Criminal History Policy
The health, safety, security, and well-being of residents are of utmost importance in assessing an applicant’s eligibility for admission.
The Barrington Group Inc. is committed to following the letter and the spirit of the Fair Housing Act.
We use a criminal history policy for applicants that requires us to carefully consider, on a case-by-case basis, the nature and severity of any crime resulting in a conviction of an applicant. If we decide to reject an applicant because of a criminal history, we may provide an interactive process to consider whether the applicant should be accepted, as explained below.
Regardless of the nature of the conviction, if a member of an applicant household has been released from incarceration, management:
Will deny admission based solely on this criteria if the exit from incarceration occurred within 7 years of application, and may deny admission based solely on this criteria if the exit from incarceration occurred more than 7 years from application.
If a member of an applicant household, whether adult or juvenile, is subject to a lifetime registration requirement under any State sex offender registration program, management:
Will deny admission based solely on this criteria if the household is unwilling to remove the ineligible household member from the applicant household.
If a member of an applicant household has been convicted of a felony offense involving the sale or manufacture of a controlled substance, management:
Will deny admission based solely on this criteria if the conviction occurred within 5 years of application, and may deny admission based solely on this criteria if the conviction occurred more than 7 years from application.
If a member of an applicant household has been convicted of a felony offense not described above or a violent misdemeanor, management:
Will deny admission based solely on this criteria if the conviction occurred within 5 years of application, and may deny admission based solely on this criteria if the conviction occurred more than 5 years from application;
If a member of an applicant household has been convicted of a nonviolent misdemeanor offense, management:
May deny admission based solely on this criteria if the conviction occurred within 3 years of application.
Management will not consider an arrest or charge that was resolved without a conviction. In addition, management will not consider expunged or sealed convictions. Management may deny admission if an applicant has pending charges at the time of application only if its decision to deny is based on Management’s good faith belief that the conduct presented a direct threat to the health or safety of others to the property of others based on review of the charges asserted and any information the applicant chose to provide at the time of application.
When an applicant is otherwise qualified but management “intends to deny” admission based on release from incarceration, a criminal conviction, or pending criminal charge(s), management will conduct an individualized assessment of the criminal record and its impact on the household’s suitability for admission, within the context of the entirety of application information including consideration of any relevant mitigating information provided, before making a determination.
Management will notify any household that it intends to deny under this policy of their opportunity for an individualized assessment and offer them the opportunity for such an assessment before the denial is made. Management shall provide notice of what it will consider in an individualized assessment.
This individualized assessment may include consideration of one or more of the following mitigating factors: (1) the seriousness of the criminal offense; (2) the relationship between the criminal offense and the safety and security of residents, staff, or property; (3) the length of time since the offense, with particular weight being given to significant periods of determinable good behavior; (4) the number and nature of any other criminal convictions; and (5) evidence of rehabilitation, including multiple confirmatory factors such as consistent, ongoing employment, current participation in job training program(s) or confirmable completion of same, current enrollment in an education or rehabilitation program or confirmable evidence of completion of same, ongoing participation in a drug or alcohol treatment program or a demonstrable, material period of sobriety, and written recommendations from multiple sources, such as from a parole or probation officer, employer, teacher, social worker, or community leader.
“Violent” as used here means a crime that has as an element the use, attempted use, or threatened use of physical force against the person or property of another to cause physical or psychological harm, or any other offense that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. Examples, which are illustrative and not exhaustive, include: homicide, rape, sexual assault, robbery, assault, domestic violence, and stalking. Any crime that does not fall within the definition of “Violent” is, for purposes of this policy, “Nonviolent.”