Luna Harper
When renting an apartment in Texas, prospective tenants often undergo background checks, which include criminal history, credit history, rental history, and sometimes employment verification. Landlords use this information to assess the tenant's reliability. While Texas landlords are generally hesitant to rent to felons, it depends on the landlord's policies, state and local laws, and the nature of the conviction. Texas is a 7-year state, meaning criminal convictions are reported for up to 7 years from the conviction or parole date. Federally subsidized landlords and public housing authorities are expected to have reasonable look-back periods for criminal history, and they cannot reject applicants solely based on arrest records. Additionally, denying applicants based solely on criminal history may be considered discrimination, and tenants may have legal recourse in such cases.
| Characteristics | Values |
|---|---|
| Criminal history lookback period | Federally subsidized landlords, tax credit properties, and public housing authorities should have "reasonable" criminal history lookback periods. While "reasonable" is not defined in the law, if the landlord is being unreasonable, the applicant should contact a lawyer or their local legal aid service. |
| Criminal record reporting | Under the federal Fair Credit Reporting Act (FCRA), arrest records cannot be reported after seven years, but criminal convictions can be reported indefinitely. Texas and other states have laws limiting how long a criminal conviction can be reported, but many of these laws contradict federal law. |
| Criminal record and renting an apartment | A landlord cannot apply one set of standards to one person and a different set of standards to another, as this would violate federal fair housing laws. Landlords need to consider factors such as the type of crime and the length of time since the conviction. |
| Criminal background check | Landlords usually run a criminal background check using a free website called CCAP (Consolidated Court Automation Program) where they can see all criminal charges filed against the prospective tenant, including sentences and other details. |
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Criminal history checks for renting in Texas
When applying to rent a home in Texas, landlords will often run a background check on the applicant. These background checks are typically purchased from consumer reporting companies and are commonly referred to as "tenant screening reports". They will often include a computer-generated score or a recommendation to accept or reject an applicant.
These reports will contain information on the applicant's rental history (including evictions), credit history, and criminal history. Criminal history checks for renting in Texas can include information from court records, publicly available court records, arrests, prosecutions, and the disposition of cases for arrests involving class B misdemeanors or greater.
In Texas, landlords are allowed to set their own time period for how far back they will look into someone's criminal history. However, federal regulations state that it must be limited to a reasonable time frame before the screening process. Federally subsidized landlords, tax credit properties, and public housing authorities are supposed to have "reasonable" criminal history lookback periods, although "reasonable" is not explicitly defined in the law. If an applicant believes the landlord is being unreasonable, they can contact a lawyer or local legal aid service.
While landlords generally make their own decisions about renting to people with a criminal history, some federally-assisted housing programs have restrictions on renting to people with a criminal past. Most federal housing providers prohibit landlords from renting to tenants with criminal histories, including lifetime registered sex offenders and those with specific drug or violent crime convictions.
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Landlord criminal history lookback periods
Landlords in Texas often run background checks on prospective tenants to ensure they are renting to the best tenants and protecting themselves and their property. These background checks are regulated by the federal Fair Credit Reporting Act (FCRA), which governs the accuracy, fairness, and privacy of information held by consumer reporting agencies. Under the FCRA, arrest records cannot be reported after seven years, while criminal convictions can be reported indefinitely. Texas state law prohibits consumer reporting agencies from reporting "a record of arrest, indictment, or conviction of a crime" that is more than seven years old.
Federally subsidized landlords, tax credit properties, and public housing authorities are expected to have \"reasonable\" criminal history lookback periods. While "reasonable" is not explicitly defined in the law, tenants who believe a landlord is being unreasonable can seek legal advice or contact their local legal aid service. It is important to note that landlords should not solely base their decision to reject an application on an applicant's arrest record.
When conducting tenant screening, landlords typically consider factors such as criminal history, credit history, current income, and rental history. These reports often include a computer-generated score or recommendation to accept or reject an applicant. If an applicant is denied housing based on their background check, the FCRA requires the landlord to provide an "Adverse Action Notice," which can be given in writing, orally, or electronically. This notice must include the contact information of the company that provided the report so that the applicant can request a copy.
To summarize, while there is no specific lookback period mandated for landlords in Texas, they are expected to adhere to "reasonable" lookback periods and comply with the FCRA regulations regarding the reporting of arrest records and criminal convictions.
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Tenant screening for criminal records
Tenant screening is an important process for landlords, property owners, or managers to ensure they are renting to the best tenants and protecting themselves and their property. Criminal background checks are a crucial part of tenant screening. These checks can help improve safety and security by ensuring landlords approve tenants who don't pose potential risks, such as those with violent or dangerous behaviour. They can also help identify applicants with a history of property damage, theft, or other behaviours that might put the property at risk.
In Texas, federally subsidised landlords, tax credit properties, and public housing authorities are supposed to have "reasonable" criminal history lookback periods. While "reasonable" is not defined in the law, it is advised to contact a lawyer or legal aid service if you feel a landlord is being unreasonable. Additionally, under the federal Fair Credit Reporting Act (FCRA), arrest records cannot be reported after seven years, but criminal convictions can be reported indefinitely. Texas and other states have laws limiting how long a conviction can be reported, but many of these laws contradict federal law.
Several companies offer tenant screening services, including TransUnion SmartMove and TurboTenant. These services can provide criminal background checks, credit scores, eviction history, and income analysis. They can help landlords make informed leasing decisions by identifying red flags, such as prior evictions, poor credit scores, serious criminal convictions, and inconsistent rental history.
It is important to note that tenants have rights regarding their criminal records during the tenant screening process. In some cases, tenants can have older offences sealed or expunged so they no longer appear on their records. Additionally, landlords should not reject applications solely based on arrest records.
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Discrimination complaints for criminal history
In Texas, criminal background checks are common when renting an apartment. Federally subsidized landlords, tax credit properties, and public housing authorities are supposed to have "reasonable" criminal history lookback periods. However, "reasonable" is not defined in the law, and criminal convictions can be reported indefinitely. If you believe that you have been discriminated against due to your criminal history, you can file a discrimination complaint.
The Civil Rights Division of the Department of Justice enforces federal laws that protect individuals from discrimination based on race, colour, national origin, disability status, sex, religion, familial status, or other constitutional rights. If you believe your civil rights have been violated, you can submit a report using their online form, or by calling them.
Additionally, the United States Attorney's Office for the Northern District of Texas, in coordination with the Civil Rights Division, enforces federal civil rights laws. If you believe your civil rights have been violated, you can contact them or submit a written complaint using their Civil Rights Complaint Form.
In Texas, you can also file a discrimination complaint with the Civil Rights Office of Texas Health and Human Services if you feel discriminated against by an employee of any Texas Health and Human Services agency or a contracted entity. The complaint must be filed within 180 days of the alleged discriminatory action and can be submitted verbally or in writing.
It is important to note that civil rights laws protect individuals from unlawful discrimination, harassment, or abuse in various settings, including housing, the workplace, school, voting, business, healthcare, and public spaces. If you believe you have been discriminated against in any of these areas, you can seek assistance from the relevant organizations mentioned above.
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Criminal background checks: time frame
In Texas, landlords can screen tenants for previous evictions and criminal history, including convictions for serious offences such as sex offender status or terrorism. Federally subsidised landlords, tax credit properties, and public housing authorities are expected to have a "reasonable" criminal history lookback period. While "reasonable" is not defined in the law, it is advised that you contact a lawyer or your local legal aid service if you think the landlord is being unreasonable.
The time frame for criminal background checks varies depending on the comprehensiveness of the check and the number of locations involved. If a candidate's criminal history is limited to one state or country, the check can take one to two business days. However, verifying international records takes significantly longer, with an average of one to two weeks. County criminal searches may take longer if manual retrieval by a court researcher is required, while state criminal searches are typically faster due to digitised records. Federal background checks, which search for crimes prosecuted at the federal level within the 94 US federal judicial districts, may also take longer.
Some background checks can be completed within an hour or a few minutes, especially if the state's criminal history records are searchable online. Database searches, such as national criminal record checks and sex offender registry checks, often yield results quickly. Education history checks that require information beyond what is in the National Student Clearinghouse database may also take longer, as the Clearinghouse will need to contact schools directly.
Identity verification checks may take two to four days or longer, depending on the number of past employers that need to be contacted. Additionally, MVR checks, or driving record checks, can be completed within minutes if the state maintains digital databases of driving records. However, the process may take longer in states that lack digital records, requiring formal requests through government agencies.
It is important to note that background checks may be delayed due to factors such as incomplete or inaccurate information, limitations of records databases, international history, aliases, and slow response times.
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Frequently asked questions
Landlords in Texas can conduct background checks on prospective tenants, which can include criminal history. These checks are usually completed within 24-72 hours. While landlords can access criminal records, it is unclear if an open criminal investigation will show up. However, landlords must follow federal and state laws regarding criminal history and fair housing.
Federal laws, such as the Fair Credit Reporting Act (FCRA), govern the accuracy and privacy of information in background checks. Under the FCRA, arrest records cannot be reported after seven years, while criminal convictions can be reported indefinitely. Texas has its own laws limiting the reporting of criminal convictions to seven years, but these may be overridden by federal law.
Landlords in Texas cannot have a blanket policy of refusing tenants with a criminal record as it may violate the Fair Housing Act. They must consider factors such as the type and severity of the crime and the time passed since the conviction. Landlords should also be cautious about denying applicants due to criminal history to avoid potential discrimination complaints.
