applicant with prior felony

[Debbie Lunsford-Love]

We are a new community just opening for business. We have a potential resident
applying for residency that the husband has a felony conviction for
drugs three years ago. He was sent to a church rehab program and was
placed on probation and fined. He completed his rehab program and has
been to all his probation meetings on time and has paid all of his fines
on time. We want to have a nice safe community and eliminate any
potential problems we can before we start. The potential tenant claims
he did not commit the crime, but was in the wrong place at the wrong
time. Either way, he was the felony conviction. Should I deny their
application based on this, or what would you recommend? I am new so I
don't know and would appreciate any advice you could give me. Thank you
so much.

[Chrissy Jackson]

You are making a precedent-setting decision here. What you are really asking me is if it is OK to deny someone with a felony conviction. The answer is “yes” provided you will continue to deny everyone else who applies for residency with a felony conviction. Or, you may get more specific and deny everyone who has a felony conviction for drugs less than five years ago. No matter what you decide to do, you are in the right to do it. But, for your protection, document the exact reason you deny the application (if you do) and remember that any other applicant whose circumstances fit within those parameters that you define will also be denied.

In order to help you make your decision, have you talked with a parole officer or probation officer? Are they still monitoring behavior? Have you talked with anyone at the church about the rehabilitation classes that were taken or verified any other part of his application? This information can give you a lot of insight as to his true circumstances.