?

    Thanks!

  2. #2
    Join Date
    Jan 2008
    Posts
    252

    Default Re: Did Not Consent to Criminal Background Check at Lease Renewal in D.C.

    Background check are becoming very common. Your right is to accept the landlords terms or reject them. If you reject them, expect the landlord to deny approval for you new roommate.

  3. #3

    Default Re: Did Not Consent to Criminal Background Check at Lease Renewal in D.C.

    Yes, I understand this, but that wasn't really my question. The question is whether a landlord can run such a background check without my signed consent.

  4. #4
    Join Date
    Sep 2009
    Posts
    7

    Default Re: Did Not Consent to Criminal Background Check at Lease Renewal in D.C.

    Anyone can run a background check on anyone for just about any reason. It's not illegal. I could run one on you and I'm not your landlord. He likely could deny you if it came up with something he didn't like. I don't believe denying someone housing on the grounds of a criminal record is discrimination as opposed to denying someone a job solely on that ground (which is illegal I believe).

  5. #5
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Did Not Consent to Criminal Background Check at Lease Renewal in D.C.

    You can check with the HUD office for D.C. and find out for sure. www.HUD.gov (then search D.C.).

    I haven't heard of this in my ten years of managing, but anything is possible.

    However, there is a good chance that if you don't allow him to do the check, he can deny your new roommate the opportunity to rent to him.

    If neither of you has any history of criminal or terrorist activity, there should be nothing to worry about and this is all mute. If you really want him to move in and he has a clean background, just let it go.

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