February 2021 Coach's Quiz

COACH’S ANSWERS & EXPLANATIONS

QUESTION #1

Correct answer: c

Reason: Rules #5 and #6 apply here:

Rule #5: Reject on the Basis of Criminal Convictions, Not Arrests

Rule #6: Distinguish Between Dangerous and Non-Dangerous Convictions

This looks like a question involving Rule #6 about the importance of differentiating between different kinds of felony convictions. The trick is that the applicant in this scenario wasn’t convicted but arrested for rape. And an arrest record alone isn’t enough to exclude an applicant regardless of how serious the crime for which he was arrested was. While this might seem like a cheap trick, we deliberately used it because failure to differentiate between arrests and convictions is one of the most common mistakes that owners and leasing agents make.

Wrong answers explained:

a.            Sexual assaults are, in fact, among the kinds of offenses most likely to justify a decision not to rent to an applicant. But there are two problems with this answer: (1) the seven-year window that applies to other felonies doesn’t apply to sexual assaults; and (2) more importantly, the applicant in this case was only arrested but not convicted of rape.

b.            The part of the answer stating that sexual assault convictions don’t have a shelf life is true; but again, the reason the answer is wrong is that the applicant wasn’t convicted.

QUESTION #2

Correct answer: a

Reason: Rules #2, #4, #6, & #7 apply here:

Rule #2: Don’t Do Criminal Checks Until You Determine the Applicant Is Otherwise Qualified

Rule #4: Don’t Impose a Blanket Ban on Applicants with a Criminal Record

Rule #6: Distinguish Between Dangerous and Non-Dangerous Convictions

Rule #7: Assess Each Felony Conviction Case Individually

You’re not legally obligated to rent to applicants who have an unacceptable credit and rental history. In this scenario, the applicant’s credit and rental history didn’t check out. As a result, you have legitimate grounds to deny her application and her conviction for distributing drugs becomes a moot point. That’s why it makes sense not to invest the time, money, and hassle of performing a criminal background check unless and until an applicant’s credit and rental history check comes back clean.

Wrong answers explained:

b.            The primary problem with this choice is the use of the word “automatically.” While it’s true that drug distribution convictions are likely to constitute grounds for disqualification, when it comes to making decisions about denying housing to people because of their criminal record, there are NO blanket rules or automatics. Thus, while you should definitely be on the lookout for drug distribution offenses, you also need to consider the specific facts and circumstances of each case.

c.             This choice sounds right but is actually a red herring. In other words, not knowing all of the circumstances about a conviction should be a concern and you should get to the bottom of the case before making your decision. But the reason c. is wrong is that in this scenario, you don’t even have to take the applicant’s criminal record into account because her failure to pass the credit and rental history is all you need to reject her application.