If you are representing a landlord in a rental transaction, you should work with the landlord to create written policies that are applicable to all applicants. If you intend to run a criminal background check on one applicant, you must run one on all applicants and notify them that they will be subject to a background check. Here are some considerations when referring to criminal background checks in rental applications: 

• Never consider arrest records, only convictions.
• Limit your “look-back period” to 7-10 years. Again, make sure to have a written policy outlining your look-back period.
• It’s not unlawful to deny or limit housing because such person: (i) has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in federal law; or (ii) poses a clear and present threat of substantial harm to others or to the dwelling itself.

Remember, even though individuals with criminal records are not in a protected class, you may face other claims of discrimination if you don’t equally and consistently apply your policies.