Bill Text: CA AB396 | 2015-2016 | Regular Session | Amended
Bill Title: Rental housing discrimination: applications: criminal records.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB396 Detail]
Download: California-2015-AB396-Amended.html
BILL NUMBER: AB 396 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 22, 2015
AMENDED IN ASSEMBLY APRIL 30, 2015
AMENDED IN ASSEMBLY APRIL 21, 2015
INTRODUCED BY Assembly Member Jones-Sawyer
( Coauthor: Assembly Member
Chiu )
FEBRUARY 19, 2015
An act to amend Section 12955 of, and to add Section 12955.05 to,
the Government Code, relating to rental housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 396, as amended, Jones-Sawyer. Rental housing discrimination:
applications: criminal records.
Existing law generally prohibits housing discrimination with
respect to the personal characteristics of race, color, religion,
sex, gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, familial status, source of
income, disability, or genetic information.
This bill would make it unlawful for the owner of any rental
housing accommodation to deny the rental or lease of a housing
accommodation without first satisfying specified requirements
relating to the application process. The bill would prohibit the
owner of a rental housing accommodation from inquiring about, or
requiring an applicant for rental housing accommodation to disclose,
a criminal record during the initial application assessment phase, as
defined, unless otherwise required by state or federal law. The bill
would permit an owner of a rental housing accommodation,
accommodation to disclose the owner's criminal
background check policy on the rental housing accommodation
application, as specified, and after successful completion
of the initial application assessment phase, to request a
criminal background check and inquire about and consider
an applicant's criminal record in deciding whether to rent or lease.
The bill would require the owner of a rental housing
accommodation who is considering denying an application to rent or
lease after requesting a criminal background check or considering an
applicant's criminal record, and the possible denial is based on the
applicant's criminal record, to promptly provide the applicant with a
written statement listing the reasons for the possible denial before
making a final decision. If, within 14 days of receipt of the
written statement, the applicant provides the owner notice of
evidence demonstrating the inaccuracy of the item or items within the
applicant's criminal record or evidence of rehabilitation or other
mitigating factors, as defined, the bill would require the owner to
delay the denial for a reasonable period after receipt of the
information and reconsider his or her decision. The bill would
require, in these circumstances, that the owner provide written
notification to the applicant of his or her final decision to deny
the application. The bill would require that
disclosure and request to include a written disclosure that the
applicant may provide evidence demonstrating inaccuracies within the
applicant's criminal record or evidence of rehabilitation or other
mitigating factors, as defined. The bill would prohibit, in
connection with a rental application, the owner of the rental housing
accommodation from requiring disclosure of, or, if such information
is received, denying a dwelling based in whole or in part on
specified information or occurrence, including arrests that did not
result in conviction, with specified exceptions,
convictions that have been voided, and juvenile justice
determinations, among others. The bill would provide that an
owner is not liable to any person for accepting or denying a person
with a criminal record as a tenant if the owner followed the
above-described procedures in accepting that person as a tenant.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12955 of the Government Code is amended to
read:
12955. It shall be unlawful:
(a) For the owner of any housing accommodation to discriminate
against or harass any person because of the race, color, religion,
sex, gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, familial status, source of
income, disability, or genetic information of that person.
(b) For the owner of any housing accommodation to make or to cause
to be made any written or oral inquiry concerning the race, color,
religion, sex, gender, gender identity, gender expression, sexual
orientation, marital status, national origin, ancestry, familial
status, disability, or genetic information of any person seeking to
purchase, rent, or lease any housing accommodation.
(c) For any person to make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement,
with respect to the sale or rental of a housing accommodation that
indicates any preference, limitation, or discrimination based on
race, color, religion, sex, gender, gender identity, gender
expression, sexual orientation, marital status, national origin,
ancestry, familial status, source of income, disability, or genetic
information or an intention to make that preference, limitation, or
discrimination.
(d) For any person subject to the provisions of Section 51 of the
Civil Code, as that section applies to housing accommodations, to
discriminate against any person on the basis of sex, gender, gender
identity, gender expression, sexual orientation, color, race,
religion, ancestry, national origin, familial status, marital status,
disability, genetic information, source of income, or on any other
basis prohibited by that section. Selection preferences based on age,
imposed in connection with a federally approved housing program, do
not constitute age discrimination in housing.
(e) For any person, bank, mortgage company
company, or other financial institution that provides
financial assistance for the purchase, organization, or construction
of any housing accommodation to discriminate against any person or
group of persons because of the race, color, religion, sex, gender,
gender identity, gender expression, sexual orientation, marital
status, national origin, ancestry, familial status, source of income,
disability, or genetic information in the terms, conditions, or
privileges relating to the obtaining or use of that financial
assistance.
(f) For any owner of housing accommodations to harass, evict, or
otherwise discriminate against any person in the sale or rental of
housing accommodations when the owner's dominant purpose is
retaliation against a person who has opposed practices unlawful under
this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in
any proceeding under this part, or has aided or encouraged a person
to exercise or enjoy the rights secured by this part. Nothing herein
is intended to cause or permit the delay of an unlawful detainer
action.
(g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts or practices declared unlawful in this
section, or to attempt to do so.
(h) For any person, for profit, to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, religion, sex, gender, gender identity,
gender expression, sexual orientation, marital status, ancestry,
disability, genetic information, source of income, familial status,
or national origin.
(i) For any person or other organization or entity whose business
involves real estate-related transactions to discriminate against any
person in making available a transaction, or in the terms and
conditions of a transaction, because of race, color, religion, sex,
gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, source of income, familial
status, disability, or genetic information.
(j) To deny a person access to, or membership or participation in,
a multiple listing service, real estate brokerage organization, or
other service because of race, color, religion, sex, gender, gender
identity, gender expression, sexual orientation, marital status,
ancestry, disability, genetic information, familial status, source of
income, or national origin.
(k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, gender, gender
identity, gender expression, sexual orientation, familial status,
source of income, disability, genetic information, or national
origin.
(l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
gender, gender identity, gender expression, sexual orientation,
familial status, marital status, disability, genetic information,
national origin, source of income, or ancestry. Discrimination
includes, but is not limited to, restrictive covenants, zoning laws,
denials of use permits, and other actions authorized under the
Planning and Zoning Law (Title 7 (commencing with Section 65000)),
that make housing opportunities unavailable.
Discrimination under this subdivision also includes the existence
of a restrictive covenant, regardless of whether accompanied by a
statement that the restrictive covenant is repealed or void.
(m) As used in this section, "race, color, religion, sex, gender,
gender identity, gender expression, sexual orientation, marital
status, national origin, ancestry, familial status, source of income,
disability, or genetic information," includes a perception that the
person has any of those characteristics or that the person is
associated with a person who has, or is perceived to have, any of
those characteristics.
(n) To use a financial or income standard in the rental of housing
that fails to account for the aggregate income of persons residing
together or proposing to reside together on the same basis as the
aggregate income of married persons residing together or proposing to
reside together.
(o) In instances where there is a government rent subsidy, to use
a financial or income standard in assessing eligibility for the
rental of housing that is not based on the portion of the rent to be
paid by the tenant.
(p) For the owner of any rental housing accommodations to deny the
rental or lease of a housing accommodation without first satisfying
the requirements of Section 12955.05, unless otherwise required by
state or federal law.
(q) (1) For the purposes of this section, "source of income" means
lawful, verifiable income paid directly to a tenant or paid to a
representative of a tenant. For the purposes of this section, a
landlord is not considered a representative of a tenant.
(2) For the purposes of this section, it shall not constitute
discrimination based on source of income to make a written or oral
inquiry concerning the level or source of income.
SEC. 2. Section 12955.05 is added to the Government Code, to read:
12955.05. (a) For purposes of this section:
(1) "Criminal record" means criminal offender record
information, as defined in Section 13102 of the Penal Code or state
summary criminal history information as defined in Section 11105 of
the Penal Code.
(2) "Evidence of rehabilitation or other mitigating factors"
means, but is not limited to, the following:
(A) A person's satisfactory compliance with all terms and
conditions of parole or probation, provided that the person's
inability to pay fines, fees, and restitution due to indigence shall
not be considered noncompliance with terms and conditions of parole
or probation.
(B) Employer recommendations, particularly a person's
postconviction employment.
(C) Educational attainment or vocational or professional training
since conviction, including training received while incarcerated.
(D) Completion of or active participation in rehabilitative
treatment, including alcohol or drug treatment.
(E) Letters of recommendation from community organizations,
counselors, case managers, teachers, community leaders, parole
officers, and probation officers who have observed the person since
his or her conviction.
(F) A person's familial relationship with a person who may be
currently residing in the housing accommodation.
(G) The age of the person at the time of the conviction.
(H) Explanation of precedent coercive conditions, including
physical, emotional, or sexual abuse, untreated substance abuse, or
mental illness that contributed to the conviction.
(3) "Initial application assessment phase" means the period before
a decision is made to rent or lease, which shall include
the request for, and the provision of, an application to
includes the time during which a person seeking a rental
housing accommodation requests and is provided an application
and including the time during which the
assessment of rental history and credit history, the checking of
sources of income, and the scheduling an applicant interview
routinely. routinely occur.
(b) (1) It is an unlawful housing practice for the owner of a
rental housing accommodation to inquire about, or to require an
applicant for rental housing accommodation to disclose, a criminal
record during the initial application assessment phase, unless
otherwise required by state or federal law.
(2) The owner of a rental housing accommodation may disclose to
the applicant, on the rental housing accommodation application, the
policy and screening criteria that the owner uses in deciding whether
to rent or lease to an applicant with a criminal background. The
disclosure shall include a written disclosure that the applicant may
provide evidence demonstrating inaccuracies within the applicant's
criminal record or evidence of rehabilitation or other mitigating
factors, and contain written examples of evidence of rehabilitation
or other mitigating factors.
(2)
(3) Following the successful completion of the
initial application assessment phase, an owner of a rental
housing accommodation may request a criminal background check and
inquire about and consider an applicant's criminal record
in deciding whether to rent or lease. If the owner of a
rental housing accommodation is considering denying an application to
rent or lease after requesting a criminal background check or
considering an applicant's criminal record, and the possible denial
is based on the applicant's criminal record, he or she shall promptly
provide the applicant with a written statement listing the reasons
for the possible denial before making a final decision.
The request for a criminal background check shall include a
written disclosure that the applicant may provide evidence
demonstrating inaccuracies within the applicant's criminal
record or evidence of rehabilitation or other mitigating factors and
contain written examples of evidence of rehabilitation or other
mitigating factors.
(3) If, within 14 days of receipt of the written statement
described in paragraph (2), the applicant provides the owner of the
rental housing accommodation notice orally or in writing of evidence
demonstrating the inaccuracy of the item or items within the
applicant's criminal record or evidence of rehabilitation or other
mitigating factors, the owner of the housing accommodation shall
delay the denial for a reasonable period after receipt of the
information and reconsider his or her decision in light of the
information. If, upon individualized assessment of the applicant's
criminal record and the evidence of rehabilitation and mitigating
factors, the applicant still has an unacceptable criminal record,
then the owner of the housing accommodation shall notify the
applicant of his or her final decision to deny the application in
writing.
(c) With regard to an application for rental housing
accommodations, the owner of the housing accommodation shall not
require disclosure of, or, if such information is received, deny a
dwelling based in whole or in part on the following:
(1) A previous arrest that did not result in a
conviction. conviction, except for records of arrest,
indictment, information, or misdemeanor complaints
reported pending pronouncement of judgment on the particular subject
matter of those records.
(2) Participation in, or completion of, a diversion or a deferral
of judgment program.
(3) A conviction that has been judicially dismissed, expunged,
voided, invalidated, or otherwise rendered inoperative, including,
but not limited to, as is provided under Section 1203.4. 1203.4a, or
1203.41 of the Penal Code.
(4) A determination or adjudication in the juvenile justice system
or information regarding a matter considered in or processed through
the juvenile justice system.
(5) Information pertaining to an offense other than a felony or
misdemeanor.
(d) An owner of a rental housing accommodation shall not be liable
to any person for accepting or denying a person with a criminal
record as a tenant if the owner followed the procedures set forth in
this section in accepting that person as a tenant.
