Landlords in California are not allowed to ask about an applicant’s criminal history until after a conditional offer of tenancy has been made. This means that landlords cannot include questions about criminal history on rental applications or ask about it during the application process. Landlords who violate this prohibition may be subject to a civil penalty of up to $1,000. However, there are some exceptions to this rule. For example, landlords may ask about criminal history if the property is located in a housing development that receives federal funding or if the landlord has a reasonable belief that the applicant’s criminal history may pose a direct threat to the health or safety of other tenants or the property. Landlords should be aware of these exceptions and ensure they comply with all applicable laws.
Discrimination Laws in California
Landlords in California are prohibited from discriminating against potential tenants based on certain protected characteristics, including criminal history. This means that landlords cannot use a person’s criminal record as a reason to deny them housing, charge them a higher rent, or impose any other adverse terms or conditions.
Exceptions to the Rule
There are a few exceptions to this rule. For example, landlords may be able to deny housing to someone who has been convicted of certain violent or sexual offenses. Additionally, landlords may be able to impose restrictions on housing for people who are registered sex offenders.
How to File a Complaint
If you believe that you have been discriminated against by a landlord because of your criminal record, you can file a complaint with the California Department of Fair Employment and Housing (DFEH). The DFEH investigates complaints of housing discrimination and can take action against landlords who are found to be violating the law.
What to Include in Your Complaint
When filing a complaint with the DFEH, be sure to include the following information:
- Your name, address, and phone number
- The name and address of the landlord
- The date and time of the alleged discrimination
- A description of the discrimination that you experienced
Additional Resources
The following resources can provide you with more information about your rights as a tenant in California:
- California Fair Employment and Housing Act: https://www.dfeh.ca.gov/publications/feha-full-text-law/
- California Tenant Rights: https://www.dca.ca.gov/publications/tenants-rights.pdf
- Legal Aid Society of San Diego: https://www.lassd.org/
Table of California Fair Housing Laws
| Protected Characteristics | Covered Activities |
|---|---|
| Race | Rental, sale, marketing, financing, and appraisal of housing |
| Color | Rental, sale, marketing, financing, and appraisal of housing |
| Religion | Rental, sale, marketing, financing, and appraisal of housing |
| National origin | Rental, sale, marketing, financing, and appraisal of housing |
| Sex | Rental, sale, marketing, financing, and appraisal of housing |
| Familial status | Rental and sale of housing |
| Disability | Rental, sale, marketing, financing, and appraisal of housing |
Fair Chance Housing Act: A Guide for Landlords in California
The Fair Chance Housing Act (FCRA) is a California law aimed at protecting individuals with criminal records from discrimination in housing. Enacted in 2018, the FCRA places restrictions on landlords and property owners regarding inquiries and decisions related to an applicant’s criminal history.
The FCRA applies to all housing providers in California, including owners, managers, agents, and landlords. It prohibits landlords from:
- Inquiring about an applicant’s criminal history on a rental application or during the initial screening process.
- Denying a rental application solely based on an individual’s criminal history.
- Considering an applicant’s criminal history when determining the rental terms or conditions, such as rent, security deposit, or pet policies.
However, there are a few exceptions to these restrictions:
- Landlords can conduct a criminal background check on an applicant after a conditional offer of tenancy has been made.
- Landlords can deny an application based on criminal history if the applicant’s criminal history poses a “direct threat” to the health and safety of others or the property.
- Landlords can consider criminal history in certain limited circumstances, such as when an applicant is seeking housing in a senior citizen community or a housing development with a history of violence.
To comply with the FCRA, landlords should:
- Avoid asking about criminal history on rental applications or during the initial screening process.
- Conduct criminal background checks only after a conditional offer of tenancy has been made and only if the background check is conducted in a fair and consistent manner.
- Make individualized assessments of an applicant’s criminal history, considering factors such as the nature and severity of the crime, the amount of time that has passed since the conviction, and the applicant’s rehabilitation efforts.
The FCRA has been instrumental in expanding housing opportunities for individuals with criminal records in California. It has reduced the stigma associated with criminal records and helped to ensure that people with criminal backgrounds have a fair chance at obtaining housing.
| Action | Allowed |
|---|---|
| Inquire about criminal history on rental application | No |
| Deny rental application based on criminal history | No, unless it poses a direct threat to health and safety |
| Consider criminal history when determining rental terms | No |
| Conduct criminal background check | Yes, after conditional offer of tenancy |
| Make individualized assessments of criminal history | Yes |
California Criminal History Information
In California, landlords are permitted to inquire about an applicant’s criminal history, but there are constraints and regulations governing how this information may be requested, used, and disclosed. Here’s an extensive outline of California’s criminal history information laws as they apply to landlords:
Permissible Inquiries:
- Written Authorization: Landlords must obtain written authorization from the applicant before conducting a criminal background check.
- Specific Information: Landlords can only ask about convictions for specific crimes related to housing, such as violent felonies, drug offenses, or sex crimes.
- Timeframe: Landlords can generally inquire about criminal convictions within the past seven years or within the time frame specified by the state’s Fair Chance Act.
Prohibited Inquiries:
- General Inquiries: Landlords cannot ask general questions about an applicant’s criminal history without their consent.
- Arrests and Charges: Landlords cannot inquire about arrests, charges, or convictions that did not result in a conviction.
- Sealed or Expunged Records: Landlords cannot ask about or consider sealed or expunged criminal records.
Use of Criminal History Information:
- Tenant Screening: Landlords can use criminal history information to screen tenants, but they cannot automatically deny an application based solely on a criminal record.
- Fair Chance Ordinance: Some cities and counties in California have Fair Chance Ordinances that restrict the use of criminal history information in housing decisions.
- Individualized Assessment: Landlords must conduct an individualized assessment of each applicant’s criminal history, considering factors such as the nature of the crime, the time since the conviction, and the applicant’s rehabilitation efforts.
Disclosure of Criminal History Information:
- Consent Required: Landlords cannot disclose an applicant’s criminal history information to third parties without their consent.
- Exceptions: There are limited exceptions to the consent requirement, such as when required by law or when the landlord has a legitimate business need to disclose the information.
To ensure compliance with California’s criminal history information laws, landlords should consult with legal counsel and follow best practices for tenant screening. Additionally, they should stay updated on any changes to the law, including local Fair Chance Ordinances, that may impact their ability to inquire about and use criminal history information.
California Criminal History Information Permissible Inquiries Prohibited Inquiries Written Authorization General Inquiries Specific Information Arrests and Charges Timeframe (7 years or as specified by Fair Chance Act) Sealed or Expunged Records What Landlords Can and Cannot Ask About Criminal History in California
Landlords in California are prohibited from discriminating against tenants based on certain protected classes, including criminal history. However, they are allowed to ask about criminal history in some circumstances.
Protected Classes
- Race
- Color
- Religion
- National origin
- Sex (including pregnancy, childbirth, and related medical conditions)
- Marital status
- Familial status (having children under 18)
- Disability (physical or mental)
- Medical condition (including HIV/AIDS)
- Age
- Source of income
- Genetic information
What Landlords Can Ask
- Landlords can ask about criminal convictions that are related to the rental property or the safety of other tenants.
- They can also ask about pending criminal charges that are related to the rental property or the safety of other tenants.
What Landlords Cannot Ask
- Landlords cannot ask about arrests that did not result in convictions.
- They cannot ask about juvenile adjudications.
- They cannot ask about expunged or sealed criminal records.
- They cannot ask about criminal convictions that are not related to the rental property or the safety of other tenants.
- They cannot ask about pending criminal charges that are not related to the rental property or the safety of other tenants.
Additional Information
Landlords who violate these rules may be subject to fines or other penalties. Tenants who believe they have been discriminated against based on their criminal history can file a complaint with the California Department of Fair Employment and Housing.
Well, there you have it! I hope you found this article informative and helpful. It can be a real headache trying to figure out what your rights are as a landlord or tenant, especially when it comes to criminal background checks. But now you know that in California, landlords can’t ask about criminal records on rental applications. Just remember that laws can change, so it’s always a good idea to check with your local housing authority or attorney if you have any questions. Thanks for reading, and be sure to visit again soon for more helpful articles on all things real estate.