Rental housing unlawful housing practices: applications: criminal history information.
The bill's enforcement mechanisms extend existing protections related to unlawful housing practices. Owners who decide to deny applications based on criminal history must provide written notifications detailing the reasons for the denial and allow applicants the opportunity to present evidence demonstrating inaccuracies in their criminal history information or any mitigative factors, such as evidence of rehabilitation. This requirement aims to ensure transparency and fairness in the housing application process.
Assembly Bill 2383, introduced by Assembly Member Jones-Sawyer, aims to amend existing provisions of the California Fair Employment and Housing Act to prohibit housing discrimination based on criminal history during the initial rental application assessment phase. The bill defines the 'initial application assessment phase' and stipulates that landlords cannot inquire about, seek, or use an applicant's criminal history until after this phase is successfully completed. This approach is intended to provide formerly incarcerated individuals a fairer opportunity to access housing without the stigma of their past criminal records affecting their rental applications.
The sentiment surrounding AB 2383 appears to be supportive among advocates for criminal justice reform and tenant rights, who view it as a necessary step toward reducing barriers for those with criminal histories seeking housing. However, concerns remain among property owners and some lawmakers, who fear that it may limit their ability to assess potential risks associated with renting to individuals with a criminal background. This dichotomy highlights an ongoing debate between the rights of tenants versus the rights of landlords within the housing market.
Notable points of contention include the potential implications for property owners, who may feel constrained by regulations that limit their discretion in tenant screenings. Critics of the bill argue it could lead to risks in tenant selection, while proponents assert it promotes social justice by allowing individuals with past offenses a chance to reintegrate into society without unfair discrimination. There are also exemptions specified in the bill for certain rental situations, which could complicate its application in practice.