Megan Brockett

mbrockett@pressconnects.com | @PSBMegan

Binghamton City Council is weighing legislation that would require landlords, realtors and others who rent or sell property in the city to complete criminal background checks on prospective tenants and buyers.

The background checks would be filed with the city clerk's office and could potentially be used for reference by police and other emergency responders called to the property.

Former Councilman Tony Massar, who pitched the legislation to council members at Monday's work session, said it would be a first step toward stopping the deterioration of Binghamton's neighborhoods, citing crime and the declining appearance of properties.

"We as a city have to start taking steps to prevent the loss of our neighborhoods to the degree that they (are) being lost now," said Massar, a Democrat who represented the city's First Ward from 2000 to 2007.

The legislation, which council members agreed to take up later this month in committee, would give landlords an "early indication" of the people they plan to rent to, Massar said.

Landlords could use the information they find out from background checks to write safeguards into their leases. If they learn a prospective tenant has a record of arson or maintaining meth labs, for example, the landlord could chose to include in the lease periodic check-ups of the property with or without the tenants present, Massar said.

He also said the background check requirement could deter people with serious criminal records from trying to rent or buy in Binghamton.

But the intent of the law is not to give landlords a reason to turn away people with criminal records, he said.

The measure, named the Neighborhood Integrity Protection Act, was met with some resistance from at least one City Council member during the meeting.

Conrad Taylor, D-4th District, said mandating every landlord perform criminal background checks on prospective tenants didn't seem legal.

"People who have had a criminal record in the past, they still need a place to live," Taylor said.

Under federal law, a person cannot be denied housing based on race, color, national origin, religion, sex, familial status or disability. The New York State Human Rights Law also makes it illegal to discriminate based on creed, age, sexual orientation, marital status or military status.

But neither offers explicit protection to people with criminal records.

Organizations like the American Civil Liberties Union (ACLU) have called for reducing barriers to housing for those with criminal backgrounds, arguing that the denial of housing based on criminal records can deny people an opportunity to rebuild and increases the risk of recidivism, making communities less safe.

City Councilman Giovanni Scaringi, R-1st District, said many landlords in the city already conduct background checks on tenants before agreeing to rent to them.

The key to ensuring discrimination doesn't occur, which should be a top priority, Scaringi said, is making sure whatever the rules regarding background checks are, they are used equally across the board.

"This is very common," Scaringi said, arguing in support of the legislation at Monday's meeting. "I've done quite a bit of research on it ... and anywhere I've looked, I've found very, very positive effects."

Scaringi and Massar both said the legislation also could give greater protection to police officers, firefighters and other officials who respond to public safety situations at city properties.

By having criminal records on file at the city clerk's office, dispatchers could work with the city to provide emergency responders with potentially relevant information about the property owners or tenants when they are called to certain locations, they said.

City Councilwoman Dani Cronce, D-3rd District, also spoke in favor of the legislation Monday, saying it could help address concerns about crime in neighborhoods like the one where she lives on the West Side.

City Council is expected to discuss the legislation at a committee meeting at 5 p.m. March 21 in the City Council work room at City Hall.

Follow Megan Brockett on Twitter @PSBMegan.

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