Talking Points By PEPP   
The Moorhead Police Department must stop using the CID printout as a Criminal Background Check for Landlords to screen Tenants!

History of Our group
We are a group of people who have come together to focus on how our community leaders are affecting individuals basic human rights to housing. We know that law enforcement in our area is creating difficulties and hardships for people in our community by the way that they are encouraging landlords to do "Background Checks".

It is a known fact that our local authorities have not been helpful in creating needed housing. We believe that the Central Intelligence Database (CID) is just one more system that authorities use to avoid the broader needs of housing in general. Our group meets to organize, challenge and demand local authorities to come into compliance with the law. Although our city council admits through its Consolidation Plan that affordable housing and three-four bedroom units is a barrier to fair housing, our local authorities have consistently failed to eliminate this barrier. We believe that the CID is an attempt by the local authorities to use their political power to systemically discriminate. Our group’s intentions are through organizing and challenging the authorities to come into compliance with state and federal law. If the authorities do not come into compliance, we will be forced to take our concerns further.

History of the Crime Free Program in Moorhead
The Crime Free Multi-Housing Program originated in Mesa Arizona in 1994. Moorhead has been participating in this program since 1996. The program focuses on three phases for property owners;

1. Police and community to reduce crime through training.
2. Physical security measures of the property.
3. Tenant and neighbor involvement.

Phase one of the program puts landlords through an 8-hour training that deals with a multitude of crime issues. One main area dealt with is the screening of tenants. This is the area we are concerned about, because Moorhead police are training landlords to ask for the CID printout as a form of criminal background. The landlords then use this information as one of the basis for screening tenants for occupancy. Once the landlord had completed the 8-hour training, these background checks are provided for free.

What is a "Criminal Background Report
Someone with a "Criminal background", has been convicted of a crime. When an Employer checks the background of a potential employee, they check the court records and then decide if an employees background influences their qualification or appropriateness for the position. The same can be said for a landlord who wants to ensure that the character of a potential tenant will not cause them trouble. The landlord deserves to get accurate and complete information. We see the CID print out as misleading landlords because it lists only dispatch information which very seldom has any relation to crimes.

What is the problem with Moorhead's tenant screening program?
Background Checks are being used by landlords to screen potential tenants in Moorhead. The information the Moorhead Police Department releases is inaccurate, incomplete, misleading and should not be used. A true criminal history can be obtained from court records. We propose that the Moorhead Police Department quit using the Central Intelligence Database History Printout (CID) as a "criminal" background check on prospective tenants. We have found a significant number of individuals are being discriminated against and they have no criminal history.

The majority of individuals who are being discriminated against are 'citizens' in our community, and are not 'criminals'. They have a number of minor incidences which have nothing to do with crime listed on their CID reports. These show up when landlords ask for a CID report. Landlords are then left to interpret the information and make decisions on whether or not to rent. The content of the data is inaccurate, incomplete, and misleading which calls into question whether this practice is legal. This has made it extremely difficult for people to gain needed housing. We believe that how authorities, in our community, are creating and using ("Un")-Comprehensive Law Enforcement Data (MN Statute 13.82) is not only harmful, but against the law.

Why Arrest data should not be used to deny housing
The Minnesota Crime Free Multi-Housing Manual stresses that Arrests should not be used as a basis to deny tenants housing. On Pg. 8 of the 1999 edition it says "At this time it is not illegal to deny residency to an applicant based on their criminal history. Keep in mind, you cannot discriminate on the basis of arrest; only on a conviction." Other programs used in Minnesota that are similar to Moorhead’s also stress that arrests should not be used as a basis to deny housing to an applicant. Minnesota Crime Prevention Association put together a manual for law enforcement agencies in the state and also stress the danger of potential discrimination in using arrests as a way to screen tenants. On page 27 of the 1995 manual, they state " Obtain criminal background checks by doing a search of court records, or locating an applicant screening firm that will do the search for you. However, if you choose to rely on court records, be careful-you may use convictions, but not arrest records, as a basis for rejecting an applicant. Patterns of arrest have been proven to be discriminatory against protected classes, and as such, could be inappropriate to use as screening criterion."

In addition, Moorhead’s training material itself, suggests that the police department should not be releasing the CID to landlords. It makes no sense that they encourage the use of the CID when their manual and other crime-free models tell them not to.

CID printouts should not be highlighted as a method of Tenant screening
Why is the Moorhead Police Department handling this aspect of tenant screening? The Mesa Arizona material ( which Moorhead has modeled their program after) strongly suggests that communities have an independent agency handle the tenant screening for its program. The Minnesota statutes state that Criminal records are provided by the court upon request (MN Statute 13.84). There is no mandated law that requires law enforcement data (or the CID) be used to screen tenants (MN Crime Prevention Association).

In addition, the Moorhead Police Department uses self created "labels and definitions" in place of factual and complete data. The data released is not legal (MN Statute 13.03, subd. 2 & 3 13.82 subd. 11). When Police Department information is requested – it is to be released in a manner that is factual, brief but complete, accurate, and consistent (13.03 & 13.82). Changing the data is questionable and possibly illegal (13.82, subd. 9 & 11).

We have found CID print outs to be inaccurate, incomplete and inconsistent. In addition they have released data that is considered private data under the MN Privacy Act (Statute 13). We have many reasons to object to this being used as an accurate method to screen tenant s for available housing.

Private and Confidential Information Is Not to Be Released
It is a fact that there is private information on the CID. This has been evident in that many CID print outs obtained by PEPP members were held until an employee of the Moorhead Police Department had a chance to go through the report and mark over information that is not public. This is done with a black marker. Minnesota statutes states that Juvenile data cannot be released and Police cannot provide the public with domestic dispute information (MN Statutes 13.02, subd. 8a; 13.82, subd.10; & 617.246, subd. 2). In addition, 911 calls also need to be sectioned out so those individuals rights are protected (13.82, 3a; & 403.07). All of these items have shown up on the CID printouts that PEPP has obtained, despite having some items marked out with a black marker.

We are especially concerned that Victims of Domestic Violence are waiving their right to privacy when a landlord is allowed to receive a CID printout. A police officer must make a report following a domestic violence incident even if no arrests are made (MN Statute 629.341, subd.4; 13.82, subd. 10). This information is to be released to the authorities involved in helping the victim. However the report is to be withheld from public access to protect the identities of victims of abuse (MN Statutes 13.02, subd.8a; 13.82, subd. 10; 617.246, subd.2). Victims of domestic abuse also have the right to request that all data be withheld from public access (MN. Statute 611A.021). Here is the irony of the situation. Most tenants are required by landlords to sign a release of information form in the process of finding housing, but the release form also states that information can be obtained even with out a release signed. Police release this information to landlords.

The law says that law enforcement is to develop, adopt, and implement a written policy regarding domestic abuse arrest data. When developing a policy, law enforcement needs to consult with domestic abuse advocates, community organizations, and other law enforcement that have experience with domestic abuse incidents (MN Statute 629.342, subd.2). We want to ensure that law enforcement is doing this.

What You Can Do

• Get your CID printout and see what information is on your "Criminal" history.
• Call the Mayor of Moorhead and City Council Members and tell them to stop the police department from using the CID Printout as criminal history.
• Attend the Moorhead Town Hall Meeting in October and voice your concerns about this issue.
• Submit your comments to HUD in the Annual CDBG Plan this Fall.
• Write a letter to the Minnesota Attorney General and ask them to investigate what Moorhead is doing.
• File a Complaint with Legal Services
• Write a Letter to the Editor
• Join our working group that meets weekly at PEPP