Can landlords deny applicants with prior evictions?

Tenant Screening in Arkansas: Can Landlords Deny Applicants with Prior Evictions?

When managing rental properties in Arkansas, tenant screening is a critical part of the landlord’s process. One common concern is whether landlords have the right to deny applicants who have prior eviction records. Understanding how Arkansas laws address evictions and tenant screening can help landlords make informed decisions while complying with legal requirements.

Arkansas Landlord Rights Regarding Applicants with Evictions

In Arkansas, landlords generally have broad discretion in selecting tenants, including the ability to deny applicants based on prior evictions. Unlike some jurisdictions that restrict using eviction history as an outright denial factor, Arkansas does not impose specific state-level prohibitions against considering evictions during screening. This means:

• Eviction history can be a legitimate screening factor: Landlords can review applicants’ past eviction records and use that information to decide whether to approve or deny an application.
• No state law prevents denial based on eviction: There is no explicit Arkansas statute that protects tenants or applicants from being denied housing solely because of an eviction on their record.
• Screening policies should be applied consistently: To avoid claims of discrimination, landlords should apply their screening criteria—such as criteria regarding eviction history—uniformly across all applicants.

Legal Framework That Governs Tenant Screening in Arkansas

Though Arkansas landlords can deny applicants with prior evictions, it is important to consider the surrounding legal framework:

Fair Housing Considerations

• Federal Fair Housing Act Compliance: Arkansas landlords must comply with federal laws that prohibit discrimination on the basis of race, color, national origin, religion, sex, familial status, or disability. Screening policies should not disproportionately exclude protected classes.
• Avoiding Disparate Impact: While eviction history can be an effective screening tool, landlords should be cautious if their policies disproportionately affect certain protected groups, potentially resulting in a claim of discriminatory impact.

Arkansas Residential Landlord-Tenant Act

• The Arkansas Residential Landlord-Tenant Act (ARLTA) establishes basic rights and responsibilities but does not limit landlords’ ability to reject tenants based on eviction history.
• The Act emphasizes fair treatment and timely communication but leaves tenant selection largely to the landlord’s discretion.

Best Practices for Screening Applicants with Prior Evictions in Arkansas

To ensure a professional and law-abiding tenant screening process, Arkansas landlords should adopt clear policies regarding eviction history:

1. Develop Transparent Screening Criteria

• Create written standards that specify how eviction records are reviewed. For example, policies may vary regarding the recency of evictions or the reasons behind them.
• Disclose screening criteria upfront, preferably in the rental application or during the initial inquiry phase, so applicants understand how eviction history will be evaluated.

2. Verify Eviction Records Thoroughly

• Use reliable sources, such as court records, to confirm the existence and details of prior evictions.
• Verify the nature of the eviction—whether it was due to non-payment, lease violations, or other issues—as this may affect your decision.

3. Consider Context and Rehabilitation

• Evaluate the circumstances surrounding the eviction. For instance:

- Was the eviction many years ago, with a positive rental history since then? - Did the applicant resolve the eviction or repay owed rent?

• Consider allowing applicants to explain their eviction history as part of the screening process. Some landlords implement an interview or written statement for such explanations.

4. Consistency Is Key

• Apply your eviction-related screening criteria consistently to all applicants.
• Avoid applying more stringent standards to certain groups, which could raise discrimination concerns.

5. Provide Proper Notification if Denying an Applicant

• If you deny a tenant based on their eviction record, comply with the federal Fair Credit Reporting Act (FCRA) if you obtained their screening information through a consumer reporting agency.
• Provide an adverse action notice, which includes:

- The reason for denial (e.g., prior eviction record) - Contact information of the reporting agency used - The applicant’s rights to dispute inaccurate information

Summary

In Arkansas, landlords have the right to deny rental applicants with prior evictions, as there are no state laws prohibiting consideration of eviction history in tenant screening. However, landlords should:

• Maintain consistent, transparent screening policies
• Comply with federal fair housing laws
• Verify eviction information carefully
• Consider the context of evictions and allow applicants to provide additional information
• Provide appropriate notices if denying an applicant based on eviction history

By following these guidelines, Arkansas landlords can effectively manage risk while ensuring a fair, legally-compliant tenant screening process.