HUD’s Criminal Background Policies Including the New Guidance on Criminal Activity

Paul Flogstad

Paul Flogstad

Paul has been involved in the real estate industry for the past 38 years. He has been involved in sales, construction, project management, appraisal, mortgage consulting and brokerage, property management and property management consulting/training. Through his consulting company, Property Management Solutions, he provides training and...
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Pre-recorded
120 Mins
Paul Flogstad

Most Up to date Criminal Background Policies and How they impact Property Managers and Owner

There is much information about criminal background policies and how they impact a property manager or owner. It is imperative to do things correctly to avoid a fair housing complaint. Join this information-packed webinar where HUD expert Paul Flogstad will examine the basics of discrimination and the history starting with the disparate impact rulings and what the correct process is as of today. Paul will discuss HUD’s memos and see what they mean for us today. Since nearly one-third of the population has a criminal record of some sort, we need to understand their rights of the accused and the rights of a property owner.

On June 23, 2021, HUD Secretary Marcia L. Fudge issued a letter to affordable housing providers that established the Biden Administration’s stand on second changes for formerly incarcerated persons and the importance of stable housing in their re-entry into our communities. “No person should exit a prison or jail only to wind up on the streets.” During the Webinar, Paul discusses this new guidance from many different viewpoints.

Paul will also discuss what HUD’s rulings have to do with “blanket prohibitions” on such topics as no felonies allowed at this property. He'll also dissect the best practices on what to do correctly including the “individualized assessment” that is now required. In addition, Paul will be discussing the policy on LEP ( Limited English Proficiency) required as per HUD’s direction during the webinar.

Webinar Objectives


  • The Use of an Arrest Record in Housing Screenings. Paul will discuss in-depth to look at the difference between arrests and convictions and which are acceptable to use when screening applicants
  • History of criminal background screening. From the early days of the Clinton administration and their “one strike” policies and their ramifications
  • How long are “look back” periods when checking an applicant’s application. This applies to felony convictions and also discusses what questions one can ask
  • what to do when faced with a decision based on prior criminal conduct and how it affects our potential applicant as well as our existing multi-family community
  • Reasonable accommodations are necessary to facilitate a decision when confronted with a criminal background
  • Tips to avoid Fair Housing issues under a disparate impact
  • President Biden’s American Rescue Plan
  • Vouchers and the Juvenile Re-entry program.

Webinar Highlights


This is a “hot topic” and there are many questions on how to correctly implement the guidance from HUD. HUD has a new Secretary, and she is promoting more changes at HUD. The concentration at this time is how can people released from prisons and jails find adequate housing for themselves and their families. This is the focus of this new guidance.

Landlords need to know how to implement guidance and remain in compliance with the Fair Housing Act.

In addition, Paul will also focus on best practices about:

  • Written policies
  • Unsuitable tenant
  • What information is needed to make a legitimate decision
  • What is a “blanket” ban
     

Who Should Attend


  • Property Managers    
  • Property owners    
  • Leasing Consultant    
  • Housing Authority Staff    
  • Realtors    
  • Community Development Staff
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