Florida Renters Made Safer Under Miya’s Law– Landlords Required To Background Check Workers

On Oct. 2, 2021, authorities discovered Miya Marcano’s body near her apartment. Miya’s law was … [+] passed to boost occupant security after Marcano was eliminated by an upkeep employee who entered her house utilizing a crucial fob. (Orange County Sherriff through AP)


As of July 1, 2022, property renter security in Florida will be strengthened by a brand-new law needing background look for potential workers. Senate Bill 898, pointed out as “Miya’s Law,” was signed into law by Gov. Ron DeSantis in action to the death of Miya Marcano, a trainee eliminated in her Orlando apartment or condo by an upkeep employee who went into utilizing a house crucial fob.

Miya’s Law needs that proprietors make use of the service of a customer reporting firm, such as a background check supplier, to evaluate a potential worker’s criminal history records and sex transgressor computer registries of all 50 states and the District of Columbia.

A property owner might disqualify an individual from work if the individual has actually been founded guilty or condemned of or got in a plea of guilty or nolo contendere to any of the following offenses:

  1. A crime including neglect for the security of others which, if dedicated in Florida, is a felony or a misdemeanor of the very first degree or, if devoted in another state, would be a felony or a misdemeanor of the very first degree if devoted in Florida.
  2. A crime dedicated in any jurisdiction which includes violence, consisting of, however not restricted to, murder, sexual battery, burglary, carjacking, home-invasion break-in, and stalking.

Because Miya’s Law needs that property managers demand background checks through customer reporting firms, property owners should bear in mind their compliance requirements under the Fair Credit Reporting Act (FCRA), which manages how background checks are asked for, reported, and utilized.

Before asking for a background check, a property owner needs to offer the potential staff member with a file that consists exclusively of a disclosure worrying the background check and get the prospect’s composed permission for the background check.

When purchasing the background examine the proprietor should license to the background check supplier that they have and will abide by the FCRA and any relevant laws or guidelines and will not utilize the details reported in infraction of any federal or state equivalent job opportunity law or policy.

If info is returned on the background check that might trigger the proprietor to disqualify the prospect from hire, the property manager needs to follow the FRCA’s pre-adverse action treatment and offer a notification to the prospect, a copy of their background check, and a copy of A Summary of Your Rights Under the Fair Credit Reporting Act provided by the Consumer Financial Protection Bureau (CFPB).

The potential worker need to be offered a sensible quantity of time, typically a minimum of 5 service days, to examine the pre-adverse action notification and, if suitable, submit a conflict worrying the precision or efficiency of the info reported with the background check supplier.

If the proprietor chooses to negatively impact the prospect’s work, such as withdrawing a task deal, the proprietor should send out the potential staff member an unfavorable action notification that consists of the name, address, and phone number of the background check supplier, consists of a declaration that “the customer reporting company did not decide to take the negative action and is not able to supply the candidate the particular reasons the negative action was taken,” and informs the prospect of their right to get a totally free copy of their background report within sixty days and to contest any details reported in the background check.

In addition to mandating background checks, Miya’s law needs that proprietors execute policies and procedures to represent the issuance and return of each home system’s secrets. Miya’s law likewise increases alert requirements for repair and maintenance from 12 to 24 hours.

” By signing this legislation, we’re making it more secure to reside in a rental and offering occupants more comfort in their houses,” stated DeSantis in a declaration. “Miya’s death was a catastrophe, and our prayers continue to be with the Marcano household. I am happy to act upon their behalf to assist avoid a catastrophe like that from taking place to another Florida renter.”

Landlords are motivated to evaluate compliance requirements with their legal counsel, engage background check suppliers, and carry out procedures to abide by Miya’s law in brief order.

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