Alameda County, Calif., Code of Ordinances Tit. 6, Ch. 6.25 (2022)

Not yet entered into the official Municode Library

UPDATE: After changes to the composition of the Alameda County Board of Supervisors, the ordinance, which had originally been approved along with other tenant protections, was rejected at its second reading.4 It is possible the board may review the proposal again, but no timeframe for this has been given.5

Summary of Noteworthy Provisions

Record request and screening not generally permitted: Housing providers may not inquire into or make adverse decisions based on criminal legal system involvement (“legal system involvement”) at any point in the process of tenant selection, and may not advertise about exclusions based on legal system involvement §6.25.030(A); §6.25.040(A).

Exceptions

• Alameda exempts owner-occupied homes with four families or fewer (§6.25.020 (definition of “Housing”)), and Berkeley and Oakland exempts owner-occupied homes with three or fewer (see below)
• Housing providers may automatically exclude upon giving notice – allowing withdrawal of applications if required by federal or state law (for those receiving funding from either or both registered people or people who produced meth in public housing) (“Common Exceptions”) §6.25.020(B), but the exclusions must be required §6.25.020(B)(2)
• Housing providers may check state sex crime registry. No background check until conditional rental agreement provided, then check state registry and may deny §6.25.030(C)
• Must provide reasonable time to rebut or mitigate before denial, and provide basis for denial and copy of background check used §6.25.020(D). This applies to the Common Exceptions §6.25.020(B), and it appears that this provision applies to the registered people exception. §6.25.030(C)

Lookback period

• None

Individualized Assessment

• N/A

Administrative and/or private right of action

• Both remedies are available §6.25.080, but note that the limitation of damages for private rights of action brought by aggrieved applicants is equal to three times one month’s rent §6.25.080(B)

Sales

• Does not cover sales of property §6.25.020 (“Housing” and “Housing Provider” Definitions)

*A recent 9th Circuit panel decision may call into question the Alameda, Berkeley, and Oakland Fair Chance laws. Please see the summary of the Seattle Fair Chance law.

Ann Arbor, Mich., Code of Ordinances Tit. IX, Ch. 122 §§9:600- 9:613 (2021)

Summary of noteworthy provisions

Record request and screening not generally permitted: Housing providers may not inquire into or make adverse decisions based on legal system involvement at any point in the process of tenant selection §9:603.

Exceptions

• Owner-occupied housing or lots involving up to three units, and roommates who want to screen tenant-roommates §9:602(10)(c)(e)
• If federal or state laws require consideration of certain legal system involvement, ban-the-box styled conditional offers and individualized reviews must be conducted, notices and reasons for denial given §9:605(1), §9:605(3)
• Public housing agencies are not covered §9:605(4), nor are supportive housing providers who must comply with the Housing First law and who are registered as a supportive housing provider in the county §9:605(5)(a)

Lookback Period

• None

Individualized Assessment

• N/A

Administrative or Private Right of Action

• Both. The law provides for an administrative complaint procedure and a private right of action. §9:608

Sales

• Does not cover sales of property §9:602 (“Housing” and “Housing Provider” definitions)

Berkeley, Calif., Municipal Code, Ch. 13.106 (2020)*

Alameda County, Berkeley, and Oakland all have the same core language for their Fair Chance ordinances, but there are key differences. Please see below for more detail.

Summary of noteworthy provisions

Record request and screening not generally permitted: Housing providers may not inquire into an applicant’s legal system involvement, nor make an adverse decision at any point in the process of tenant selection, and may not advertise about exclusions based on legal system involvement §13:106.040(A); §13:106.050(A)

Exceptions

• Berkeley exempts owner-occupied homes with three or fewer, as well as roommates who are screening tenants. §13.106.030(K.3) (duplexes or triplexes)
• Housing providers may automatically exclude upon giving notice – allowing withdrawal of applications if required by federal or state law (for those receiving funding from either or both based on the common exceptions), but the exclusions must be required. §13.106.040(B)
• Housing providers may check state sex crime registry but afford such people ban-the-box procedures – no background check until conditional rental agreement provided, then check state registry and may deny. §13.106.040(C)
• Must provide reasonable time to rebut or mitigate before denial, and provide basis for denial and copy of background check used §13.106.040(E). As with the Alameda law, this is explicitly required where the denial is to be based on the common exceptions §13.106.040(B), but it is not clear if required as to the state sex crime exclusion §13.106.040(C)

Lookback period

• None

Individualized assessment

• N/A

Administrative and/or private right of action

• Both. Limitation of damages for private rights of action brought by aggrieved applicants to only three times one month’s rent §13.106.100(C) However, unlike with the similar Alameda County law:
• Punitive damages possible if proven by clean and convincing evidence that violation has been committed with oppression, fraud or malice. §13.106.100(C)
• Where permitted by law, an award of actual damages may include an award for mental and/or emotional distress and/or suffering. Actual damages awarded to a prevailing plaintiff will be trebled by the court if a defendant is found to have acted in knowing violation of, or in reckless disregard of, the provisions of this ordinance. §13.106.100(D)

Sales

• Does not cover sales of property. §13.106.030(K) (definition of “Housing”)

*A recent 9th Circuit panel decision may call into question the Alameda, Berkeley, and Oakland true Fair Chance laws. Please see the summary of the Seattle Fair Chance.

City of Champaign, Code of Ordinances ch. 17, art. I, §§17.3 (11) - 17.4.5 and art. V §§17.71, 17.73, and 17.75 (2019)

Summary of noteworthy provisions

Record request and screening is permitted (for broad categories/most crimes, tiered lookback period)

• Prohibits discrimination based on legal system involvement and advertisements about exclusions based on legal system involvement, but with extensive carve-outs for a plethora of convictions §17-3, §17-4.5

Exceptions

• A forcible felony, including treason, first- and second-degree murder, predatory sexual assault of a child, aggravated sexual assault, criminal sexual assault, robbery, burglary, residential burglary, arson crimes, kidnapping crimes, and aggravated battery resulting in great bodily harm, permanent disability or disfigurement, etc. §17-4.5(a)
• A felony drug conviction for the sale, manufacture or distribution of illegal drugs §17-4.5(b)

• Convictions based on factors that would constitute one of the categories of convictions listed above under any state or federal law §17-4.5(c)

Lookback period

• Two consecutive years “residing outside of prison” without being convicted of the crimes listed above. §17-4.5(d)

Individualized assessment

• No individualized review required for people caught in the lookback period. Landlords are encouraged but not required to consider rehabilitative work, and the time and circumstances of the conviction §17-4.5

Administrative or private right of action

• Includes an administrative complaint procedure administered by the Human Rights Commission, which must be pursued within 180 days of discovery §17-101
• Parties may seek review of a decision by the commission in court §17-121

Sales

• Not clear. Appears to cover sales based on definition of “Real Estate Transaction” §17-71, and given that the exception regarding convictions only allows “landlords” to deny applications, not sellers. §17-4.5

Cook County, Ill., Code of Ordinances ch. 42, art. II, §42-38 (2019)

Summary of noteworthy provisions

Record request and screening is permitted (lookback period)

• Housing providers may not inquire into or make adverse decisions based on legal system involvement in the process of tenant selection, and may not advertise about exclusions based on legal system involvement, with certain exceptions (and during the lookback period). §42-38(b)

• Inquiry allowed after determination of qualification. No inquiries about or consideration of criminal history when considering applications until the individual has been determined qualified for admission to, or continuing occupancy of, residential real property §42-38(b)(8)

Exceptions

• Owner occupied and certain religious housing §42-38(c)(2)-(4)

• Persons subject to certain sex offender registration requirements or those with a current child sex offender residency restriction §42-38(c)(5)a
• Federal and state regulations that require denial based on covered criminal history §42-38(c)(6)

Lookback period

• Lookback: three years from time of conviction

• **Note that the lookback is not in the law, as amended, cited above. Rather, it is in the rules as put forth by the by the Cook County government on its page with FAQs, etc. (https://www.cookcountyil.gov/content/just-housing-amendment-human-rights-ordinance )

Individualized assessment

• An individualized assessment must be performed, and the landlord must show that the denial based on a criminal conviction is necessary to protect against a demonstrable risk to personal safety and/or property §42-38(c)(5)c
• Notice must be given prior to denial to allow the applicant “an opportunity to dispute the accuracy and relevance of the conviction(s)” §42-38(e)(1)
• Reasons for denial must be given §42-38(e)(2)b

Administrative and/or private right of action

• Both. Within 180 days after the date that a violation of this article is alleged to have been committed, a written complaint may be filed with the Cook County Commission on Human Rights §42-124(b), and there is a private right of action §42-38(d)

Sales

• Covered §42-38(a) (“real estate transaction” definition)

Detroit, Mich., 1984 Detroit City Code ch. 26, art. V, §§26-5-1-26-5-20 (2019)

Not yet entered into the official Municode Library

Summary of noteworthy provisions

Record request and screening is permitted

• The law makes it clear that it does not aim to constrain landlord discretion

• “… [T]his article shall not be construed to limit a housing provider’s ability to choose the most qualified and appropriate candidate from applicants for housing.” §26-5-2(a)

• No background check until applicant is determined to be otherwise qualified for the unit and receives a conditional lease §26-5-5(a)(1)
• Notice of possible adverse action and copy of background check used is required §26-5-7(c)

Exceptions

• Applies to rental units “contained within a building with two or more dwelling units that are not occupied by the owner.” §26-5-3 (rental property definition) (3)

• Housing providers may only take adverse action against an applicant based on a “directly related conviction” that has a “direct and specific negative bearing on the safety of persons or real property.” Definition of “directly related conviction” is very broad, complex and difficult to understand §26-5-3
• Includes a nonexclusive (and very broad) list of offenses that qualify as “directly related” convictions, such as any violent or drug-related felony, any felony committed in the past 10 years, or any imprisonment for a felony in the past five years §26-5-6(b)(4)

Lookback period (§26-5-6(b)(4))

• Felonies: 10 years from time committed
• Any imprisonment in the last five years
• Misdemeanors: five years from date of sentencing
• Note: No lookbacks for several crimes (i.e., could discriminate based on crime committed 100 years ago)

Individualized assessment

• Denials based on justice history require individualized assessment and written notice. §26-5-7(b)-(c)

• Applicants have time to present mitigating evidence of rehabilitation, etc. during the process (14 days to do so). Landlords must then reconsider denial for 5 days §26-5-7(d)

Administrative and/or private right of action

• Administrative. Administrative complaint procedure administered by the Detroit Department of Civil Rights, Inclusion and Opportunity §26-5-13

• No private right of action

Sales

• Does not apply to sales §26-5-1

Minneapolis, Minn., Minneapolis Code, Tit. 12, ch. 244, §244.2030 (2019)

Summary of noteworthy provisions

Record request and screening is permitted

• Applies to all rental housing, but not sales §244.2030
• Gives housing providers the option to screen applicants in two ways, both involving ban-the-box mechanisms §244.2030(c)

• “Inclusive Screening Criteria,” a ban the box that allows rejection based on legal system involvement during tiered lookback periods after an individualized assessment §244.2030(c), §244.2030(e)(1)

• Less inclusive screening criteria, a ban the box with no lookbacks (so screenings could be for crimes committed 100 years ago), but individualized review §244.2030(c), §244.2030(d), §244.2030(e)(2)

Exceptions

• With the inclusive screening criteria felony catchall (seven years lookback), the permissive still allows for denials based on the standard federal exceptions – drug-related offenses that require denial, or those on the sex-offender registry §244.2030(c)(1)(g)
• Because the less inclusive screening has no lookbacks and allows screenings for any crime (and possibly arrest, unclear), there is less of a need for exceptions, though an individualized assessment is procedurally required (though it does not appear to require consideration of rehabilitation info (unless applicants first submit such info with their applications)) §244.2030(c), §244.2030(d), §244.2030(e)(2)
• For both screening options, there is a catchall exception. Local, state or federal funding or loan requirements for tenant screening take precedence over the ordinance’s screening processes only in places where they are in conflict, likely only with the inclusive screening criteria. §244.2030(f)

Lookback period

• Within the inclusive screening criteria:

• Misdemeanors: three years from sentencing §244.2030(c)(1)(f)

• Felony offenses: seven years from sentencing (does not apply to drug-related offenses or those on the sex-offender registry) §244.2030(c)(1)(g)

• Certain felony offenses: 10 years from sentencing (including murder, manslaughter, kidnapping, arson and other charges) §244.2030(c)(1)(h)

Individualized assessment

• Less inclusive. Individualized assessment required, but requires basis of denial and consideration of rehabilitative info only if included in initial application §244.2030(d), §244.2030(e)(2)
• Inclusive screening criteria. Does not appear to require individualized assessment, but requires basis of denial and consideration of rehabilitative info if included in initial application §244.2030(e)(1)

Administrative and/or private right of action

• Includes an administrative complaint mechanism and a private right of action §244.2030(g)

Sales

• Not covered §244.2030(a)-(c)

HOUSE BILL NO. 4878 (Introduced Jun. 28, 2023)

Summary of noteworthy provisions

Conditional offer

• Before accepting an application fee, landlords must disclose whether the rental application screening process involves a review of the applicant’s criminal history. §9(3)(a) If landlords are going to conduct a background check requiring such notice, landlords must also notify the applicant if they may be required to provide documentary evidence of rehabilitation, inaccuracies in their record, or other mitigating factors. §9(3)(b)
• After receiving a rental application and rental fee, a landlord may screen the applicant to determine whether the applicant satisfies all the application criteria (e.g., income eligibility, rental history check, credit score check, pet restrictions qualification, etc.). §5(1) Application criteria do not include the evaluation or consideration of the applicant's criminal record. §5(1)

• Landlords cannot advertise that denials may be based in whole or in part on an applicant’s criminal record. §7(2)

• A conviction for arson or human trafficking. §9(4)(a)

• Felony convictions adjudicated within one year prior to the conditional offer. §9(4)(b)

• After the screening process, landlords must issue a conditional offer if the applicant satisfies all application criteria. §5(2)
• After issuing a conditional offer, landlords may only consider two types of criminal records:
  • A conviction for arson or human trafficking. §9(4)(a)
  • Felony convictions adjudicated within one year prior to the conditional offer. §9(4)(b)

Exceptions

• Prior to the conditional offer, a background check for criminal records is required to be disclosed under federal law. §9(2)(a)
• A background check for registered sex offenders may be conducted without a conditional offer being made §9(2)(b)

Appeal process

• If a landlord chooses to withdraw a conditional offer, they can do so based on an applicant’s criminal record (within the prescribed rules of §9(4) – only for arson, human trafficking or felonies within the last year) only for a “substantial, legitimate, and nondiscriminatory interest” §9(5).

• If landlords withdraw a conditional offer, they must, within 24 hours, inform the applicant of the withdrawal, the reasons for the withdrawal, and inform the applicant of their right to appeal. §9(5)(a)-(b)

• Applicants have 14 days to make an appeal in writing, where they can provide supportive information. §9(6)

• Landlords then must perform an individualized review process that considers a number of factors, including:

  • The severity of the offense. §9(6)(a)

  • The age of the applicant at the time of the offense. §9(6)(b)

  • Time elapsed since the offense. §9(6)(c)

  • The degree to which the offense, if it recurs, would impact the safety of tenants or property. §9(6)(e)

• If they take adverse action, landlords must refund the application fee, inform the applicant of the reason for the adverse action, and tell them how to file a complaint with the department of the attorney general. §11(1)
• Within 14 days after receiving written notice of an adverse action, applicants may request (in writing) a copy of all the documents that the landlord relied on to take the adverse action. A landlord who receives such a request must provide the information requested, free of charge, within 10 days from the date of the request. §11(2)

Enforcement

• If they comply with the act, landlords are immune from civil liability arising from any decision to (i) rent or lease to an individual with a criminal record §13(1)(a), and (ii) refrain from conducting a criminal background check at all §13(1)(a)
• The attorney general can conduct investigations arising from applicant complaints and subsequently request hearings in court. §15(4).

• The attorney general can impose civil penalties, including fines and payment of legal fees or damages, on landlords who are found to be noncompliant with the law. §17(2)

• The department will also create an easily accessible form informing applicants of their rights under the act. §23(1). This form must be attached to lease agreements, rental applications and in common areas. §23(3)(a)-(c)

46 N.J.S.A. §§46:8-52 to 46:8-64 (2022)

[From New Jersey State Attorney General Website]

Summary of noteworthy provisions

Record request and screening permitted

• Up front, housing providers may not conduct background checks except those for people on the sex registry or those convicted of meth production in federally assisted housing, prior to the receipt of a conditional offer §46:8-55a.
• Housing providers must provide notice of background checks and explain that the applicant may provide rehabilitative info, before accepting an application fee §46:8-55b.

Exceptions

• Does not apply to owner-occupied housing with four or fewer units §46:8-54 (“Rental dwelling unit” definition)
• After the conditional offer, the housing providers may consider a laundry list of crimes with certain crimes that have either no lookback period, a six-year lookback period, a four-year lookback, and a one-year lookback from when the sentence concluded §46:8-56b(1)-(4)

Lookback period

• First-degree offense: six years after sentencing, or if the conviction resulted in a prison sentence, after the sentence concluded §46:8-56b(2)
• Second- or third-degree offense: four years after sentencing, or if the conviction resulted in a prison sentence, after the sentence concluded §46:8-56b(3)
• Fourth-degree offense: one year after sentencing, or if the conviction resulted in a prison sentence, after the sentence concluded §46:8-56b(4)

Individualized assessment

• An individualized assessment is required, but 4 of 6 factors for consideration focus on facts and circumstances of the crime itself with the remaining two about factors that might help landlords understand who the person is today §46:8-56c(3)

• A housing provider may deny after making a conditional offer based on an applicant's criminal record only if the housing provider determines, by preponderance of the evidence, that the denial is necessary to fulfill a substantial, legitimate and nondiscriminatory interest §46:8-56c(1)

• If a housing provider denies after a conditional offer is made, the housing provider must specify the reasons for the denial and provide the applicant with the opportunity to appeal the denial by providing evidence demonstrating inaccuracies within the applicant's criminal record or evidence of rehabilitation or other mitigating factors. §46:8-56c(2)

Administrative and/or private right of action

• Does not permit a private right of action, all complaints must go through the New Jersey Division on Civil Rights in the Department of Law and Public Safety. §46:8-63

• Damages for violations are capped at $1,000 for one violation, $5,000 if a prior violation, and $10,000 if two or more violations §46:8-63c(1)-(3)

Sales

• Does not cover sales §46:8-54 (“Housing provider” definition)

Fair Chance for Housing Act, Int. 0632-2022-A

Citations below refer to subparagraphs of the bill or sections of the law once implemented

Summary of noteworthy provisions

Record request and screening permitted

• No background check in the case of a transaction involving the purchase of housing or shares in housing until the seller has accepted an offer and agreed in writing that the seller will not revoke the acceptance or change the conditions of the deal on the basis of the buyer’s criminal history, except as permitted by this paragraph §4A
• No background for rentals until applicant is determined to be otherwise qualified for the unit and receives a conditional lease, which may only be revoked based on a criminal background check conducted in accordance with an individualized review process (set forth in §5) §4A

Exceptions

• Applies to all housing types, except owner-occupied/family of owner-occupied with two or fewer units and owner-occupied room rentals. §§8(A)-(B)
• Inquiries into the national sex crimes registry list, (“Reviewable criminal history, (a)), but denials may be made only after individualized assessments are completed (per §5)
• Subject to the federal common exceptions, if such require denial, but where denial is not required such matters are subject to individualized reviews (per §5) §3(c)

Lookback period (§8-102a. Definitions)

• Misdemeanors: three years from time released from incarceration or from sentencing, if there was no incarceration (“Reviewable criminal history, (b))
• Felonies: five years from time released from incarceration or from sentencing, if there was no incarceration (“Reviewable criminal history, (c))

Individualized assessment

• Denials based on justice history require individualized assessment and written notice. §4(C), §5
  • To applicant: Notice of possible adverse action, copy of background check and other information used, then five business days for applicant to present corrective/mitigating information §5
  • Landlords must then conduct the individualized review considering all the info, and if denying provide the reason, materials used and a written statement of the reason for the denial, demonstrating: (i) how the individual’s reviewable criminal history is relevant to a legitimate business interest of the property owner, and (ii) how any information submitted in support of such individual’s tenancy was taken into account. §6(B)(ii)

Administrative and/or private right of action

• Written copy of the city’s fair chance housing notice must be provided to applicants and the notice “summarizing the rights in this paragraph [the individualized review process], which shall be created and made publicly available by the commission (on human rights).” §4(C)
• Allows for private right of action (not restricted or carved out)

Sales

• Covers sales §1(A)-(C)

City of Newark, N.J., Title XVIII Housing Code, ch. 18:8 (2015)

https://newark.legistar.com/LegislationDetail.aspx?ID=2246774&GUID=4520C077-5A1E-4EF8-BC34-2F01BA1A0C4B&FullText=1

Summary of noteworthy provisions

Record request and screening permitted

• Applies to all rented, leased and subleased housing, barring one exemption. §18:8(art. 1)(I)(a)-(c)
• Before screening, must let applicants know of screening and the right (within three days) to submit rehabilitative information §18:8(art. 1)(II)(b)(ii)

• Limits criminal history screening to:

• Any unsolicited voluntary information an applicant discloses, including legal system involvement, during the application process be it written in the application or verbal §18:8(art. 1)(II)(a)

• Indictable offense convictions §18:8(art. 1)(III)(a)(i)

• Specified minor offense convictions and municipal ordinance violations§18:8(art. 1)(III)(a)(ii)

• Pending criminal charges; §18:8(art. 1)(III)(a)(iii)

• Convictions for certain specified offenses (e.g., murder, arson, sex offenses), regardless of when they occurred. §18:8(art. 1)(III)(c)

Exceptions

• Except owner-occupied dwellings with two or fewer units. §§18:8(art. 1)(I)(a)(i), 18:8(art. 1)(I)(a)(ii)
• Federal or state law that permits or requires consideration of legal system involvement §18:8(art. 1)(VIII)

Lookback period

• Eight-year period for indictable offense convictions following release from post-conviction custody or from the date of sentencing (if no incarceration); §18:8(art. 1)(III)(a)(i)
• Five-year period for specified minor offense convictions or municipal ordinance violation following release from post-conviction custody or from the date of sentencing (if no incarceration); §18:8(art. 1)(III)(a)(ii)

Individualized assessment

• Landlords must consider rehabilitative info, time since the crime, and nature and circumstances of the crime §§18:8(art. 1)(IV)(a)(i), 18:8(art. 1)(IV)(a)(ii), 18:8(art. 1)(IV)(a)(iii)
• Denials based on criminal history require an individualized assessment and a notice of adverse action and copy of the background check used (within 10 days) §18:8(art. 1)(V)(a)(i)

Administrative and/or private right of action

• Administrative only with first violations being subject to a fine of up to $500.00 and each subsequent violation being subject to a fine of up to $1,000.00. §18:8(art. 1)(IX)(a)-(b)

Sales

• Does not cover sales. §18:8(art. 1)(I)(a)-(c)

Oakland, Calif., Municipal Code Ch. 8.25 (2020)

Summary of certain noteworthy provisions

Record request and screening permitted

• Housing providers may not inquire into or make adverse decisions based on legal system involvement at any point in the process of tenant selection, and may not advertise about exclusions based on legal system involvement §8.25.030(A), §8.25.040

Exceptions

• Oakland exempts owner-occupied homes with three or fewer units. §8.25.030(K)(2)
• Housing providers may automatically exclude upon giving notice – allowing withdrawal of applications if required by federal or state law (for those receiving funding from either or both, for the common exceptions, but the exclusions must be required). §8.25.030(B)

• Housing providers may check state sex crime registry but no background check until conditional rental agreement provided, then check state registry and may deny. §8.25.030(C)
• Housing providers must provide reasonable time to rebut or mitigate before denial, basis for denial and copy of background check used. §8.25.030(D). It is unclear, but appears to be required for both the common exceptions and the state sex crime exclusions. §8.25.030(B), §8.25.030(C)

Lookback period

• None

Individualized assessment

• N/A

Administrative and/or private right of action

• Damages for private rights of action brought by aggrieved applicants will be limited to three (3) times the greater of either: a) actual damages, including damages for mental or emotional distress or b) one (1) month's rent that the housing provider charges for the rental unit in question, or c) the HUD Small Area Fair Market Rent of such rental unit. §8.25.060(H)

• Distinct from both Alameda County and Berkeley, the court may award punitive damages in a proper case as set out in the civil code pursuant to the standards set forth in that code, but may not award both punitive damages and treble damages §8.25.060(H)(2)

Sales

• Does not cover sales of property §8.25.020(K) (definition of “Housing”)

*A recent 9th Circuit panel decision may call into question the Alameda, Berkeley, and Oakland Fair Chance laws. Please see the summary of the Seattle Fair Chance below.

Portland, Ore., City Code tit. 30, 30.01.86 (2020)

Summary of certain noteworthy provisions

Record request and screening permitted

• Requires housing providers to either use specified “Low-Barrier Screening Criteria” (or less prohibitive criteria) that restrict screening for certain specified types of criminal history (including felonies with sentencing in past seven years or misdemeanors with sentencing in the past three years) or use their own more prohibitive screening criteria but conduct an individualized assessment and provide a written denial notice. §§30.01.086(D), 30.01.086(E)(1), 30.01.086(F)

Exceptions

Applies to all housing except certain specified affordable housing, units shared with owner, duplexes where owner occupies one unit and accessory dwelling units where owner lives on the same parcel. §30.01.086(G)(1)

Lookback period

• “Low-Barrier Screening Criteria” 30.01.086(E)(1)(a)(6)-(7)

• Seven-year period for felonies

• Three-year period for misdemeanors with sentencing

Individualized assessment

• When denying an applicant using the Low-Barrier Criteria, a landlord must provide to the applicant a written statement of reasons for denial §30.01.086(E)(2)(a)
• Before denying an applicant for criminal history using the Low-Barrier Criteria described in this subsection, a landlord must consider supplemental evidence provided by the applicant if provided at the time of application submittal. §30.01.086(E)(2)(a)
• When denying based on the landlord’s own criteria, individualized review is required, along with consideration of supplemental info provided at the time of the application 30.01.086(F)
• There are no robust procedures for review of rehabilitative achievements

Administrative and/or private right of action

• Both. Includes a private right of action, and damages appear to be limited to $250 per violation “plus actual damages, reasonable attorney fees, etc.” §30.01.086(H)

Sales

• Does not cover sales

Richmond, Calif., Richmond Municipal Code art. VII, ch. 7.110 (2016)

Summary of noteworthy provisions

Record request and screening permitted

• Applies to affordable housing providers (including private landlords renting to Section 8 voucher-holders) §7.110.040(b), §7.110.050(a)
• Prohibits housing providers from screening (considering in an individualized assessment) for any criminal history except “directly related” convictions no more than two years old (from the date of sentencing), or as required in certain federally assisted programs. §§7.110.050(a)(5), 7.110.050(e),
• No criminal history screening until the applicant is determined to be otherwise qualified for the unit and is offered a conditional lease. §7.110.050(c)

Exceptions

• Legal system involvement that warrants denial §7.110.050(e)

Lookback period

• Two-year look back period §7.110.050(a)(5)

Individualized assessment

• Denials based on criminal history require an individualized assessment and a written notice. §§7.110.050(e), §7.110.050(f)

Administrative and/or private right of action

• Includes an administrative appeal process. If an applicant files an administrative appeal within 14 days of a denial, the owner must hold the unit open until the appeal process is completed. §§7.110.050(f)(2), 7.110.050(f)(4)

• Includes a private right of action, but only at the conclusion of the administrative appeal process. §7.110.070(i) 

Sales

• Does not cover sales.

San Francisco, Calif., Police Code art. 49, Ordinance No. 17-14 (2014)

Summary of noteworthy provisions

Record request and screening permitted

• Applies to “affordable housing only,” i.e., all housing funded in whole or in part by the city and below-market-rate units. §4906(a)

• Further narrowing what is covered by the law, housing projects that are financed using city-issued tax-exempt bonds but that receive no other funding from the city or are not otherwise restricted by the city do not constitute affordable housing. §4903 (“Affordable Housing” definition)

• No criminal history screening until the applicant is determined to be otherwise qualified for the unit. §§4906(c)(1), 4906(c)(2)

• Denials may only be made based on crimes that are “directly related convictions,” i.e., anything that has a “negative/direct bearing on people or property,” including unresolved arrests. §§§4903 (“Directly Related Convictions” definition), 4906(f)

Exceptions

• Allows screening if required by local, state or federal law

Lookback period

• Seven years from date of sentencing §4906(a)(5)

Individualized assessment

• Denials based on criminal history require written notices and an individualized assessment, with notice and 14 days for consideration (if applicant provides mitigating information), a copy of background check and reason for denial. §§4906(f), 4906(i)

Administrative and/or private right of action

• Includes an administrative complaint procedure administered by the city’s Human Rights Commission. §4911(a)(1)
• Private right of action only after a person alleging a violation has exhausted administrative remedies, in effect a three-month period of alerting the Commission and not receiving a response. §4911(b)

Sales

• Does not cover sales, §§4906 (affordable housing applications do not involve sales)

Chapter 14.09 - USE OF SCREENING RECORDS IN HOUSING | Municipal Code | Seattle, WA | Municode Library

Note: In combination with the First-In-Time Rule, requires the first person that applies, and who meets the minimum criteria for tenant selection used by the Landlord for all, be selected as the tenant, without consideration of most criminal legal system involvement, other than the exceptions set forth above.

Summary of noteworthy provisions

Record request and screening permitted

• Prohibits consideration of, or adverse decision based on, arrest records, criminal history or conviction records when deciding whether to rent to a prospective tenant at any point in the process, except if required by federal law, and disallows related advertisements. §14.09.025 

Exceptions

• Applies to all housing types except single-family, owner-occupied and in-law units where the owner lives on the same premises or on the same lot. §§14.09.115(C), 14.09.115(D)
• Subject to the federal common exceptions, if such require denial §§14.09.025(A)(2)-(3),14.09.(B), 14.09.115(D)

Lookback period

• N/A

Individualized assessment

• Requires a written notice and an individualized assessment before any denial based on sex offender status. §§14.09.025(A)(2), 14.09.025(A)(3), 14.09.025(B)

Administrative and/or private right of action

• Includes an administrative complaint procedure administered by the Seattle Office for Civil Rights (SOCR); no private right of action §§14.09.045

Sales

• Does not cover sales §§14.09.010, 14.09.025(

Legal challenge

• The recent 9th Circuit Decision, which was not made en banc, i.e. not by the full court, indicated that the Seattle Chance Law may not be lawful under the Constitution as drafted, but did not make clear what changes could be made to make it lawful, other than indicating that ban-the-box modeled laws (whereby landlords review background records, there are lookbacks, etc.) may be OK because they are less restrictive on landlords than Seattle’s true Fair Chance for Housing law. As of April 3, 2023, it is unclear if there will be an appeal or if Seattle will revise the existing law.  

Urbana, Ill., Urbana Code of Ordinances, ch. 12, art. III, §§12-37, 12-39, 12-64. 2021.

Summary of noteworthy provisions

Record request and whether or not screening is permitted is unclear

• Amended existing anti-discrimination statute to prohibit discrimination based on criminal history, including sales and rentals. §12-64(a)(1)-(11)

• Definition of discrimination: Any practice or act which is unlawfully based wholly or partially on the race, color, creed, class, national origin, religion, sex, age, marital status, physical or mental disability, personal appearance, sexual preference, family responsibilities, matriculation, political affiliation, prior arrest or conviction record or source of income of any individual, or any subclass of the above groups. §12-39 (“Discrimination” definition)

Exceptions

• Applies to all housing except owner-occupied where the owner anticipates sharing living space with prospective tenants. §12-64(d)(2)
• Preferences for elderly or disabled tenants. §12-64(d)(4)

• “Nothing in this article is intended to prohibit any person from giving preference in renting or leasing housing, or any part thereof, to elderly and/or disabled persons … ” §12-64(d)(4)

Lookback period

• None

Individualized assessment

• N/A

Administrative and/or private right of action

• Includes an administrative complaint procedure administered by the Human Rights Commission. Parties may seek review of a decision by the Commission in court. §§12-102, 12-103

Sales

• Does include sales. §12-64(a)(1)-(11)

Washington D.C., D.C. Law 21-259 (2016)

Summary of noteworthy provisions

Record request and screening is permitted

• No criminal history screening may be conducted until an applicant is determined to be otherwise qualified for the unit and receives a conditional offer. §§3(b)(1)

Exceptions

• Applies to all housing types except owner-occupied properties with three or fewer units §4(1)
• If required or permitted by federal/District law §§4(2)-(3)

Lookback period

• Seven-year lookback from conviction or pending charges (a list of 48 types of crimes) §§3(d)(1)-(48)

Individualized assessment

• Landlords are to conduct individualized reviews (focused mostly on the crime), and notify applicants of reason for denial and provide a copy of the background check, etc. §§3(b)(2), 3(d), 3(e)(1)-(2), 3(f)(1)-(2)

Administrative and/or private right of action

• Includes an administrative complaint procedure administered by the Office of Human Rights §5(a)
• No private right of action §5(b)

Sales

• Does not include sales §(2) (definitions focused on rental units only)