Not surprisingly, it follows the June 25, ruling by the U. Supreme Court, in the Texas Dept. Disparate impact holds that certain practices in employment, housing, etc. Today, a landlord may be found to have discriminated against a prospective tenant, not because of an intentional discriminatory act, such as rejecting him or her based upon race or religion, but unintentionally , because the landlord relied upon a perfectly legal basis, except that it had a disproportionately adverse impact on members of a protected class.
In other words, unintentional discrimination can now be a violation of the Act. Across the United States, African Americans and Hispanics are arrested, convicted and incarcerated at rates disproportionate to their share of the general population.
Oregon Housing Authority
Consequently, criminal records-based barriers to housing are likely to have a disproportionate impact on minority home seekers. While having a criminal record is not a protected characteristic under the Fair Housing Act, criminal history-based restrictions on housing opportunities violate the Act if, without justification, their burden falls more often on renters or other housing market participants of one race or national origin over another i. Additionally, intentional discrimination in violation of the Act occurs if a housing provider treats individuals with comparable criminal history differently because of their race, national origin or other protected characteristic i.
The purpose of the Memo is to issue guidance, mostly by way of examples and prior case law, in how the use of criminal history during the tenant-screening process, may, and may not, trigger a disparate impact result. Summary of Thoughts and Suggestions. Here are some tips based upon information from the Memo:. Beware of testers, calling over the phone and asking if you will rent to persons with a criminal background. Make sure callers understand that no rental decisions are made in advance of reviewing all relevant background information, including a criminal background report.
Encourage the caller to either come to the office and pick up the necessary paperwork, or if they prefer, send it to them at their provided address. Ultimately, landlords should plan on making adjustments in their rules and application process. Do not have a rule or policy that treats an arrest, with no conviction, the same as a conviction.
I f you currently have such a rule, it should not be enforced.
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Do not have a blanket guideline providing, for example, that conviction for any crime is an automatic denial. Be sure that all rules or policies concerning criminal records are uniformly enforced — no exceptions. However, note No. You should avoid a policy saying that all persons with a felony are automatically disqualified. There is a world of difference between an ex-felon who served time for embezzlement ten years ago and has been a contributing member of society ever since vs. If possible, evaluate all other rental history, such as prior tenancies, employment, credit, income and affordability, before even going to the results of a criminal background check.
If the prospective tenant does not pass one or more of these other criteria, then the rejection can be based on that, rather than a criminal background report, thus avoiding the disparate impact issue entirely. There are several gradations of severity. Contact the Washington County Housing Authority , , for more information. Provides rent assistance at specified properties.
Waitlist is closed at this time.
Cascade Management Inc. Drug-free housing located in Beaverton, Oregon. Single Room Occupancy also called "SRO", a room for a single person with shared bathroom and kitchen , studio and 1 bedroom units.
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Lifeworks x Single Room Occupancy also called "SRO", a room for a single person with shared bathroom and kitchen. Units are located in Tigard, Oregon. Preference given to applicants with a special need for mental health services. Washington County Housing Authority Preference is given to applicants who are chronically homeless persons with a disabling condition who are currently homeless and who have been homeless for 12 months or more, or have experienced at least 4 episodes of homelessness in the last three years with a need for Veterans services.
Resources for your housing search
Income Property Management www. Preference for extremely low-income households. Affinity Property Management nwhousing. Currently under construction. Special needs units may be available. Some units may reach lower incomes with a Project Based Voucher. Apply directly with the property manager of the properties listed below.
This is a subsidized rent building for those who are age 62 or older. A unit development providing workforce and family housing. Income Property Management Cascade Management, Inc.