We’re Ranking the Spiciest Rental Housing Laws of 2021

It’s time for a bit of a round up! 2021 feels both like it barely started and that it has been going on forever. How’s that work? With 2020 and 2021 bleeding together in our heads like a great hodgepodge of a mess of a year, there are more than a few people excited to have 2022 get here already. While we wait eagerly in anticipation, let’s just go over a few things that have passed with our round up. What rental housing laws are going to make you sweat?

It’s time for a bit of a round up! 2021 feels both like it barely started and that it has been going on forever. How’s that work? With 2020 and 2021 bleeding together in our heads like a great hodgepodge of a mess of a year, there are more than a few people excited to have 2022 get here already. While we wait eagerly in anticipation, let’s just go over a few things that have passed with our round up. What rental housing laws are going to make you sweat?

Mild

California ended their COVID-related eviction moratorium with SB 747, however, it did have some caveats. Until March of 2022, there will be some regulations as to how one can evict a tenant. There needs to be evidence that rental assistance was provided before going to court for an eviction. That’s not too bad, right? And before long, March will be here and all that will be behind us.

Mild

California ended their COVID-related eviction moratorium with SB 747, however, it did have some caveats. Until March of 2022, there will be some regulations as to how one can evict a tenant. There needs to be evidence that rental assistance was provided before going to court for an eviction. That’s not too bad, right? And before long, March will be here and all that will be behind us.

Medium

You may have heard of California and Michigan’s latest laws regarding tenant screening. These laws make it illegal to use dates of birth to verify identity, which means verifying identity in these states has become quite tricky.  This would make it difficult, regardless of how one screens, to perform proper criminal record checks as each and every consumer reporting agency as they have to jump through many hoops. Thankfully, Michigan did agree to negotiated terms regarding the date of birth redaction. Thanks to the new order, applicants “may stipulate in writing to allow access to his or her protected personal identifying information” which would allow agencies to have an easier time verifying their identity.

Medium

You may have heard of California and Michigan’s latest laws regarding tenant screening. These laws make it illegal to use dates of birth to verify identity, which means verifying identity in these states has become quite tricky.  This would make it difficult, regardless of how one screens, to perform proper criminal record checks as each and every consumer reporting agency as they have to jump through many hoops. Thankfully, Michigan did agree to negotiated terms regarding the date of birth redaction. Thanks to the new order, applicants “may stipulate in writing to allow access to his or her protected personal identifying information” which would allow agencies to have an easier time verifying their identity.

Mouth is on FIRE, Spicy!

In New Jersey, it is currently and newly illegal to ask a potential tenant about their criminal background. Crazy! That’s right, in 2021, Governor Phil Murphey signed S4040, or the Fair Chance in Housing Act, cited as a “historic ban the box” legislation. It’s designed to give those with histories a better chance for criminal reform, though as many landlords would say, puts them and their neighbors at great risk for danger. With S4040, landlords may ask if the applicant is a registered sex offender or if they have been convicted of manufacturing specific drugs while in federal housing. Once a conditional offer was put forward, they may look into further specified histories.

Mouth is on FIRE, Spicy!

In New Jersey, it is currently and newly illegal to ask a potential tenant about their criminal background. Crazy! That’s right, in 2021, Governor Phil Murphey signed S4040, or the Fair Chance in Housing Act, cited as a “historic ban the box” legislation. It’s designed to give those with histories a better chance for criminal reform, though as many landlords would say, puts them and their neighbors at great risk for danger. With S4040, landlords may ask if the applicant is a registered sex offender or if they have been convicted of manufacturing specific drugs while in federal housing. Once a conditional offer was put forward, they may look into further specified histories.

Chill Out and Cool Off

Landlords scored big with an actual win on the books this year. The SAFE Housing Act (Stable, Accessible, Fair, and Equitable) was meant to go into effect on March 1st, 2021, however, many landlords in Minnesota banded together to claim that the law infringed on their rights. In their lawsuit, they brought up two ways that it impacted their ability to work, the fifth and fourteenth amendments, and that it would illegally damage their careers. The SAFE Housing act was meant to prohibit landlords from considering “evictions, credit histories, and criminal histories when screening applicants for housing” and the fifth amendment states that “nor shall private property be taken for public use without just compensation.” Landlords argued that the SAFE Housing act used their property as public to solve the homeless crisis, which wasn’t legal. It also states according to the fourteenth amendment, the SAFE Housing Act would infringe on their right to exclude people from their property without due process. The judge presiding over the law suit agreed and stated that the right to choose who enters your property is “fundamental.” It was a big win for landlords in Minnesota.

All in all, it’s been a pretty big year for landlords, property managers, and Credit Reporting Agencies alike. If having that big win helps, that’s great news, and if you’re still worried about that big hot and spicy dish, that’s okay too. We’re here to help no matter how you’re feeling at the end of 2021.

Chill Out and Cool Off

Landlords scored big with an actual win on the books this year. The SAFE Housing Act (Stable, Accessible, Fair, and Equitable) was meant to go into effect on March 1st, 2021, however, many landlords in Minnesota banded together to claim that the law infringed on their rights. In their lawsuit, they brought up two ways that it impacted their ability to work, the fifth and fourteenth amendments, and that it would illegally damage their careers. The SAFE Housing act was meant to prohibit landlords from considering “evictions, credit histories, and criminal histories when screening applicants for housing” and the fifth amendment states that “nor shall private property be taken for public use without just compensation.” Landlords argued that the SAFE Housing act used their property as public to solve the homeless crisis, which wasn’t legal. It also states according to the fourteenth amendment, the SAFE Housing Act would infringe on their right to exclude people from their property without due process. The judge presiding over the law suit agreed and stated that the right to choose who enters your property is “fundamental.” It was a big win for landlords in Minnesota.

All in all, it’s been a pretty big year for landlords, property managers, and Credit Reporting Agencies alike. If having that big win helps, that’s great news, and if you’re still worried about that big hot and spicy dish, that’s okay too. We’re here to help no matter how you’re feeling at the end of 2021.

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