A Look into Your Past
A criminal history screening is a background check intended to determine if a prospective tenant has a criminal record. While common in some countries, it is a relatively rare and legally sensitive component of the tenant screening process in the Netherlands. A landlord cannot simply access police databases or run an independent criminal check on an applicant. Instead, the only legitimate method is to request that the applicant provides a Certificate of Conduct (Verklaring Omtrent het Gedrag, or VOG). This request itself is a significant imposition that raises serious questions about privacy, proportionality, and the potential for unfair discrimination.
The 'Verklaring Omtrent het Gedrag' (VOG)
A VOG is an official document issued by the Dutch Ministry of Justice and Security. It is not merely a list of past offenses. Instead, it is a statement confirming that, after a screening, the applicant's past conduct does not pose an objection to them fulfilling a specific purpose (e.g., a job, a visa application, or, in this case, a tenancy). The screening is purpose-specific, meaning that past offenses are only considered relevant if they present a risk for the specific 'role' being applied for. For a tenancy, a past conviction for financial fraud or property damage would be considered far more relevant than an old traffic violation. The applicant must apply for the VOG themselves; the landlord cannot do it on their behalf.
Legality, Proportionality, and Privacy
The central legal question is whether it is reasonable and proportional for a landlord to demand a VOG from a prospective tenant. For a standard residential lease, such a request is widely considered to be an excessive and disproportionate invasion of privacy. A landlord's legitimate interest in securing a reliable tenant does not typically extend to scrutinizing their entire past conduct. The Dutch Data Protection Authority has indicated that landlords should be extremely cautious and generally should not require a VOG. The practice might be considered more justifiable in very specific, high-risk situations, such as renting in a building with vulnerable residents or a high-security complex, but for the average apartment, it is a major overreach. A tenant is well within their rights to question or refuse such a request.
The use of criminal history screenings in the housing market is ethically problematic. It creates a significant barrier to housing for individuals who have already been through the justice system and are attempting to reintegrate into society. A blanket policy of rejecting any applicant with a record—regardless of the nature of the offense or how long ago it occurred—can lead to a form of double punishment and perpetuate cycles of instability. It risks turning a landlord's legitimate risk assessment into a moral judgment, effectively excluding a segment of the population from the basic right to housing based on past mistakes that may have no bearing on their ability to be a good tenant.
