Provo landlords may do criminal checks

PROVO — All prospective tenants, excluding Brigham Young University students, may have to submit to criminal background checks before renting property in the city.

With an aim toward reducing crime, the Provo City Council is considering a proposed measure that mandates landlords conduct background checks for every adult tenant who applies to rent a unit. Landlords can complete that check either by criminal background investigation or by verifying the potential renter is "a student at an institution of higher education which maintains a code of conduct."

While the ordinance doesn't specifically exempt BYU students from criminal background checks, some council members say it reads that way because BYU is the only local university with a code of conduct. Councilwoman Cindy Clark said the ordinance sets an uneven playing field.

"You're requiring this of students that aren't at BYU," she said. "So BYU gets sort of preferential treatment."

But Councilman George Stewart said it's not unfair treatment because BYU already places extensive requirements on landlords seeking BYU approval.

"BYU has a very stringent approval process," he said.

City Council attorney Neil Lindberg said the ordinance doesn't favor BYU because students at other academic institutions could opt for verifying their academic status if those institutions implemented codes of conduct.

BYU spokeswoman Carri Jenkins declined to comment on the ordinance, saying she would need more information.

Aside from background checks, landlords would be required to meet other guidelines or risk losing their rental license. Those include:

• Using lease forms allowing eviction of tenants for criminal activity.

• Undergoing biannual training conducted by the Provo Police Department to learn to recognize and reduce criminal activity.

• Provide proof to the city they conducted tenant background checks, used a complying lease agreement and completed biannual training to obtain their rental dwelling license application.