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Materials from this forum will be added in 1-2 weeks.

Description 

In recent years, numerous tools utilizing artificial intelligence (AI) and robotic process automation (RPA) have been made available to the public. These tools offer the potential to help transform organizations by increasing the efficiency, accuracy, and accessibility of their programs. Conversely, the use of AI tools in the housing industry raises concerns about the potential discriminatory implications of such products in processes such as rental advertising and tenant screenings.

This two-part forum series will help participants understand AI products and the potential benefits and drawbacks of the use of such tools by housing providers and fair housing organizations. Explore the first forum in this series to learn more information on the fundamentals of AI and RPA and how these technologies can be utilized in everyday fair housing operations.

The employment of AI/RPA by housing raises the concerning possibility that the use of these products may result in unjustified discriminatory effects. However, The Fair Housing Act applies to housing decisions regardless of what technology is used. Housing providers and tenant screening companies have a responsibility to avoid using these technologies in a discriminatory manner. The second forum in this series will continue to develop attendees’ understanding of the current use of AI/RPA by housing providers, and the potential for AI systems to reproduce and intensify existing inequities.

In this forum, experts will discuss how HUD-funded fair housing partners can analyze the potential discriminatory use of AI tools by housing providers. Attendees will learn about recent HUD Guidance issued concerning the use of AI in tenant screening processes and the advertisement of housing. Panelists will discuss recent legal updates regarding the use of AI by housing providers, including the recent settlement in Louis et al. v. SafeRent et al.. Attendees will gain tools and insights to help them combat the discriminatory use of AI tools in their communities.

 

This discussion raises important points about rethinking traditional tenant screening processes, especially in the context of Housing Choice Voucher (HCV) participants. These “what if” questions challenge landlords, property managers, and even housing organizations to balance risk management with opportunities to create housing stability. Below are some reflections and suggestions inspired by these questions:


Are the right questions being asked?

Traditional screening often emphasizes factors like credit scores, eviction history, and criminal background checks. While these are common, they may not fully reflect a tenant's ability or willingness to maintain housing stability—particularly when the rent is fully subsidized.


Collective Conversations:

Encouraging open dialogue among landlords, housing advocates, and policymakers could identify opportunities to revise or enhance screening criteria. Such conversations might focus on:

  • Removing or softening barriers that unfairly exclude voucher holders.
  • Highlighting success stories of tenants with unconventional qualifications who became stable renters.
  • Defining practical, fair screening practices that align with housing-first principles.

Questions to Consider Before Renting:

  • Does the tenant have a history of maintaining their living environment in good condition?
  • Are they willing to engage with case managers or support systems if challenges arise?
  • Do they have references or personal testimonials from employers, landlords, or community members?

Credit Score in Context:

When rent is fully subsidized, a low credit score might indicate financial struggles unrelated to housing stability. In these cases:

  • Credit score could be used as a secondary factor rather than a deciding one.
  • Landlords could prioritize rent-payment behavior over general credit usage.

Justice Involvement:

  • How far back to look depends on the nature of the offense and its relevance to being a good tenant (e.g., violent crimes vs. minor offenses).
  • Landlords could work with housing advocates to develop fair, evidence-based timelines, such as excluding convictions beyond 5-7 years that are not directly tied to housing or safety.

Innovative Screening Ideas:

  1. Current Utility Bills:

    • Asking for utility payment history could provide insight into a tenant’s ability to manage household responsibilities.
  2. Previous Payment Ledger:

    • Obtaining a record of consistent payments (or explanations for inconsistencies) from a previous landlord might be a more telling indicator than a credit score.
  3. Character References:

    • A letter from a former landlord or employer could highlight positive traits like responsibility, reliability, and the ability to maintain relationships.

What If...

  • Landlords adopted a more holistic, strengths-based approach to screening tenants, focusing on their potential rather than solely on past challenges?
  • Housing organizations offered incentives or guarantees to mitigate perceived risks, such as insurance for damages or missed rent?

By asking these questions and creating opportunities for collective discussions, landlords and housing advocates could better balance the need for stability and safety with the opportunity to house families and individuals who might otherwise be overlooked.

 

 

 

 

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