Under what condition may the owner run criminal background checks at annual reexamination?

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To run criminal background checks during the annual reexamination, it is essential that there is a policy in place as outlined in the Tenant Selection Plan (TSP) and that families sign the appropriate consent forms.

Having a policy in the TSP provides the framework for how background checks will be conducted, ensuring that the process adheres to legal and regulatory standards. This policy should clearly state the circumstances under which background checks will be performed, including for annual reexaminations, making it a foundational component for any decision regarding tenant screening.

Consent forms are also crucial because they ensure that families are aware of and agree to the background check process. By obtaining consent, the property owner is respecting the rights of the individuals being screened and remaining compliant with privacy laws, which is a necessary step for lawful background checks.

Without these two components—a policy in the TSP and signed consent forms—the property owner risks conducting background checks that may not be legally justified or may violate tenant privacy rights. Thus, both elements must be in place for criminal background checks to occur during annual reexaminations.

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