My Client Just Revealed That He's A Registered Sex Offender. Now What?

I am with Emmy on this one.  Need more information.  I have been doing some google searches and found this interesting from a legal site....

http://www.legalmatch.com/law-library/article/landlords-duties-regarding-convicted-sex-offenders.html

Can a Landlord Deny the Application of a Convicted Sex Offender or Evict a Current Resident Who is Discovered to Be a Convicted Sex Offender?

The law is less clear on this topic.  On one hand, the law prohibits sex offender registry information from being used for the purpose of denying housing.  A landlord who does use the registry for that purpose can be sued for damages and possibly fined.  However, a landlord also has a duty to protect residents from known risks, or risks that the landlord should have been able to recognize. 

If a landlord decides that sex offenders constitute a known risk, he or she may consider denying applicants who are current sex offenders or evicting such residents.  If a person is found to be a current health or safety risk to others that person will not be protected by fair housing discrimination laws. 

I love these kinds of converstations.  I wish there were classes that were this specific that we could take. 

Oh geez . . . you DO have the best stories.  I don't think it's your duty to disclose, but the registered sex offender needs to, no?!?  If he didn't tell you, you wouldn't have known.  Since he did, and you know, then I'd say . . . like Jane said.

Interesting topic Greg. I reblogged this and told the story of one of my Sellers, who turned out to be a registered sex offender... 

Man, this is a tough one. My first though was that I have 3 daughters and he can go jump off a bridge. But the more I think about it, he is human (kinda) and as long as everyone follows the rules, he deserves a place to live, right?

Greg, what a shocking situation to be put in.  I think I would refer them to someone with more knowledge on handling the situation.  Most likely our local real estate commissioner.  I would not know where to begin with looking into the areas that someone that is a registered offender can live, so many schools around. 

OY.. I do tell buyers and renters that they can go check out the registry.. but like a local issue. we have a sex offender that moved into a home nearby.. not the owner or even a relative.. now what?? the neighbor was told that there was nothing that they could do to warn anyone by passing out fliers etc .. This is what the police told them. He was in compliance and that was all that could be done.

hmmm but if he told you directly... now what??

Curious to see all the responses here.

Seriously, in CA there are so many laws - so far away fro schools, etc.  The home also has to be approved by the parole board and/or the registry.  This takes like a month, so it also can lengthen the escrow by 2 times or more... be very careful to have your dogs in a row.

I would want to know all the messy details since some of them aren't really sex offenders at all but just tossed in that pool with the rest of them.  Depending on the degree of offensiveness, I would then decide whether or not to work with him.  I have fired buyers for far less.... and they were free to walk the streets.

Wow...very good discussion.  I think that I would stay away from this one to be sure..very interesting and informative comments.  Can't wait to see what the attorney said.  

If this is a lease the listing agent will have to run a criminal back ground check that will reveal this anyway. So fess up! I also agree with Emmary you have to look at the level of the actual sexual offense.

I have a friend who leased one of her 12 apartments to a sex offender. He lived there for about three years before she had to throw him out. He didn't hurt any children but he was mean and did mean things to the neighbors.

He was also dealing drugs from his apartment and he was being watched by the PD. In the end he lucked out because he got thrown out before he was arrested again.

Holy WoWziers! I'm so curious as to what the answers are!!!

Hey Greg,

I too think this is a grey area.  Some sex offenders do have permission to live near a school for example.  Interested to see your answer.  Another great post!

I'm really torn on this one Greg. I dont know if I should dig into it deeper and further. My question is:

- Can an office policy states that we do not work with Registered Sex Offenders? People with criminal background?

One part of me may want to dig deeper into the subject. I'm all about mercy. What if this was a young who has record, but he was 19 and slept with his 17 year old girlfriend. The gf's dad found out about it, use that against him? He's now 30, married to the gf with 2 kids? Then, what do we do there?

I'd be hanging out here to see your responses. I dont think we could treat all of them the same. But it's hard to say, Okay to some stories and Not Okay to some. Hard place to be in.

Tough one to deal with; mixed emotions and all but there really are varying reasons for the offense. Seems like you can't discriminate but you do have to disclose. I'll be looking for your follow-up.

I'm dying to hear what the attorney said.  I am not sure if I'd be breaking any laws by telling anyone yet on the other hand, I think I might.  Also, do they have the right to privacy?  Tough one.  Anxiously awaiting your response.

Here in California I would have called the California Association of Realtors legal hot line and gotten an opinion from and expert. Very interesting question. Glad you posted it.

Wow Greg, this is a good one.  I haven't run into the situation and hope I don't, but I don't believe you would need to disclose this.

A sex offender is not to be confused with a child molester. Not every sex offender is a child molester but every child molester is a sex offender.