SACRAMENTO REPORT B y R on K ingston
Applicants with a Criminal Record: The Next Protected Class?
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ssembly Bill 1241 was authored by Assemblymember JonesSawyer. Member Jones-Sawyer represents Assembly District 59, which generally covers parts of downtown Los Angeles. Assembly Bill 1241 (“Bill”) was set to be heard in the Housing and Community Development Committee on January 12, 2022, and in the Judiciary Committee the following day. Clearly, by the time this article is published, the dates will have passed and the decision of the author to NOT to proceed with the bill. However, the issue is very much still alive. As such, it will be imperative for rental property owners and managers to keep a close eye on its progression and a strong possibility of another bill in this area of law and/or regulatory activity. The bill’s intent is to amend several sections of the Government Code to provide the formerly incarcerated an opportunity to receive thorough and fair vetting when seeking rental housing. As a rental housing property owner or manager, the language in this bill is important because the author alleges it offers a fair chance to former wards of the state to find rental housing; it also claims that the bill is not intended to compel, or otherwise require, a rental property owner to provide rental housing to any individual. Proposed Government Code Section 12955.05 says that a rental housing property owner shall not require any applicant for rental housing to inquire about or disclose a criminal record
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Apartment News
during the initial application phase; only after successful completion of the initial application assessment may an applicant be requested to complete a criminal background check. And that proposed code section 12955.05 defines a “criminal record” as criminal offender record information as defined by Penal Code section 13102. Section 12955.05 defines “initial application phase”
criminal background check, or evidence of rehabilitation or other mitigating factors, which may include any of the following:
the period before a decision is made to rent or lease a rental housing accommodation, which includes the time during which a person seeking a rental housing accommodation requests, and is provided with, an application and the time during which the assessment of rental history and credit history, the checking of sources of income, and the scheduling of an applicant interview routinely occur.
• Educational attainment or vocational or professional training since conviction, including training received while incarcerated;
If a rental housing property owner considers the denial of an application based on the criminal background check, then the rental housing property owner must provide the applicant with a written statement listing the reasons for the possible denial before making a final decision, within five (5) days of receiving the criminal background check. The applicant is then required to provide notice, either orally or in writing — if requested by the rental housing property owner, of evidence demonstrating an inaccuracy of items within the
www.aaoc.com
February 2022
• Satisfactory compliance with all terms and conditions of parole or probation; • Employer recommendations related to a person’s postconviction employment;
• Completion of or active participation in rehabilitative treatment, including alcohol or drug treatment; • Letters of recommendation from community organizations, counselors, case managers, teachers, community leaders, parole officers, and probation officers who have observed the person since the person’s conviction; • A person’s familial relationship with a person who may be currently residing in the residential rental housing unit; • The age of the person at the time of the conviction; • Explanation of precedent coercive conditions, including physical, emotional, or sexual abuse,
