Are landlords allowed to run background checks on tenants?

Tenant Screening and Background Checks for Landlords in Maine

As a landlord in Maine, conducting thorough tenant screening is a crucial part of the rental process to ensure reliable and responsible tenants. Background checks are a common component of this screening. However, Maine law places specific requirements and restrictions on how landlords may obtain and use background information. This guide provides an overview of the legal framework and best practices for running background checks on prospective tenants in Maine.

Are Landlords Allowed to Run Background Checks in Maine?

Yes, landlords in Maine are permitted to run background checks on prospective tenants as part of the tenant screening process. This can include checking criminal history, credit reports, eviction records, and other relevant information that helps assess the applicant's suitability.

However, landlords must comply with both federal regulations (such as the Fair Credit Reporting Act, or FCRA) and state laws that govern how background checks are conducted and used.

What Types of Background Checks Can Maine Landlords Run?

1. Criminal Background Checks

• Landlords may request information about an applicant’s criminal history from authorized sources.
• Maine does not prohibit landlords from considering criminal records, but considerations of rehabilitation and relevance are advised under fair housing principles.
• Landlords should avoid screening out applicants based on arrest records without conviction.

2. Credit Reports

• Credit checks provide insight into an applicant’s financial responsibility and ability to pay rent.
• To run a credit check, landlords must obtain written consent from the tenant beforehand.
• The applicant has the right to receive a copy of the report if a negative action, such as denial of tenancy, is taken based on this report.

3. Eviction History and Rental References

• Checking past eviction records may inform landlords about prior rental issues.
• Contacting previous landlords for references is also a common practice.

Legal Requirements and Best Practices for Background Checks in Maine

Obtain Written Consent

• Before running any background check, Maine landlords must get the prospective tenant’s written authorization.
• This consent should clearly state what type of background information will be obtained.

Comply With the Fair Credit Reporting Act (FCRA)

• The FCRA applies to credit reports and certain background checks conducted through consumer reporting agencies.
• Landlords must notify the applicant if adverse action (e.g., denial of tenancy) will be or has been taken based on the background report.
• The tenant must be given information about the agency providing the report and their rights to dispute inaccuracies.

Use Background Information Fairly and Consistently

• Apply the same screening criteria to all applicants to avoid discrimination claims.
• Avoid policies that have a disparate impact on protected classes under state and federal fair housing laws.
• Consider the relevance of any criminal history to the safety and interests of the property and other residents.

Confidentiality

• Treat background information confidentially.
• Share information only with individuals involved in the tenant selection process.
• Securely dispose of background check documents after the application process is complete.

Restrictions Under Maine Law

While Maine does not impose an outright ban on the types of information landlords can consider, the state’s human rights laws prohibit discrimination based on race, color, ancestry, religion, sex, sexual orientation, physical or mental disability, age, and other protected characteristics.

• Landlords should avoid blanket policies that exclude applicants solely on types of criminal convictions without assessing circumstances.
• Maine’s Fair Housing Act encourages individualized assessments when considering criminal records.

Practical Tips for Maine Landlords on Tenant Screening

• Develop a Written Screening Policy: Document what background checks you run and the criteria for approval or denial.
• Inform Applicants Early: Provide rental applications that include consent forms and explain the screening process.
• Use Reputable Reporting Agencies: Choose consumer reporting agencies that comply with FCRA requirements.
• Keep Records: Maintain records of the screening process and correspondence with applicants.
• Train Staff: Ensure leasing staff understand legal obligations related to background checks.

Summary

In Maine, landlords are legally allowed to run background checks on prospective tenants, including criminal history and credit reports, provided they obtain written consent and comply with federal and state laws. Applying background information fairly, consistently, and confidentially is essential. Maine landlords should be mindful of fair housing protections and assess screening criteria carefully to avoid discrimination risks.

By adhering to these guidelines, Maine landlords can responsibly utilize background checks to make informed rental decisions while respecting tenant rights and legal requirements.