Q and A: Historical Criminal History

Question:  When I ran the criminal history check for one of my applicants, it showed that she was convicted of felony drug possession in 1970.  She is 86 years old now.  Can I legally make an exception to our screening criteria, given that this charge is 45 years old?
~ Abigail-California

Answer:  One of the biggest challenges a property manager faces is consistently applying written screening criteria to all applicants, regardless of circumstances that may support assumptions.  To answer this question, you and/or your attorney must review the language in your Tenant Selection Plan to ascertain whether the Plan discusses general or specific types of drug charges and whether defined timeframes are established.

Per Section 4-7 C. 4 of the HUD Handbook 4350.3, an owner’s admission policy can define, in the Tenant Selection Plan,  the length of time prior to the admission decision during which the applicant must not have engaged in the criminal activity. The owner shall ensure that the relevant “reasonable” time period is uniformly applied to all applicants in a non-discriminatory manner and in accordance with applicable fair housing and civil rights laws.