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Managing The Property : Legal
Megan's Law The 1994 Jacob Wetterling Act requires the States to register individuals convicted of sex crimes against children. Sex offender registration laws are necessary because:
  • Sex offenders pose a high risk of re-offending.
  • Protecting the public from sex offenders is a primary governmental interest.
  • The privacy interests of persons convicted of sex offenses are less important than the government's interest in public safety.
  • Release of certain information about sex offenders to public agencies and the general public will assist in protecting the public safety.
Community Notification

Megan's Law allows the States discretion to establish disclosure criteria. But it does compel the states to create a public data base on registered sex offenders. Locally, the data base is often at the Police Dept and access rules do vary.

Information disclosed is to be used for public safety purposes  and cannot be used to harass, or commit any crime against a registered offender. It is also prohibited to discriminate against registrants for the following:
  • Insurance
  • Loans
  • Specified employment
  • Education, scholarships or fellowships
  • Housing or accommodations
  • Benefits, privileges or services provided by any business establishment
The Landlord dilemma

There is no indication in the law that a landlord must check on status, or disclose information from the registry. This may vary in some states.

Megan's law states that the information on the registry may be used "only to protect a person at risk". It prohibits use of registry information to denying housing to a convicted sex offender.

On the other hand, a landlord has a duty to protect residents from known risks and the landlord may be held responsible for criminal acts on leased premises.

Conclusion

The use of convicted sex offender information in screening and eviction is at best unclear. There is potential liability for owners and managers of rental property who either evict or fail to evict known registered sex offenders residing at the property if that ofender then commits a crime.

KlassKids Foundation for the protection of the children

 There is a state by state data base of all registered sex offenders at Klasskids Foundation. In order to remain current and maintain relevance KlassKids Foundation asks the public to provide updated information that we may have overlooked.

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