Disparate Impact and Immigration: Challenges Continue to Impact Landlords & Property Managers, Opines TenantScreeningUSA.com

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Recent actions by the White House banning immigration from seven mostly Muslim nation’s points to the potential of dramatic change that could affect rental markets and, more importantly, highlights an absolute need for property managers and landlords to work with a well-qualified third-party tenant screening company in order to stay ahead of potential, radical change in law. Adam Almeida, President and CEO of TenantScreeningUSA.com states: “Disparate impact is a critical challenge faced in tenant screening and recent changes to immigration law highlight the potential impact of any law governing fair and equal access.”

Tenant Screening USA

TenantScreeningUSA.com

Disparate impact is a critical challenge faced in tenant screening and recent changes to immigration law highlight the potential impact of any law governing fair and equal access.

With an Executive Order the White House recently enacted new rules governing immigration from seven predominately Muslim nations by banning immigration entry from those countries into the United States thereby highlighting the potentially dramatic affect a change in law can have on a given group. Adam Almeida, President and CEO of TenantScreeningUSA.com states: “Laws that rule our country can change suddenly and absolutely; and this Executive Order highlights the immediate need of all landlords and property managers to work with well-qualified third-party tenant screening companies in order to stay ahead of any potential change governing the rental industry.”

Using the example of the Executive Order banning immigration from seven primarily Muslim countries may appear to be a stretch in logic when one compares it to the rental market, but the logic is there. Almeida opines: “When the direction of the federal government changes from one direction to another, 180 degrees opposite, change can and will occur very quickly.

Dr. Ben Carson is the White House nominee for secretary of HUD. If confirmed he could bring radical change to the policies of the department, especially in consideration of “disparate impact,” an oft used tool in regulating housing discrimination.
From Bankrate.com (Jan. 18, 17):

Ben Carson, nominated by Donald Trump for secretary of Housing and Urban Development, objects to two Obama-era policies:

  •     A rule that requires local communities to seek and destroy discriminatory housing patterns.
  •     A legal principle that says plaintiffs don’t have to prove that housing discrimination is intentional; just that it is a result of policies that have a “disparate impact” on different groups of people. (1)

Almeida states: “Disparate impact is a legal doctrine that takes into account the fairness of rental policies based on race, religion, sex, color and national origin, among other criteria.”

From the Society for Human Resource Management (Aug. 30, 16):

Both disparate impact and disparate treatment refer to discriminatory practices. Disparate impact is often referred to as unintentional discrimination, whereas disparate treatment is intentional. The terms adverse impact and adverse treatment are sometimes used as an alternative. (2)

Almeida offers an opinion and clearly states: “The rapid change that is surging through the federal government highlights the need to be prepared for that change. With the potential of continued change with the secretary of HUD soon to be put in place now is absolutely the time for all landlords and property managers to work with a well-qualified third-party tenant screening company to stay ahead and abreast of all change that could greatly and significantly impact their business policies.”

TenantScreeningUSA.com is a third-party tenant screening company that can provide tenant background check packages for landlords and property managers with property holdings large and small. A highly trained staff can assist in creating Tenant Screening packages that will keep landlords and property managers in compliance with current and potential laws and regulations.

Notes:

(1)    bankrate.com/home-hacker/how-will-fair-housing-fare-under-trump/
(2)    shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/disparateimpactdisparatetreatment.aspx

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Dan Adams
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