Background check error & discrimination?

What is the name of your state?What is the name of your state? Texas

My boyfriend and I were just turned down for an apartment lease based on something that came out in his background check and I don't know if we have any legal recourse. Nearly three years ago, he was falsely accused, arrested and indicted for a sex crime. After he passed a polygraph test with flying colors, the state dismissed the case.

When we filled out our applications for the new apartment, the background check showed a conviction for this crime. The leasing agent asked us to provide proof that the case had been dismissed, which we did. A few hours later the management called back and said that our application was denied due to "too many lapses in judgment" on his part. We are still waiting for clarification on what exactly this means, but I think it refers to a couple of misdemeanor convictions for bad checks from more than 5 years ago. The application didn't say anything about misdemeanor convictions...

Since our credit, income, and rental history came back fine, I can only assume that the real reason is his felony arrest. Is this legal under Texas law? Any suggestions for what to do next? I'm worried we're going to be stuck in our current apartment forever...

This is a post for JETX.

txjaf said:

What is the name of your state?What is the name of your state? Texas

My boyfriend and I were just turned down for an apartment lease based on something that came out in his background check and I don't know if we have any legal recourse. Nearly three years ago, he was falsely accused, arrested and indicted for a sex crime. After he passed a polygraph test with flying colors, the state dismissed the case.

When we filled out our applications for the new apartment, the background check showed a conviction for this crime. The leasing agent asked us to provide proof that the case had been dismissed, which we did. A few hours later the management called back and said that our application was denied due to "too many lapses in judgment" on his part. We are still waiting for clarification on what exactly this means, but I think it refers to a couple of misdemeanor convictions for bad checks from more than 5 years ago. The application didn't say anything about misdemeanor convictions...

Since our credit, income, and rental history came back fine, I can only assume that the real reason is his felony arrest. Is this legal under Texas law? Any suggestions for what to do next? I'm worried we're going to be stuck in our current apartment forever...

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****Whenever you applied for the apartment, did you read/sign a copy of their qualifications and rental criteria? If not, was this information posted so you could read it?

Go into the leasing office, and tell them you want a copy of their Resident Qualifying Criteria. This will allow you to determine whether or not they fairly denied your application for rental because they should have indicated on the form whether or not misdemeanor issues from 5+ years ago would be a determining factor.

"Is this legal under Texas law?"
*** Yes.

"Any suggestions for what to do next?"
*** Apply elsewhere. And you might consider talking to the management about the situation BEFORE they get 'surprised'. Oh, and you might also contact an attorney or the arresting agency about correcting the criminal record.

The post by 'Born to Lease' is NOT correct. There is NO statutory obligation for a landlord to have a printed (or even verbal) "Resident Qualifying Criteria". The ONLY statutory 'rights' are those against protected discrimination (race, color, national origin, religion, sex, family status, or disability) and a criminal record is not one of them.

Born to Lease said:

****Whenever you applied for the apartment, did you read/sign a copy of their qualifications and rental criteria? If not, was this information posted so you could read it?

Go into the leasing office, and tell them you want a copy of their Resident Qualifying Criteria. This will allow you to determine whether or not they fairly denied your application for rental because they should have indicated on the form whether or not misdemeanor issues from 5+ years ago would be a determining factor.

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**A: what? There is no such law.

JETX said:

"Is this legal under Texas law?"
*** Yes.

"Any suggestions for what to do next?"
*** Apply elsewhere. And you might consider talking to the management about the situation BEFORE they get 'surprised'. Oh, and you might also contact an attorney or the arresting agency about correcting the criminal record.

The post by 'Born to Lease' is NOT correct. There is NO statutory obligation for a landlord to have a printed (or even verbal) "Resident Qualifying Criteria". The ONLY statutory 'rights' are those against protected discrimination (race, color, national origin, religion, sex, family status, or disability) and a criminal record is not one of them.

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It is NOT required, but in the event this person believes discrimination is an issue, and they actually approved other applications with misdemeanor convictions, would change the course of things...especially IF they did discriminate against this couple based on the fasle conviction.

IF the management company is using the TAA forms, TAA has this form also available and TAA members using TAA forms are at the very least encouraged to post the Q & RC..AND...also have everyone sign & date a copy whenever they submit an application for rental.

JETX, you are correct that persons are not protected from criminal records whenever discrimination issues arrise. HOWEVER, if this couple believes they were the victims of discrimination, and they fall into one of the other categories, they may be able to prove the leasing agent (LA) discriminated against them based on the fact they fall into another category.

If that became the case, the leasing agent would then be made to prove they acted solely on the basis of the bad checks and NOT the fact they were of a particular race, etc. ALSO, the fair credit issue would be a factor in this case...obviously the LA ran a credit check.

According to HUD, the Q & RC should be made available to everyone, posted in a conspicuous place in the leasing center, and also having the doc. signed and dated simply eliminates confusion and reduces discriminatory acts.

The OP stated there was nothing on the Application regarding Misdemeanors...the information would be included in the Q & RC, and not the application, which they would be able to read if they request such information.

It is NOT required, but in the event this person believes discrimination is an issue, and they actually approved other applications with misdemeanor convictions, would change the course of things...especially IF they did discriminate against this couple based on the fasle conviction.

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No it wouldn't. The decision by a landlord to allow a person with a criminal record (even an incorrect one) is NOT a 'protected' discrimination!!!

IF the management company is using the TAA forms, TAA has this form also available and TAA members using TAA forms are at the very least encouraged to post the Q & RC..AND...also have everyone sign & date a copy whenever they submit an application for rental.

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Yeah, right!! So your response was "did you read/sign a copy of their qualifications and rental criteria?" when such a document is a SUGGESTION if someone MIGHT be using a particular form??? Come on, get real.

JETX, you are correct that persons are not protected from criminal records whenever discrimination issues arrise. HOWEVER, if this couple believes they were the victims of discrimination, and they fall into one of the other categories, they may be able to prove the leasing agent (LA) discriminated against them based on the fact they fall into another category.

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Now you are simply making things up. Please let us know where you 'divined' in the writers post that they were possibly victims of discrimination due to 'race, color, national origin, religion, sex, family status, or disability'???? We're waiting!!

If that became the case, the leasing agent would then be made to prove they acted solely on the basis of the bad checks and NOT the fact they were of a particular race, etc.

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Again, please, tell us where you got the suggestion that ANY of your post was likely.... or even possible!!

ALSO, the fair credit issue would be a factor in this case...obviously the LA ran a credit check.

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Gee, are you forgetting that the TAA application (the one that you ASSUMED was used) gives the landlord the RIGHT to run a credit check on the applicant??

According to HUD, the Q & RC should be made available to everyone, posted in a conspicuous place in the leasing center, and also having the doc. signed and dated simply eliminates confusion and reduces discriminatory acts.

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Okay, I call your bluff. Please provide a link to ANY HUD document, rule or even 'suggestion' that a "Q & RC should be made available to everyone, posted in a conspicuous place in the leasing center, and also having the doc. signed and dated".......
How long should I wait before you admit that this is made up??

The OP stated there was nothing on the Application regarding Misdemeanors...the information would be included in the Q & RC, and not the application, which they would be able to read if they request such information.

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HUH??? You're assuming, like the writer, that there is some kind of restriction on the factors that a landlord can use in denying an applicant. Other than those 'discriminatory practices' previously noted, there aren't any. Hell, for all we know, the landlord simply said, "Gee, those folks are too ugly to live here" or "Gee, I don't like to rent to people with brown hair". As stupid and impractical as those are.... they are perfectly legal.

'Born to Lease', clearly, you recognize that your post was in error and you're trying to shovel as much manure on the pile as you can to try to cover it up!!

Shovel? Got front end loader?