QUESTION
Does a landlord have the right to get a police report automatically anytime a tenant is arrested in the county?
Asked on Aug 19th, 2012 on Criminal Law - New York
More details to this question:
The complex I live in wanted me to sign a lease addendum stating that they can automatically get a police report and use it against us in an eviction if we are arrested anywhere in the county. She said that they could get them anytime we are arrested not only in the complex but also anywhere in the county. I told her that if they are already getting them, then they do not need my signature. I also told them that if they need my signature then, they are getting them illegally. It has to be one way or the other, but if they are already getting them then I do not need to sign it and I did not. They have never asked me again to sign the addendum. Is it not that a violation of privacy?
18 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No.
Answered on May 22nd, 2013 at 10:05 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You are technically right. Without your consent, they need to get the information through the freedom of information act. This takers longer than if you give your written consent. If you don't want to sign, which you have every right to refuse, then it may appear to the landlord that you have something to hide, and if that is the case, then they may not rent to you. Perfectly within their right because this is not discrimination. People with criminal records are not a protected class.
Answered on Aug 27th, 2012 at 1:33 AM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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No the landlord does not have a right to receive a police report.
Answered on Aug 27th, 2012 at 1:32 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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Each jurisdiction has its own rules as to paying for and acquiring police reports. Sometimes not even the defendant can get one.
Answered on Aug 27th, 2012 at 1:32 AM
Michael J. Breczinski
I have never heard of such a clause. I would not sign the lease or stay there.
Answered on Aug 27th, 2012 at 1:32 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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No, and it would not be relevant in an eviction.
Answered on Aug 27th, 2012 at 1:31 AM
Dennis P. Mikko
Police reports are public documents that are available through the Freedom of Information Act. The landlord can obtain a police report on a tenant.
Answered on Aug 27th, 2012 at 1:31 AM
Bankruptcy Attorney serving Grand Rapids, MI
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Hunter Law Offices, PLLC
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Police records are public information. Anyone can get them.
Answered on Aug 23rd, 2012 at 10:18 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Unless you are in a federally subsidized housing unit no. But since you refused to sign and they are not pushing the issue I would drop the issue.
Answered on Aug 23rd, 2012 at 10:18 AM
Police reports are public documents and can be obtained by anyone through a public records request.
Answered on Aug 23rd, 2012 at 10:18 AM
Domestic Violence Attorney serving Orange, CA
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Law Office of James Gandy
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If you consent, it isn't a violation of your privacy. This is why you were correct in not signing. They were attempting to gain something from you that they normally do not have.
Answered on Aug 23rd, 2012 at 10:16 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Generally, police reports are not public records. One can obtain some reports after the case has been closed if there was a verdict. Having or not having your "permission" has nothing to do with it - it is not your report.
Answered on Aug 23rd, 2012 at 10:11 AM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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No right, but he can if he wants to because it's a public record.
Answered on Aug 23rd, 2012 at 10:11 AM
Police reports and arrest records are PUBLIC KNOWLEDGE. Ask landlord for HIS SIGNATURE as you're running his business records and Civil Litigation records. Look up his tax and criminal records while you're at it.
Answered on Aug 23rd, 2012 at 10:11 AM
John Patrick Yetter
No, other than parts of the report and the records are public records.
Answered on Aug 23rd, 2012 at 10:08 AM
Anyone can request a police report under the Freedom of Information Act.
Answered on Aug 23rd, 2012 at 10:08 AM
Bruce Arthur Plesser
Anyone can get a police report
Answered on Aug 23rd, 2012 at 10:08 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Anyone can get any public report
Answered on Aug 23rd, 2012 at 10:07 AM