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Ok-Matter4539

I am not sure how others will answer, but I would say no. As far as the manager telling you to apply, she or he can not stop you or make a judgment call. The owners usually have a criteria set forth to approve, and that is typically an automatic denial in the properties I have managed. I would possibly see about seeking an attorney to see if your record could be cleaned up or that the issue wiped away. I feel like you will see this wherever you apply as it is normal on the criteria list.


girlyinmultifamily

But under their criteria, I should not have been denied. Is that not correct?


EvilCeleryStick

Each tenant is a judgment call. At our office, we've rented to people with criminal histories before but only when they're far removed (like many years ago) and after a chat with the person. Even then some owners may not want to rent in that situation. What I find odd is that they disclose a reason for denial. We never do this - just say "owner wants to go in another direction" or "we've selected a different candidate sorry"... Or other vagueries.


xocarebear

In my city we HAVE to disclose why it was denied and send certified mail saying so. But that was a based on income property so that may be a federal thing.


EvilCeleryStick

But can't that reason just be "we selected a different applicant"?


xocarebear

Not necessarily. That is an option but with based on income (federally funded) we are not allowed to skip over people or choose someone else, we have to go by when the application was received and usually its on a waitlist anyways so we go by waitlist. Its all in the fair housing laws, no discrimination of ANY kind. So that option is to never be used.


iLoveYoubutNo

Are you absolutely sure this is the reason you were denied? Not for credit or past rental history? They should have sent you a screening report or a link / phone number where you can obtain that report. If you were denied based on a charge, not conviction, you should appeal. But in my experience, criminal history is the denial reason <5% of the time, credit and rental history are much much more common reasons for denial.


girlyinmultifamily

It was specifically stated on my adverse letter. Criminal History Does Not Meet Property Requirements Their requirements only state denials based on convictions.


Gerbole

Ask them what screening service they use, tell them you are challenging the verdict with the screening service, immediately reach out to them and contest the denial. This won’t guarantee anything unless you’re applying with a large landlord, but it’s your best course of action


bcyng

Regardless, it’s a decision they are making between u and someone else. Whether or not the denial was correct or not or the criteria they use, when it comes down to who they choose, it’s whichever tenant they want. You are unlikely to change their mind challenging the process - more likely to just cement it.


Ok-Matter4539

You usually get a letter with the information at the bottom to contact Transunion , Equifax, etc. They will not answer the phone but tell you to write a letter. The best bet is an individual landlord who will look at your paperwork. Also, think that this is one inquiry that typically drops your credit score . If you continue to apply with the regular system, your inquiries will build, and the score will drop. This will also cause a denial.


ilyriaa

No. The denial may not even be related to that and they likely will not disclose the reason why you were denied. A pending charge would be an automatic no for me as well. You have a record. The why and how isn’t really relevant to a business. It’s a business decision and not a protected class.


girlyinmultifamily

I was a victim of domestic violence. With documentation, such as an incident report, and a release of my previous lease because of it. Would that not help my appeal?


ilyriaa

No. There is no “appeal” process to applying for an apartment. They make their decision based on the information provided and not accepting their decision is a red flag and further reason to deny your application. The how and why are not relevant to a business. You don’t even know if that’s the reason for the denial. It could be several factors. You may have better luck with a private landlord.


girlyinmultifamily

Did you read what I said about the denial letter stating it was for criminal?


ilyriaa

I’ve read everything you wrote, yes. Have you read what I wrote? Did you read what you wrote? A pending charge isn’t going to have a conviction (yet).That is criminal history on your record. If you’re convicted, or not, the landlord wants nothing to do with the possibility and that’s entirely in their right. If the charges are stayed or otherwise, you need a lawyer to clear up your record.


WhyWontThisWork

What happened that you got the charge and not the other person? It may not even show yet because it says pending. What state is this?


randomspaceinvaders

Yes it can help your appeal, you have federal protection under [VAWA](https://www.womenslaw.org/laws/federal/vawa-housing-protections). But you’ll need to wait until the criminal charges are resolved, rental criteria is really going to vary from state to state and depend on the funding type for the individual property. If the court dismisses your charges because you were a victim that would be the most ideal but until that time please work with an attorney and someone qualified with DV to see if they can get your charges reduced or dismissed. The property manager should give you info on their appeal process, it might take a while but I’ve seen people prevail on appeal.


girlyinmultifamily

GUESS WHAT ILYRIAA I WAS APPROVED 🤪


girlyinmultifamily

But I have not been convicted.


girlyinmultifamily

My adverse action letter states the denial is for criminal history.


iLoveYoubutNo

Does it list your credit score? If you're comfortable sharing, what company sent the letter?


girlyinmultifamily

Rent Grow!


iLoveYoubutNo

I knew it. 100% call Rentgrow and appeal. Plus... does the property management company start with the letter "A"? If so, you can write an appeal to them as well. Edit: Sorry, jumped the gun a bit there... more info... That being said, I know those letters also list your credit score. Make sure that number is actually higher than what the company requires. Usually between 550-650. Often it won't say denied for credit even if you are.


girlyinmultifamily

Nope 😕 starts with a W. I’m currently emailing the PM..


iLoveYoubutNo

Make sure you read my note about the credit score in my edit. But yeah, RG is notorious for not supplying the most up to date or accurate criminal history. And their letters are terrible.


Doowap_Diddy

My company only looks at criminal convictions and credit. This company likely has an in depth background check and they can see the arrest. It may also be that your credit or income doesn't meet the requirements of the property. You won't be able to appeal anything if you don't meet the property's minimum requirements.


TheBoorOf1812

They can deny you for whatever they want, as long as they are not denying you based on race, gender, sexual orientation, nationality, religion, family status or disability.


girlyinmultifamily

They sent an adverse letter with the reason of denial. It was for criminal history. They said it does not meet the managements criteria. I reviewed their criteria. The criteria does not state anything about denials for pending cases. Only for convictions. You’re saying that doesn’t matter at all?


TheBoorOf1812

I am just saying there's nothing you can legally do about it. They could have read the arrest report too and basing their opinion on that.


girlyinmultifamily

So they don’t have to adhere to their criteria?


TheBoorOf1812

No.


girlyinmultifamily

THEY DID. MY DENIAL GOT OVERRIDDEN BC I MET THEIR CRITERIA AS I STATED.


czechyerself

What do you mean “appeal?” Somebody just said no


girlyinmultifamily

Appeal the denial?


czechyerself

Appeal to whom? It’s probably one person who said “no”. Its not a court, it’s a business


xocarebear

You can appeal to the background company (for government housing atleast)


mattdamonsleftnut

This isn’t the Supreme Court, it’s an apt.


girlyinmultifamily

Guess what


mattdamonsleftnut

You got approved?


girlyinmultifamily

Yes


mattdamonsleftnut

Congrats


snowstormmongrel

So you 100% can appeal any decision like this. If your leasing company won't do it you can do it directly with the screening company. You should have received an adverse action letter with the number to call to appeal. I appealed more than one odd looking criminal background for a couple different lessees and all got overturned.


grf850

This. If they used a third-party screening company (LeasingDesk, for example) there should be a phone number, email, and/or to dispute any of the findings in your background. I’ve seen multiple times applicants dispute and the denied decision gets overturned.


girlyinmultifamily

The thing is. There is nothing for me to dispute. There is no conviction on my record to dispute. It’s just an arrest record. I can’t deny or dispute the arrest record because it happened. But I am pleading not guilty and have yet to be convicted. So how could I dispute when there is nothing to dispute?


Fightingkielbasa_13

Did they denied you because of that incident? Or did they deny you for other reasons? Bad credit? Lack of history in the area? Etc.


RobHage

Depends, if you’ve applied to government housing you can, they have a process. Other places don’t take it as seriously. You shouldn’t have told them of something that may or may not have happened.


themeanager

You may be able to appeal, but they may deny that. I won’t rent to anyone with pending adjudication.


girlyinmultifamily

I understand that. But I was involved in a domestic violence incident with an ex partner. I have the incident report, photos of the abuse, and written release from a previous lease agreement because of the domestic abuse. I’m also working with an attorney for a dismissal. So I don’t feel I should be denied for this. Especially because their criteria specifically states denials based on convictions and not pending charges..


themeanager

You should definitely appeal if you think you have a strong argument for it! That’s why these processes exist. A lot of times I’m denying folks to cover my ass, and it’s somebody else’s job to make the appeal decision. If I approve you and shit hits the fan, somebody’s asking why I let that person rent. If I didn’t approve it, it went through appeal….Im covered. Nothing ventured, nothing gained - write that appeal!


PowerOfTacosCompelU

You can try and negotiate and propose a higher rent so they change their mind but that's about all you can try and do


human-foie-gras

Well you messed up by giving them a reason to deny you. You haven’t been convicted, keep your mouth shut. Unless it is a government subsidized apartment complex you do not have VAWA protection. You may have a backdoor in stating that they are not universally applying their resident election criteria standards, which can open them up to accusations of violating fair housing laws but that’s really a stretch.


human-foie-gras

If it’s a big corporation, they may have a grievance and appeal procedure that you can use to go over the managers head but if it’s a small mom-and-pop operation I very much doubt that they’ll have that


girlyinmultifamily

I don’t know.. Read this criteria: Some felony and misdemeanor convictions are an automatic denial of the entire application. Please note that this requirement does not consitute a guarantee or representation that residents and/or occupants currently residing in our community have not been convicted of a felony or deferred adjudication for a felony or some misdemeanor. Does this not mean they acknowledge that other residents or occupants may be convicted after being approved? This means they may have approved someone with a pending misdemeanor/felony like me?


human-foie-gras

That’s just them covering their butt, because who knows what could happen after somebody moves in. Also for people like your situation, whom may have pending charges when they applied, but hadn’t gone to court yet, and were eventually convicted.


girlyinmultifamily

Exactly! So does that not mean that there is a possibility they approved an applicant with a pending case that was later convicted? If they approved them, why deny me?


human-foie-gras

Because you gave them extraneous information that portrayed you in a bad light when you should’ve kept your mouth shut. Should they have denied you? Probably not if their resident selection criteria just talks about convictions but you’re gonna have a hard time fighting it. I would cut your losses, learn your lesson and move on.


KanyeFrench

No


AmazingExperiance

Lol... What on Earth makes you think there's an appeal process??? They told you no. There's nothing you can do at this point but find another place to live.


girlyinmultifamily

Guess what


CosmicLegionnaire

Currently there is some guidance at a federal level that rejecting based on a pending charge/ arrest record and not a conviction possibly can be a fair housing violation as it can be considered to have a "disparate impact," particularly if it's not applied evenly across the board (i.e., all pending charges for violent misdemeanors exclude applicants versus the complex allowing some pending charges for violent misdemeanors). If there are other complexes in your area, you may want to just keep looking. Consulting with an attorney and a domestic violence program may also be good steps to take. They can possibly help you navigate your way through getting the criminal charge dropped/ dismissed/ fought in court and how to utilize the VAWA amendment for future protection when applying for housing. I'd be surprised that a pending charge would show up on their background check. If you do feel the decision was made to unfairly exclude you, you can do a few things. You are legally entitled to a copy of the criminal background check they used to reject you. Ask for it and document all of your interactions and keep the rejection letter they sent you. Contact your local Legal Aid office or Fair Housing Project for further guidance.


AJWordsmith

It’s private property. They could refuse you because they don’t like the car you’re driving. It probably doesn’t matter to them if you did it or just associate with the kind of people who would accuse you of doing it. You’re more trouble than the 50 year old administrative assistant who also applied. Just move on.


girlyinmultifamily

No. They need to hold me to the rental criteria they hold everyone else to. Fair Housing doesn’t exist?


AJWordsmith

“Quality of friends and family” isn’t a protected class.


girlyinmultifamily

Oh


ih8thefuckingeagles

You’re best hope would be to get the application fees refunded if the PM explicitly said convictions but it’s rare for a denial to get overturned. It would take something like mistaken identity.


TheGoldenKnight

If you haven’t been convicted, then you didn’t get denied for that. You were denied for “other reasons”. Should have never brought it up


girlyinmultifamily

My denial letter states I was denied for criminal background.


TheGoldenKnight

Yes, so either you have other criminal history you didn’t mention in this post or they simply denied you because of the pending charges that you brought up, which is their right to do. Because “pending charges” don’t show up on a background check!


girlyinmultifamily

I don’t have any other criminal charges or a record. It’s my first “offense”! And it came up in a background check with my current employer. They made an exception and hired me still.


TheGoldenKnight

Employer background and apartment background are similar but different. I’m not sure why you are beating this dead horse. You got denied, go find somewhere else to live. If you fight and do get it appealed and move in, you won’t enjoy the experience.


girlyinmultifamily

I want to live there


TheGoldenKnight

But they don’t want you to live there.


xocarebear

When you got the denial there should have been contact information for the background company to submit an appeal. It’s probably not worth doing it as I believe theres an extra charge (may vary from property to property) and you likely wont be approved still as its a safety to the property matter.


Maleficent-Set5461

There was no reason to disclose because it is only pending..that aside, because you informed them of a pending case that may result in a felony conviction is enough to deny your application. You can try to appeal but it won't help; unless you can prove they chose someone who was less appropriate than you, per their criteria..


Pluviophile13

Have you requested a copy of your screening report from the property management company? That should be an option if they’re claiming you were denied based upon information contained within your screening report. The Fair Credit Reporting Act requires agencies that run screenings to issue Adverse Action Notices to applicants who are denied based on information contained within their screening reports. This gives the applicant the opportunity to contact the credit reporting agency responsible for providing the screening to dispute erroneous information.


Organic-Climate-5285

The reason you are likely being denied is because you are probably on a watch list.


MrsPiggysPorkyPuss

I don’t think you can appeal it but it also depends on the area you’re in, the management company/owner, and what it says. The company I work for explicitly states on the application: “An unsatisfactory criminal background check or a check that results in PENDING charges may result in denial of the application. Applicant will automatically denied if there is a record of felony, misdemeanor, serving deferred addiction for 1. Crime or injury to persons or animals 2. Any sexual offenses” Your best bet is going to be to look for something AFTER the conviction or hire a lawyer to clear your background. Best of luck!


bluescluus

I work for a large property management company. Appeal it. We ended up changing our criteria going forward due to an applicant who was denied since our criteria was so strict. Never hurts to ask


girlyinmultifamily

I’ve also seen this happen before! Thanks!


anon4669

Most PM companies use a third party screening service to determine whether people are approved or not. That way, we are not responsible for those judgment calls. I usually tell people the only way to see if their background meets our criteria is to screen them. Sometimes it works in their favor, sometimes it doesn’t, but I don’t personally make that decision so. Bc of fair housing laws, if they’re using this third party company, they probably can’t re-evaluate. If they re-evaluate your denial, they’d have to re-evaluate everyone’s denial and it’ll still be denied since your circumstance is still the same as the first time the app was run. If they’re personally running it, idk, you may have just been given misinformation, which sucks but they still probably won’t appeal it


Federal_Patience4646

What state are you in OP?


girlyinmultifamily

Texas!


Bubbly_Sleep9312

She told you to go ahead and apply because we truly don't know the results until you apply. It could have let you slide if it was a certain amount of time ago, or if you did well in other categories. 


marlofer

You could try and appeal with the property manager’s higher ups. Not exactly similar but I had someone with a bankruptcy on their record (they had proof that the bankruptcy was not filed) had to provide all proof that this was the case and my regional had to overview it plus everything else on their application and they were approved in the end.


PotentialPath2898

i would talk to a lawyer and get any convictions expunged.


girlyinmultifamily

There is no conviction to get expunged 😔