| 1 | 1 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 460Introduced by Senator Wahab(Coauthors: Senators Bradford and Skinner)February 13, 2023 An act to add Section 1940.37 to the Civil Code, relating to civil law. LEGISLATIVE COUNSEL'S DIGESTSB 460, as introduced, Wahab. Hiring of real property: criminal history.Existing law makes it unlawful 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, veteran or military status, or genetic information of that person or for any person to make any notice, statement, or advertisement, with respect to the rental of a housing accommodation that indicates any preference, limitation, or discrimination or an intention to make a preference, limitation, or discrimination, based on any of those factors.Existing law prohibits a landlord from making any inquiry regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property or requiring that any tenant, prospective tenant, occupant, or prospective occupant of the rental property disclose or make any statement, representation, or certification concerning their immigration or citizenship status.This bill would prohibit a housing provider, as defined, from inquiring about an applicants criminal history, requiring an applicant to disclose their criminal history, or requiring an applicant to authorize the release of their criminal history, unless they are complying with federal law, as specified. The bill would also prohibit a housing provider from basing any adverse action, in whole or in part, on information contained in an applicants criminal history, if the housing provider received criminal history information about an applicant, unless they are complying with federal law.This bill would require California Housing Finance Agency to make available to housing providers a notice that informs applicants for housing of their rights pursuant to these provisions containing a description of the prohibitions and information about community and public resources available to assist an applicant in connection with a violation. The bill would give an applicant who suffers harm as a result of a violation of these provisions a private right of action for injunctive relief, and actual damages or statutory damages up to 3 times the amount of one months rent that the housing provider charged for the unit in question at the time of the violation. The bill would authorize a court to award punitive damages if it is proven by clear and convincing evidence that a violation of this section was committed with oppression, fraud, or malice.This bill would require affordable housing providers to annually submit a certificate of compliance with the requirements of this section to the Civil Rights Department in a format determined by the department. By expanding the definition of a crime, the bill would impose a state-mandated local program. The bill would require the department to adopt or revise regulations to establish the format of the certification and the requirements and standards for determining compliance with this section. The bill would authorize the department to impose a civil penalty for failure to comply with this provision that does not exceed the reasonable enforcement costs of the department.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Fair Chance Access to Housing Act.SEC. 2. The Legislature finds and declares all of the following:(a) Mass incarceration is a national and state crisis, and restoring the rights of people affected by mass incarceration is a national and state priority.(b) The United States Department of Justice has estimated that one in every three adults in the United States has either an arrest or conviction record.(c) Studies have found that private criminal databases pull source information from inadequate records and lack accountability procedures to ensure that the database records provided to housing providers are accurate. Housing providers conducting criminal background checks rely on this inaccurate information to evaluate housing applicants.(d) Formerly incarcerated persons face barriers to access to both private rental and publically subsidized housing.(e) Homelessness is a critical issue in California and formerly incarcerated people are disproportionately affected by homelessness, which can prevent a formerly incarcerated person from getting a job, visiting with their children, and fulfilling other needs that are fundamental to reintegrating with the community after incarceration.(f) The unmet housing needs of formerly incarcerated people in California are an acute challenge to the dignity, public health and safety, and equal opportunities of this population and the broader community.(g) Research has found that access to housing reduces recidivism, and that lack of housing can be a significant barrier to reintegration after incarceration.(h) Reliance on criminal history to select tenants impedes formerly incarcerated persons from gaining access to housing in California, to the detriment of the health, welfare, and public safety of all of Californias residents.(i) Residents of California have acknowledged the detrimental nature of reliance on criminal history to select tenants by enacting local ordinances banning the use of criminal history when selecting tenants, including the Cities of Berkeley and Oakland.SEC. 3. Section 1940.37 is added to the Civil Code, to read:1940.37. (a) Except as provided in this section, a housing provider shall not, directly or indirectly, do any of the following unless they are complying with federal law:(1) Inquire about an applicants criminal history.(2) Require an applicant to disclose their criminal history.(3) Require an applicant to authorize the release of their criminal history.(b) A housing provider shall not base any adverse action, in whole or in part, on information contained in an applicants criminal history, if the housing provider received criminal history information about the applicant, unless they are complying with federal law. (c) (1) It is not a violation of this section for a housing provider to comply with federal laws that require the housing provider to automatically exclude tenants based on certain types of criminal history, including, but not limited to federal law mandating ineligibility of dangerous sex offenders for admission to public housing (42 U.S.C. Section 13663(a)) and ineligibility of individuals convicted for manufacturing methamphetamine on the premises of a federally assisted housing unit for admission to public housing and housing choice voucher programs (24 C.F.R. 982.553). However, when complying with those limited federally required exclusions, the housing provider shall not inquire about, require disclosure of, or, if the information is received, review an applicants criminal history until the housing provider informs the applicant in advance that a criminal history check will be conducted and obtains written consent from the applicant to conduct a criminal history check.(2) If an adverse action is based upon the applicants criminal history, the housing provider shall provide a written notice to the applicant that includes the reasons, a list of local legal service providers, and a copy of any background check report. The housing provider shall not require reimbursement or payment from the applicant for the cost of providing the information. The housing provider shall give the applicant an opportunity to respond with rebutting or mitigating information before denying the applicants housing application. (3) A housing provider shall maintain a record of any criminal history obtained pursuant to this subdivision regarding an applicant for housing for a period of at least three years. To the maximum extent permitted by law, any information obtained regarding an applicants criminal history shall remain confidential.(d) (1) In compliance with state law, a housing provider may search for an applicant using the database maintained by the California Department of Justice, pursuant to subdivision (a) of Section 290.4 of the Penal Code, if the housing provider has stated in writing in the rental application that they will do so. A housing provider shall not require disclosure of information contained in the registry unless the housing provider has determined that the applicant is qualified to rent the unit, provided a conditional rental agreement to the applicant, and obtained written consent of the applicant to search for the applicant in the registry.(2) If an adverse action is based on the applicants criminal history contained in the registry, the housing provider shall provide a written notice that includes the reasons, a list of local legal service providers, and a copy of any background check report generated in connection with searching the database. The housing provider shall not require reimbursement or payment from the applicant for the cost of providing the information. The housing provider shall give the applicant an opportunity to respond with rebutting or mitigating information before the denial of the applicants housing application.(3) A housing provider shall maintain a record of any criminal history obtained pursuant to this subdivision regarding an applicant for housing for a period of at least three years. To the maximum extent permitted by law, any information obtained regarding an applicants criminal history shall remain confidential.(e) A housing provider shall not produce or disseminate any advertisement related to housing that expresses, directly or indirectly, that any person with criminal history will not be considered for the rental or lease of the real property or cannot apply for the rental or lease of real property, unless the housing provider is complying with federal law.(f) The California Housing Finance Agency shall make available to housing providers, in English, Spanish, Mandarin, and all languages spoken by more than 5 percent of the states population, a notice that informs applicants for housing of their rights pursuant to this section. The notice shall contain a description of the prohibitions contained in this section and information about community and public resources available to assist an applicant in connection with a violation of this section. (g) A housing provider shall prominently display the notice described in subdivision (f) in their application materials, on their internet website, and at any rental or leasing office. (h) (1) An applicant for housing who suffers harm as a result of a violation of this section shall have a private right of action for injunctive relief, and actual damages or statutory damages up to three times the amount of one months rent that the housing provider charged for the unit in question at the time of the violation. In addition to actual or statutory damages, a court may award punitive damages if it is proven by clear and convincing evidence that a violation of this section was committed with oppression, fraud, or malice.(2) In an action brought pursuant to this section, the court may award reasonable attorneys fees and costs to the prevailing aggrieved applicant, or to the prevailing housing provider if the lawsuit was deemed by the court to have been frivolous or without merit.(3) The right to file an action pursuant to this section does not require an aggrieved applicant for housing to have filed a prior complaint with any state agency.(4) An aggrieved applicant may designate a close family member, as defined in subdivision (m), as their agent for the purpose of initiating a private right of action in accordance with this section.(i) (1) Affordable housing providers, as defined in subdivision (m), shall annually submit a certificate of compliance with the requirements of this section to the Civil Rights Department in a format determined by the department. The department shall adopt or revise regulations to establish all of the following:(A) The format of the certification.(B) The requirements and standards for determining compliance with this section.(C) A process for receiving and storing records of certification. (2) The Civil Rights Department may impose a civil penalty for failure to comply with this subdivision that does not exceed the reasonable costs of the department to enforce this subdivision.(j) It is a violation of this section to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected in this section, or to take any adverse action against any person because the person exercised, or attempted in good faith to exercise, any right provided herein.(k) Nothing in this section shall prohibit a housing provider from complying with a request by a state agency, or a city, county, or city and county, or an agency thereof, to provide records for purposes of enforcing the requirements of this section.(l) A city, county, or city and county may enact and enforce ordinances that provide greater protections, additional rights, or increased remedies for people with criminal records, or their family members, to access residential tenancies of real property, which shall not be preempted by this section.(m) As used in this section, the following terms have the following meanings:(1) Adverse action means to take any of the following actions based on a persons criminal or conviction history:(A) Failing or refusing to rent or lease housing to an individual.(B) Failing or refusing to continue to rent or lease housing to an individual, including failing or refusing to replace an existing tenant, add a new tenant, or sublet to a subtenant.(C) Reducing a rental subsidy amount or term for any individuals housing.(D) Treating an applicant or tenant differently from other applicants or tenants including, but not limited to, requiring a higher security deposit or higher rent.(E) Treating the person as ineligible for a tenant-based rental assistance program, including, but not limited to, a Section 8 Housing Choice Voucher.(F) Failing or refusing to permit a tenants close family member to occupy a rental unit while the occupying tenant remains in occupancy. (2) Affordable housing means either of the following:(A) Housing that has received or is receiving local, state, or federal funding, tax credits, or other subsidies connected in whole or in part to developing, rehabilitating, restricting rents, subsidizing ownership, or otherwise providing rental housing for extremely low-income, very low income, low income, and moderate- income households, with the exception of housing for which the only public funding received is in the form of a local, state or federal tenant-based voucher, such as through the Section 8 Housing Choice Voucher Program 5 (42 U.S.C. Section 1437f).(B) Housing that is subject to affordability and related requirements pursuant to a state or local below market-rate rental housing program, including, but not limited to, the density bonus law (Section 65915 of the Government Code). (3) Affordable housing provider means any housing provider that owns, master leases, manages, or develops affordable housing, or their agent, such as a property management company, that makes tenancy decisions, and any governmental agency, that makes eligibility decisions for tenant- based rental assistance programs, including, but not limited to, the Section 8 Housing Choice Voucher Program (42 U.S.C. Section 1437f). (4) Aggrieved person means an applicant who believes they were subject to an adverse action; or a tenant who believes they or their close family member was subject to an adverse action based upon the application of an applicant to reside in the family members rental unit; or a tenant who believes that they were subject to an adverse action based upon the failure or refusal to permit a person to reside in the tenants rental unit to replace an existing tenant, add a new tenant, or to sublet to a subtenant. (5) Applicant means a person who does any of the following:(A) Seeks information about, visits, or applies to rent or lease housing.(B) Applies for a tenant-based rental assistance program, including but not limited to the Section 8 Housing Choice Voucher Program (42 U.S.C. Section 1437f).(C) Seeks to be added as a household member to an existing lease for housing.(D) Currently rents or leases housing, with respect to any criminal history that occurred before the start of the persons tenancy. (6) Arrest means a record from any jurisdiction that does not result in a conviction and includes information indicating that a person has been questioned, apprehended, taken into custody or detained, or held for investigation by a law enforcement, police, or prosecutorial agency or charged with, indicted, or tried and acquitted for any felony, misdemeanor, or other criminal offense. (7) Background check report means any report about an applicants criminal history, including, but not limited to, reports produced by the California Department of Justice, the Federal Bureau of Investigation, other law enforcement agencies, courts, or any consumer reporting or tenant screening agency. (8) Close family member means a relative or an extended family member such as a spouse or registered domestic partner, even if the marriage or partnership was terminated by death or dissolution, child, sibling, parent, grandparent, grandchild, aunt, uncle, nephew, niece, grandparent, great- grandparent, great-aunt or great-uncle (grandparents sibling), first cousin, great-grandparents sibling, first cousin once removed (parents first cousin), stepparent or step-sibling, and a nonrelative extended family member such as a close familylike friend, clergy member, foster parent, or neighbor.(9) Conviction means a record from any jurisdiction that includes information indicating that a person has been convicted of a felony, misdemeanor, or other criminal offense and for which the person was placed on probation, fined, imprisoned or paroled. (10) Criminal history means information transmitted orally, or in writing, or by any other means, and obtained from any source, including, but not limited to, the person to whom the information pertains, a governmental agency, or a background check report, regarding one or more convictions or arrests, a conviction that has been sealed, dismissed, vacated, expunged, voided, invalidated, or otherwise rendered inoperative by judicial action or by statute, a determination or adjudication in the juvenile justice system, a matter considered in or processed through the juvenile justice system, or participation in or completion of a diversion or a deferral of judgment program. (11) Housing means any residential rental housing, building, or unit in the State of California, excluding all of the following:(A) Single-family dwellings where one or more owners occupy the dwelling as their principal residence.(B) Single-family dwellings with accessory dwelling units, where either the main or an accessory dwelling unit is occupied by one or more owners as their principal residence.(C) Duplexes or triplexes where one of the units is occupied by one or more owners as their principal residence.(D) Units rented where a landlord or lessor seeks in good faith to recover possession of the rental unit for their occupancy as a principal residence, where the landlord or lessor has previously occupied the rental unit as their principal residence and has the right to recover possession of the unit for their occupancy as a principal residence under an existing rental agreement with the current tenants.(E) Tenant-occupied units where an occupying tenant seeks to replace an existing cotenant, add an additional cotenant, or sublet the unit, provided that the occupying tenant remains in occupancy.(12) Housing provider means any person that owns, master leases, manages, or develops housing in the State of California. For the purpose of this definition, person includes one or more individuals, partnerships, organizations, trade or professional associations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and any political or civil subdivision or agency or instrumentality of the government. In addition, any agent, such as a property management company, that makes tenancy decisions on behalf of the above-described persons, and any governmental agency that makes eligibility decisions for tenant-based rental assistance programs, including, but not limited to, the Section 8 Housing Choice Voucher Program (42 U.S.C. Section 1437f), is a housing provider. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 460Introduced by Senator Wahab(Coauthors: Senators Bradford and Skinner)February 13, 2023 An act to add Section 1940.37 to the Civil Code, relating to civil law. LEGISLATIVE COUNSEL'S DIGESTSB 460, as introduced, Wahab. Hiring of real property: criminal history.Existing law makes it unlawful 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, veteran or military status, or genetic information of that person or for any person to make any notice, statement, or advertisement, with respect to the rental of a housing accommodation that indicates any preference, limitation, or discrimination or an intention to make a preference, limitation, or discrimination, based on any of those factors.Existing law prohibits a landlord from making any inquiry regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property or requiring that any tenant, prospective tenant, occupant, or prospective occupant of the rental property disclose or make any statement, representation, or certification concerning their immigration or citizenship status.This bill would prohibit a housing provider, as defined, from inquiring about an applicants criminal history, requiring an applicant to disclose their criminal history, or requiring an applicant to authorize the release of their criminal history, unless they are complying with federal law, as specified. The bill would also prohibit a housing provider from basing any adverse action, in whole or in part, on information contained in an applicants criminal history, if the housing provider received criminal history information about an applicant, unless they are complying with federal law.This bill would require California Housing Finance Agency to make available to housing providers a notice that informs applicants for housing of their rights pursuant to these provisions containing a description of the prohibitions and information about community and public resources available to assist an applicant in connection with a violation. The bill would give an applicant who suffers harm as a result of a violation of these provisions a private right of action for injunctive relief, and actual damages or statutory damages up to 3 times the amount of one months rent that the housing provider charged for the unit in question at the time of the violation. The bill would authorize a court to award punitive damages if it is proven by clear and convincing evidence that a violation of this section was committed with oppression, fraud, or malice.This bill would require affordable housing providers to annually submit a certificate of compliance with the requirements of this section to the Civil Rights Department in a format determined by the department. By expanding the definition of a crime, the bill would impose a state-mandated local program. The bill would require the department to adopt or revise regulations to establish the format of the certification and the requirements and standards for determining compliance with this section. The bill would authorize the department to impose a civil penalty for failure to comply with this provision that does not exceed the reasonable enforcement costs of the department.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | Senate Bill |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | No. 460 |
|---|
| 14 | 14 | | |
|---|
| 15 | 15 | | Introduced by Senator Wahab(Coauthors: Senators Bradford and Skinner)February 13, 2023 |
|---|
| 16 | 16 | | |
|---|
| 17 | 17 | | Introduced by Senator Wahab(Coauthors: Senators Bradford and Skinner) |
|---|
| 18 | 18 | | February 13, 2023 |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | An act to add Section 1940.37 to the Civil Code, relating to civil law. |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 23 | 23 | | |
|---|
| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 25 | 25 | | |
|---|
| 26 | 26 | | SB 460, as introduced, Wahab. Hiring of real property: criminal history. |
|---|
| 27 | 27 | | |
|---|
| 28 | 28 | | Existing law makes it unlawful 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, veteran or military status, or genetic information of that person or for any person to make any notice, statement, or advertisement, with respect to the rental of a housing accommodation that indicates any preference, limitation, or discrimination or an intention to make a preference, limitation, or discrimination, based on any of those factors.Existing law prohibits a landlord from making any inquiry regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property or requiring that any tenant, prospective tenant, occupant, or prospective occupant of the rental property disclose or make any statement, representation, or certification concerning their immigration or citizenship status.This bill would prohibit a housing provider, as defined, from inquiring about an applicants criminal history, requiring an applicant to disclose their criminal history, or requiring an applicant to authorize the release of their criminal history, unless they are complying with federal law, as specified. The bill would also prohibit a housing provider from basing any adverse action, in whole or in part, on information contained in an applicants criminal history, if the housing provider received criminal history information about an applicant, unless they are complying with federal law.This bill would require California Housing Finance Agency to make available to housing providers a notice that informs applicants for housing of their rights pursuant to these provisions containing a description of the prohibitions and information about community and public resources available to assist an applicant in connection with a violation. The bill would give an applicant who suffers harm as a result of a violation of these provisions a private right of action for injunctive relief, and actual damages or statutory damages up to 3 times the amount of one months rent that the housing provider charged for the unit in question at the time of the violation. The bill would authorize a court to award punitive damages if it is proven by clear and convincing evidence that a violation of this section was committed with oppression, fraud, or malice.This bill would require affordable housing providers to annually submit a certificate of compliance with the requirements of this section to the Civil Rights Department in a format determined by the department. By expanding the definition of a crime, the bill would impose a state-mandated local program. The bill would require the department to adopt or revise regulations to establish the format of the certification and the requirements and standards for determining compliance with this section. The bill would authorize the department to impose a civil penalty for failure to comply with this provision that does not exceed the reasonable enforcement costs of the department.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. |
|---|
| 29 | 29 | | |
|---|
| 30 | 30 | | Existing law makes it unlawful 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, veteran or military status, or genetic information of that person or for any person to make any notice, statement, or advertisement, with respect to the rental of a housing accommodation that indicates any preference, limitation, or discrimination or an intention to make a preference, limitation, or discrimination, based on any of those factors. |
|---|
| 31 | 31 | | |
|---|
| 32 | 32 | | Existing law prohibits a landlord from making any inquiry regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property or requiring that any tenant, prospective tenant, occupant, or prospective occupant of the rental property disclose or make any statement, representation, or certification concerning their immigration or citizenship status. |
|---|
| 33 | 33 | | |
|---|
| 34 | 34 | | This bill would prohibit a housing provider, as defined, from inquiring about an applicants criminal history, requiring an applicant to disclose their criminal history, or requiring an applicant to authorize the release of their criminal history, unless they are complying with federal law, as specified. The bill would also prohibit a housing provider from basing any adverse action, in whole or in part, on information contained in an applicants criminal history, if the housing provider received criminal history information about an applicant, unless they are complying with federal law. |
|---|
| 35 | 35 | | |
|---|
| 36 | 36 | | This bill would require California Housing Finance Agency to make available to housing providers a notice that informs applicants for housing of their rights pursuant to these provisions containing a description of the prohibitions and information about community and public resources available to assist an applicant in connection with a violation. The bill would give an applicant who suffers harm as a result of a violation of these provisions a private right of action for injunctive relief, and actual damages or statutory damages up to 3 times the amount of one months rent that the housing provider charged for the unit in question at the time of the violation. The bill would authorize a court to award punitive damages if it is proven by clear and convincing evidence that a violation of this section was committed with oppression, fraud, or malice. |
|---|
| 37 | 37 | | |
|---|
| 38 | 38 | | This bill would require affordable housing providers to annually submit a certificate of compliance with the requirements of this section to the Civil Rights Department in a format determined by the department. By expanding the definition of a crime, the bill would impose a state-mandated local program. The bill would require the department to adopt or revise regulations to establish the format of the certification and the requirements and standards for determining compliance with this section. The bill would authorize the department to impose a civil penalty for failure to comply with this provision that does not exceed the reasonable enforcement costs of the department. |
|---|
| 39 | 39 | | |
|---|
| 40 | 40 | | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | ## Digest Key |
|---|
| 45 | 45 | | |
|---|
| 46 | 46 | | ## Bill Text |
|---|
| 47 | 47 | | |
|---|
| 48 | 48 | | The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Fair Chance Access to Housing Act.SEC. 2. The Legislature finds and declares all of the following:(a) Mass incarceration is a national and state crisis, and restoring the rights of people affected by mass incarceration is a national and state priority.(b) The United States Department of Justice has estimated that one in every three adults in the United States has either an arrest or conviction record.(c) Studies have found that private criminal databases pull source information from inadequate records and lack accountability procedures to ensure that the database records provided to housing providers are accurate. Housing providers conducting criminal background checks rely on this inaccurate information to evaluate housing applicants.(d) Formerly incarcerated persons face barriers to access to both private rental and publically subsidized housing.(e) Homelessness is a critical issue in California and formerly incarcerated people are disproportionately affected by homelessness, which can prevent a formerly incarcerated person from getting a job, visiting with their children, and fulfilling other needs that are fundamental to reintegrating with the community after incarceration.(f) The unmet housing needs of formerly incarcerated people in California are an acute challenge to the dignity, public health and safety, and equal opportunities of this population and the broader community.(g) Research has found that access to housing reduces recidivism, and that lack of housing can be a significant barrier to reintegration after incarceration.(h) Reliance on criminal history to select tenants impedes formerly incarcerated persons from gaining access to housing in California, to the detriment of the health, welfare, and public safety of all of Californias residents.(i) Residents of California have acknowledged the detrimental nature of reliance on criminal history to select tenants by enacting local ordinances banning the use of criminal history when selecting tenants, including the Cities of Berkeley and Oakland.SEC. 3. Section 1940.37 is added to the Civil Code, to read:1940.37. (a) Except as provided in this section, a housing provider shall not, directly or indirectly, do any of the following unless they are complying with federal law:(1) Inquire about an applicants criminal history.(2) Require an applicant to disclose their criminal history.(3) Require an applicant to authorize the release of their criminal history.(b) A housing provider shall not base any adverse action, in whole or in part, on information contained in an applicants criminal history, if the housing provider received criminal history information about the applicant, unless they are complying with federal law. (c) (1) It is not a violation of this section for a housing provider to comply with federal laws that require the housing provider to automatically exclude tenants based on certain types of criminal history, including, but not limited to federal law mandating ineligibility of dangerous sex offenders for admission to public housing (42 U.S.C. Section 13663(a)) and ineligibility of individuals convicted for manufacturing methamphetamine on the premises of a federally assisted housing unit for admission to public housing and housing choice voucher programs (24 C.F.R. 982.553). However, when complying with those limited federally required exclusions, the housing provider shall not inquire about, require disclosure of, or, if the information is received, review an applicants criminal history until the housing provider informs the applicant in advance that a criminal history check will be conducted and obtains written consent from the applicant to conduct a criminal history check.(2) If an adverse action is based upon the applicants criminal history, the housing provider shall provide a written notice to the applicant that includes the reasons, a list of local legal service providers, and a copy of any background check report. The housing provider shall not require reimbursement or payment from the applicant for the cost of providing the information. The housing provider shall give the applicant an opportunity to respond with rebutting or mitigating information before denying the applicants housing application. (3) A housing provider shall maintain a record of any criminal history obtained pursuant to this subdivision regarding an applicant for housing for a period of at least three years. To the maximum extent permitted by law, any information obtained regarding an applicants criminal history shall remain confidential.(d) (1) In compliance with state law, a housing provider may search for an applicant using the database maintained by the California Department of Justice, pursuant to subdivision (a) of Section 290.4 of the Penal Code, if the housing provider has stated in writing in the rental application that they will do so. A housing provider shall not require disclosure of information contained in the registry unless the housing provider has determined that the applicant is qualified to rent the unit, provided a conditional rental agreement to the applicant, and obtained written consent of the applicant to search for the applicant in the registry.(2) If an adverse action is based on the applicants criminal history contained in the registry, the housing provider shall provide a written notice that includes the reasons, a list of local legal service providers, and a copy of any background check report generated in connection with searching the database. The housing provider shall not require reimbursement or payment from the applicant for the cost of providing the information. The housing provider shall give the applicant an opportunity to respond with rebutting or mitigating information before the denial of the applicants housing application.(3) A housing provider shall maintain a record of any criminal history obtained pursuant to this subdivision regarding an applicant for housing for a period of at least three years. To the maximum extent permitted by law, any information obtained regarding an applicants criminal history shall remain confidential.(e) A housing provider shall not produce or disseminate any advertisement related to housing that expresses, directly or indirectly, that any person with criminal history will not be considered for the rental or lease of the real property or cannot apply for the rental or lease of real property, unless the housing provider is complying with federal law.(f) The California Housing Finance Agency shall make available to housing providers, in English, Spanish, Mandarin, and all languages spoken by more than 5 percent of the states population, a notice that informs applicants for housing of their rights pursuant to this section. The notice shall contain a description of the prohibitions contained in this section and information about community and public resources available to assist an applicant in connection with a violation of this section. (g) A housing provider shall prominently display the notice described in subdivision (f) in their application materials, on their internet website, and at any rental or leasing office. (h) (1) An applicant for housing who suffers harm as a result of a violation of this section shall have a private right of action for injunctive relief, and actual damages or statutory damages up to three times the amount of one months rent that the housing provider charged for the unit in question at the time of the violation. In addition to actual or statutory damages, a court may award punitive damages if it is proven by clear and convincing evidence that a violation of this section was committed with oppression, fraud, or malice.(2) In an action brought pursuant to this section, the court may award reasonable attorneys fees and costs to the prevailing aggrieved applicant, or to the prevailing housing provider if the lawsuit was deemed by the court to have been frivolous or without merit.(3) The right to file an action pursuant to this section does not require an aggrieved applicant for housing to have filed a prior complaint with any state agency.(4) An aggrieved applicant may designate a close family member, as defined in subdivision (m), as their agent for the purpose of initiating a private right of action in accordance with this section.(i) (1) Affordable housing providers, as defined in subdivision (m), shall annually submit a certificate of compliance with the requirements of this section to the Civil Rights Department in a format determined by the department. The department shall adopt or revise regulations to establish all of the following:(A) The format of the certification.(B) The requirements and standards for determining compliance with this section.(C) A process for receiving and storing records of certification. (2) The Civil Rights Department may impose a civil penalty for failure to comply with this subdivision that does not exceed the reasonable costs of the department to enforce this subdivision.(j) It is a violation of this section to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected in this section, or to take any adverse action against any person because the person exercised, or attempted in good faith to exercise, any right provided herein.(k) Nothing in this section shall prohibit a housing provider from complying with a request by a state agency, or a city, county, or city and county, or an agency thereof, to provide records for purposes of enforcing the requirements of this section.(l) A city, county, or city and county may enact and enforce ordinances that provide greater protections, additional rights, or increased remedies for people with criminal records, or their family members, to access residential tenancies of real property, which shall not be preempted by this section.(m) As used in this section, the following terms have the following meanings:(1) Adverse action means to take any of the following actions based on a persons criminal or conviction history:(A) Failing or refusing to rent or lease housing to an individual.(B) Failing or refusing to continue to rent or lease housing to an individual, including failing or refusing to replace an existing tenant, add a new tenant, or sublet to a subtenant.(C) Reducing a rental subsidy amount or term for any individuals housing.(D) Treating an applicant or tenant differently from other applicants or tenants including, but not limited to, requiring a higher security deposit or higher rent.(E) Treating the person as ineligible for a tenant-based rental assistance program, including, but not limited to, a Section 8 Housing Choice Voucher.(F) Failing or refusing to permit a tenants close family member to occupy a rental unit while the occupying tenant remains in occupancy. (2) Affordable housing means either of the following:(A) Housing that has received or is receiving local, state, or federal funding, tax credits, or other subsidies connected in whole or in part to developing, rehabilitating, restricting rents, subsidizing ownership, or otherwise providing rental housing for extremely low-income, very low income, low income, and moderate- income households, with the exception of housing for which the only public funding received is in the form of a local, state or federal tenant-based voucher, such as through the Section 8 Housing Choice Voucher Program 5 (42 U.S.C. Section 1437f).(B) Housing that is subject to affordability and related requirements pursuant to a state or local below market-rate rental housing program, including, but not limited to, the density bonus law (Section 65915 of the Government Code). (3) Affordable housing provider means any housing provider that owns, master leases, manages, or develops affordable housing, or their agent, such as a property management company, that makes tenancy decisions, and any governmental agency, that makes eligibility decisions for tenant- based rental assistance programs, including, but not limited to, the Section 8 Housing Choice Voucher Program (42 U.S.C. Section 1437f). (4) Aggrieved person means an applicant who believes they were subject to an adverse action; or a tenant who believes they or their close family member was subject to an adverse action based upon the application of an applicant to reside in the family members rental unit; or a tenant who believes that they were subject to an adverse action based upon the failure or refusal to permit a person to reside in the tenants rental unit to replace an existing tenant, add a new tenant, or to sublet to a subtenant. (5) Applicant means a person who does any of the following:(A) Seeks information about, visits, or applies to rent or lease housing.(B) Applies for a tenant-based rental assistance program, including but not limited to the Section 8 Housing Choice Voucher Program (42 U.S.C. Section 1437f).(C) Seeks to be added as a household member to an existing lease for housing.(D) Currently rents or leases housing, with respect to any criminal history that occurred before the start of the persons tenancy. (6) Arrest means a record from any jurisdiction that does not result in a conviction and includes information indicating that a person has been questioned, apprehended, taken into custody or detained, or held for investigation by a law enforcement, police, or prosecutorial agency or charged with, indicted, or tried and acquitted for any felony, misdemeanor, or other criminal offense. (7) Background check report means any report about an applicants criminal history, including, but not limited to, reports produced by the California Department of Justice, the Federal Bureau of Investigation, other law enforcement agencies, courts, or any consumer reporting or tenant screening agency. (8) Close family member means a relative or an extended family member such as a spouse or registered domestic partner, even if the marriage or partnership was terminated by death or dissolution, child, sibling, parent, grandparent, grandchild, aunt, uncle, nephew, niece, grandparent, great- grandparent, great-aunt or great-uncle (grandparents sibling), first cousin, great-grandparents sibling, first cousin once removed (parents first cousin), stepparent or step-sibling, and a nonrelative extended family member such as a close familylike friend, clergy member, foster parent, or neighbor.(9) Conviction means a record from any jurisdiction that includes information indicating that a person has been convicted of a felony, misdemeanor, or other criminal offense and for which the person was placed on probation, fined, imprisoned or paroled. (10) Criminal history means information transmitted orally, or in writing, or by any other means, and obtained from any source, including, but not limited to, the person to whom the information pertains, a governmental agency, or a background check report, regarding one or more convictions or arrests, a conviction that has been sealed, dismissed, vacated, expunged, voided, invalidated, or otherwise rendered inoperative by judicial action or by statute, a determination or adjudication in the juvenile justice system, a matter considered in or processed through the juvenile justice system, or participation in or completion of a diversion or a deferral of judgment program. (11) Housing means any residential rental housing, building, or unit in the State of California, excluding all of the following:(A) Single-family dwellings where one or more owners occupy the dwelling as their principal residence.(B) Single-family dwellings with accessory dwelling units, where either the main or an accessory dwelling unit is occupied by one or more owners as their principal residence.(C) Duplexes or triplexes where one of the units is occupied by one or more owners as their principal residence.(D) Units rented where a landlord or lessor seeks in good faith to recover possession of the rental unit for their occupancy as a principal residence, where the landlord or lessor has previously occupied the rental unit as their principal residence and has the right to recover possession of the unit for their occupancy as a principal residence under an existing rental agreement with the current tenants.(E) Tenant-occupied units where an occupying tenant seeks to replace an existing cotenant, add an additional cotenant, or sublet the unit, provided that the occupying tenant remains in occupancy.(12) Housing provider means any person that owns, master leases, manages, or develops housing in the State of California. For the purpose of this definition, person includes one or more individuals, partnerships, organizations, trade or professional associations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and any political or civil subdivision or agency or instrumentality of the government. In addition, any agent, such as a property management company, that makes tenancy decisions on behalf of the above-described persons, and any governmental agency that makes eligibility decisions for tenant-based rental assistance programs, including, but not limited to, the Section 8 Housing Choice Voucher Program (42 U.S.C. Section 1437f), is a housing provider. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
|---|
| 49 | 49 | | |
|---|
| 50 | 50 | | The people of the State of California do enact as follows: |
|---|
| 51 | 51 | | |
|---|
| 52 | 52 | | ## The people of the State of California do enact as follows: |
|---|
| 53 | 53 | | |
|---|
| 54 | 54 | | SECTION 1. This act shall be known, and may be cited, as the Fair Chance Access to Housing Act. |
|---|
| 55 | 55 | | |
|---|
| 56 | 56 | | SECTION 1. This act shall be known, and may be cited, as the Fair Chance Access to Housing Act. |
|---|
| 57 | 57 | | |
|---|
| 58 | 58 | | SECTION 1. This act shall be known, and may be cited, as the Fair Chance Access to Housing Act. |
|---|
| 59 | 59 | | |
|---|
| 60 | 60 | | ### SECTION 1. |
|---|
| 61 | 61 | | |
|---|
| 62 | 62 | | SEC. 2. The Legislature finds and declares all of the following:(a) Mass incarceration is a national and state crisis, and restoring the rights of people affected by mass incarceration is a national and state priority.(b) The United States Department of Justice has estimated that one in every three adults in the United States has either an arrest or conviction record.(c) Studies have found that private criminal databases pull source information from inadequate records and lack accountability procedures to ensure that the database records provided to housing providers are accurate. Housing providers conducting criminal background checks rely on this inaccurate information to evaluate housing applicants.(d) Formerly incarcerated persons face barriers to access to both private rental and publically subsidized housing.(e) Homelessness is a critical issue in California and formerly incarcerated people are disproportionately affected by homelessness, which can prevent a formerly incarcerated person from getting a job, visiting with their children, and fulfilling other needs that are fundamental to reintegrating with the community after incarceration.(f) The unmet housing needs of formerly incarcerated people in California are an acute challenge to the dignity, public health and safety, and equal opportunities of this population and the broader community.(g) Research has found that access to housing reduces recidivism, and that lack of housing can be a significant barrier to reintegration after incarceration.(h) Reliance on criminal history to select tenants impedes formerly incarcerated persons from gaining access to housing in California, to the detriment of the health, welfare, and public safety of all of Californias residents.(i) Residents of California have acknowledged the detrimental nature of reliance on criminal history to select tenants by enacting local ordinances banning the use of criminal history when selecting tenants, including the Cities of Berkeley and Oakland. |
|---|
| 63 | 63 | | |
|---|
| 64 | 64 | | SEC. 2. The Legislature finds and declares all of the following:(a) Mass incarceration is a national and state crisis, and restoring the rights of people affected by mass incarceration is a national and state priority.(b) The United States Department of Justice has estimated that one in every three adults in the United States has either an arrest or conviction record.(c) Studies have found that private criminal databases pull source information from inadequate records and lack accountability procedures to ensure that the database records provided to housing providers are accurate. Housing providers conducting criminal background checks rely on this inaccurate information to evaluate housing applicants.(d) Formerly incarcerated persons face barriers to access to both private rental and publically subsidized housing.(e) Homelessness is a critical issue in California and formerly incarcerated people are disproportionately affected by homelessness, which can prevent a formerly incarcerated person from getting a job, visiting with their children, and fulfilling other needs that are fundamental to reintegrating with the community after incarceration.(f) The unmet housing needs of formerly incarcerated people in California are an acute challenge to the dignity, public health and safety, and equal opportunities of this population and the broader community.(g) Research has found that access to housing reduces recidivism, and that lack of housing can be a significant barrier to reintegration after incarceration.(h) Reliance on criminal history to select tenants impedes formerly incarcerated persons from gaining access to housing in California, to the detriment of the health, welfare, and public safety of all of Californias residents.(i) Residents of California have acknowledged the detrimental nature of reliance on criminal history to select tenants by enacting local ordinances banning the use of criminal history when selecting tenants, including the Cities of Berkeley and Oakland. |
|---|
| 65 | 65 | | |
|---|
| 66 | 66 | | SEC. 2. The Legislature finds and declares all of the following: |
|---|
| 67 | 67 | | |
|---|
| 68 | 68 | | ### SEC. 2. |
|---|
| 69 | 69 | | |
|---|
| 70 | 70 | | (a) Mass incarceration is a national and state crisis, and restoring the rights of people affected by mass incarceration is a national and state priority. |
|---|
| 71 | 71 | | |
|---|
| 72 | 72 | | (b) The United States Department of Justice has estimated that one in every three adults in the United States has either an arrest or conviction record. |
|---|
| 73 | 73 | | |
|---|
| 74 | 74 | | (c) Studies have found that private criminal databases pull source information from inadequate records and lack accountability procedures to ensure that the database records provided to housing providers are accurate. Housing providers conducting criminal background checks rely on this inaccurate information to evaluate housing applicants. |
|---|
| 75 | 75 | | |
|---|
| 76 | 76 | | (d) Formerly incarcerated persons face barriers to access to both private rental and publically subsidized housing. |
|---|
| 77 | 77 | | |
|---|
| 78 | 78 | | (e) Homelessness is a critical issue in California and formerly incarcerated people are disproportionately affected by homelessness, which can prevent a formerly incarcerated person from getting a job, visiting with their children, and fulfilling other needs that are fundamental to reintegrating with the community after incarceration. |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | (f) The unmet housing needs of formerly incarcerated people in California are an acute challenge to the dignity, public health and safety, and equal opportunities of this population and the broader community. |
|---|
| 81 | 81 | | |
|---|
| 82 | 82 | | (g) Research has found that access to housing reduces recidivism, and that lack of housing can be a significant barrier to reintegration after incarceration. |
|---|
| 83 | 83 | | |
|---|
| 84 | 84 | | (h) Reliance on criminal history to select tenants impedes formerly incarcerated persons from gaining access to housing in California, to the detriment of the health, welfare, and public safety of all of Californias residents. |
|---|
| 85 | 85 | | |
|---|
| 86 | 86 | | (i) Residents of California have acknowledged the detrimental nature of reliance on criminal history to select tenants by enacting local ordinances banning the use of criminal history when selecting tenants, including the Cities of Berkeley and Oakland. |
|---|
| 87 | 87 | | |
|---|
| 88 | 88 | | SEC. 3. Section 1940.37 is added to the Civil Code, to read:1940.37. (a) Except as provided in this section, a housing provider shall not, directly or indirectly, do any of the following unless they are complying with federal law:(1) Inquire about an applicants criminal history.(2) Require an applicant to disclose their criminal history.(3) Require an applicant to authorize the release of their criminal history.(b) A housing provider shall not base any adverse action, in whole or in part, on information contained in an applicants criminal history, if the housing provider received criminal history information about the applicant, unless they are complying with federal law. (c) (1) It is not a violation of this section for a housing provider to comply with federal laws that require the housing provider to automatically exclude tenants based on certain types of criminal history, including, but not limited to federal law mandating ineligibility of dangerous sex offenders for admission to public housing (42 U.S.C. Section 13663(a)) and ineligibility of individuals convicted for manufacturing methamphetamine on the premises of a federally assisted housing unit for admission to public housing and housing choice voucher programs (24 C.F.R. 982.553). However, when complying with those limited federally required exclusions, the housing provider shall not inquire about, require disclosure of, or, if the information is received, review an applicants criminal history until the housing provider informs the applicant in advance that a criminal history check will be conducted and obtains written consent from the applicant to conduct a criminal history check.(2) If an adverse action is based upon the applicants criminal history, the housing provider shall provide a written notice to the applicant that includes the reasons, a list of local legal service providers, and a copy of any background check report. The housing provider shall not require reimbursement or payment from the applicant for the cost of providing the information. The housing provider shall give the applicant an opportunity to respond with rebutting or mitigating information before denying the applicants housing application. (3) A housing provider shall maintain a record of any criminal history obtained pursuant to this subdivision regarding an applicant for housing for a period of at least three years. To the maximum extent permitted by law, any information obtained regarding an applicants criminal history shall remain confidential.(d) (1) In compliance with state law, a housing provider may search for an applicant using the database maintained by the California Department of Justice, pursuant to subdivision (a) of Section 290.4 of the Penal Code, if the housing provider has stated in writing in the rental application that they will do so. A housing provider shall not require disclosure of information contained in the registry unless the housing provider has determined that the applicant is qualified to rent the unit, provided a conditional rental agreement to the applicant, and obtained written consent of the applicant to search for the applicant in the registry.(2) If an adverse action is based on the applicants criminal history contained in the registry, the housing provider shall provide a written notice that includes the reasons, a list of local legal service providers, and a copy of any background check report generated in connection with searching the database. The housing provider shall not require reimbursement or payment from the applicant for the cost of providing the information. The housing provider shall give the applicant an opportunity to respond with rebutting or mitigating information before the denial of the applicants housing application.(3) A housing provider shall maintain a record of any criminal history obtained pursuant to this subdivision regarding an applicant for housing for a period of at least three years. To the maximum extent permitted by law, any information obtained regarding an applicants criminal history shall remain confidential.(e) A housing provider shall not produce or disseminate any advertisement related to housing that expresses, directly or indirectly, that any person with criminal history will not be considered for the rental or lease of the real property or cannot apply for the rental or lease of real property, unless the housing provider is complying with federal law.(f) The California Housing Finance Agency shall make available to housing providers, in English, Spanish, Mandarin, and all languages spoken by more than 5 percent of the states population, a notice that informs applicants for housing of their rights pursuant to this section. The notice shall contain a description of the prohibitions contained in this section and information about community and public resources available to assist an applicant in connection with a violation of this section. (g) A housing provider shall prominently display the notice described in subdivision (f) in their application materials, on their internet website, and at any rental or leasing office. (h) (1) An applicant for housing who suffers harm as a result of a violation of this section shall have a private right of action for injunctive relief, and actual damages or statutory damages up to three times the amount of one months rent that the housing provider charged for the unit in question at the time of the violation. In addition to actual or statutory damages, a court may award punitive damages if it is proven by clear and convincing evidence that a violation of this section was committed with oppression, fraud, or malice.(2) In an action brought pursuant to this section, the court may award reasonable attorneys fees and costs to the prevailing aggrieved applicant, or to the prevailing housing provider if the lawsuit was deemed by the court to have been frivolous or without merit.(3) The right to file an action pursuant to this section does not require an aggrieved applicant for housing to have filed a prior complaint with any state agency.(4) An aggrieved applicant may designate a close family member, as defined in subdivision (m), as their agent for the purpose of initiating a private right of action in accordance with this section.(i) (1) Affordable housing providers, as defined in subdivision (m), shall annually submit a certificate of compliance with the requirements of this section to the Civil Rights Department in a format determined by the department. The department shall adopt or revise regulations to establish all of the following:(A) The format of the certification.(B) The requirements and standards for determining compliance with this section.(C) A process for receiving and storing records of certification. (2) The Civil Rights Department may impose a civil penalty for failure to comply with this subdivision that does not exceed the reasonable costs of the department to enforce this subdivision.(j) It is a violation of this section to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected in this section, or to take any adverse action against any person because the person exercised, or attempted in good faith to exercise, any right provided herein.(k) Nothing in this section shall prohibit a housing provider from complying with a request by a state agency, or a city, county, or city and county, or an agency thereof, to provide records for purposes of enforcing the requirements of this section.(l) A city, county, or city and county may enact and enforce ordinances that provide greater protections, additional rights, or increased remedies for people with criminal records, or their family members, to access residential tenancies of real property, which shall not be preempted by this section.(m) As used in this section, the following terms have the following meanings:(1) Adverse action means to take any of the following actions based on a persons criminal or conviction history:(A) Failing or refusing to rent or lease housing to an individual.(B) Failing or refusing to continue to rent or lease housing to an individual, including failing or refusing to replace an existing tenant, add a new tenant, or sublet to a subtenant.(C) Reducing a rental subsidy amount or term for any individuals housing.(D) Treating an applicant or tenant differently from other applicants or tenants including, but not limited to, requiring a higher security deposit or higher rent.(E) Treating the person as ineligible for a tenant-based rental assistance program, including, but not limited to, a Section 8 Housing Choice Voucher.(F) Failing or refusing to permit a tenants close family member to occupy a rental unit while the occupying tenant remains in occupancy. (2) Affordable housing means either of the following:(A) Housing that has received or is receiving local, state, or federal funding, tax credits, or other subsidies connected in whole or in part to developing, rehabilitating, restricting rents, subsidizing ownership, or otherwise providing rental housing for extremely low-income, very low income, low income, and moderate- income households, with the exception of housing for which the only public funding received is in the form of a local, state or federal tenant-based voucher, such as through the Section 8 Housing Choice Voucher Program 5 (42 U.S.C. Section 1437f).(B) Housing that is subject to affordability and related requirements pursuant to a state or local below market-rate rental housing program, including, but not limited to, the density bonus law (Section 65915 of the Government Code). (3) Affordable housing provider means any housing provider that owns, master leases, manages, or develops affordable housing, or their agent, such as a property management company, that makes tenancy decisions, and any governmental agency, that makes eligibility decisions for tenant- based rental assistance programs, including, but not limited to, the Section 8 Housing Choice Voucher Program (42 U.S.C. Section 1437f). (4) Aggrieved person means an applicant who believes they were subject to an adverse action; or a tenant who believes they or their close family member was subject to an adverse action based upon the application of an applicant to reside in the family members rental unit; or a tenant who believes that they were subject to an adverse action based upon the failure or refusal to permit a person to reside in the tenants rental unit to replace an existing tenant, add a new tenant, or to sublet to a subtenant. (5) Applicant means a person who does any of the following:(A) Seeks information about, visits, or applies to rent or lease housing.(B) Applies for a tenant-based rental assistance program, including but not limited to the Section 8 Housing Choice Voucher Program (42 U.S.C. Section 1437f).(C) Seeks to be added as a household member to an existing lease for housing.(D) Currently rents or leases housing, with respect to any criminal history that occurred before the start of the persons tenancy. (6) Arrest means a record from any jurisdiction that does not result in a conviction and includes information indicating that a person has been questioned, apprehended, taken into custody or detained, or held for investigation by a law enforcement, police, or prosecutorial agency or charged with, indicted, or tried and acquitted for any felony, misdemeanor, or other criminal offense. (7) Background check report means any report about an applicants criminal history, including, but not limited to, reports produced by the California Department of Justice, the Federal Bureau of Investigation, other law enforcement agencies, courts, or any consumer reporting or tenant screening agency. (8) Close family member means a relative or an extended family member such as a spouse or registered domestic partner, even if the marriage or partnership was terminated by death or dissolution, child, sibling, parent, grandparent, grandchild, aunt, uncle, nephew, niece, grandparent, great- grandparent, great-aunt or great-uncle (grandparents sibling), first cousin, great-grandparents sibling, first cousin once removed (parents first cousin), stepparent or step-sibling, and a nonrelative extended family member such as a close familylike friend, clergy member, foster parent, or neighbor.(9) Conviction means a record from any jurisdiction that includes information indicating that a person has been convicted of a felony, misdemeanor, or other criminal offense and for which the person was placed on probation, fined, imprisoned or paroled. (10) Criminal history means information transmitted orally, or in writing, or by any other means, and obtained from any source, including, but not limited to, the person to whom the information pertains, a governmental agency, or a background check report, regarding one or more convictions or arrests, a conviction that has been sealed, dismissed, vacated, expunged, voided, invalidated, or otherwise rendered inoperative by judicial action or by statute, a determination or adjudication in the juvenile justice system, a matter considered in or processed through the juvenile justice system, or participation in or completion of a diversion or a deferral of judgment program. (11) Housing means any residential rental housing, building, or unit in the State of California, excluding all of the following:(A) Single-family dwellings where one or more owners occupy the dwelling as their principal residence.(B) Single-family dwellings with accessory dwelling units, where either the main or an accessory dwelling unit is occupied by one or more owners as their principal residence.(C) Duplexes or triplexes where one of the units is occupied by one or more owners as their principal residence.(D) Units rented where a landlord or lessor seeks in good faith to recover possession of the rental unit for their occupancy as a principal residence, where the landlord or lessor has previously occupied the rental unit as their principal residence and has the right to recover possession of the unit for their occupancy as a principal residence under an existing rental agreement with the current tenants.(E) Tenant-occupied units where an occupying tenant seeks to replace an existing cotenant, add an additional cotenant, or sublet the unit, provided that the occupying tenant remains in occupancy.(12) Housing provider means any person that owns, master leases, manages, or develops housing in the State of California. For the purpose of this definition, person includes one or more individuals, partnerships, organizations, trade or professional associations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and any political or civil subdivision or agency or instrumentality of the government. In addition, any agent, such as a property management company, that makes tenancy decisions on behalf of the above-described persons, and any governmental agency that makes eligibility decisions for tenant-based rental assistance programs, including, but not limited to, the Section 8 Housing Choice Voucher Program (42 U.S.C. Section 1437f), is a housing provider. |
|---|
| 89 | 89 | | |
|---|
| 90 | 90 | | SEC. 3. Section 1940.37 is added to the Civil Code, to read: |
|---|
| 91 | 91 | | |
|---|
| 92 | 92 | | ### SEC. 3. |
|---|
| 93 | 93 | | |
|---|
| 94 | 94 | | 1940.37. (a) Except as provided in this section, a housing provider shall not, directly or indirectly, do any of the following unless they are complying with federal law:(1) Inquire about an applicants criminal history.(2) Require an applicant to disclose their criminal history.(3) Require an applicant to authorize the release of their criminal history.(b) A housing provider shall not base any adverse action, in whole or in part, on information contained in an applicants criminal history, if the housing provider received criminal history information about the applicant, unless they are complying with federal law. (c) (1) It is not a violation of this section for a housing provider to comply with federal laws that require the housing provider to automatically exclude tenants based on certain types of criminal history, including, but not limited to federal law mandating ineligibility of dangerous sex offenders for admission to public housing (42 U.S.C. Section 13663(a)) and ineligibility of individuals convicted for manufacturing methamphetamine on the premises of a federally assisted housing unit for admission to public housing and housing choice voucher programs (24 C.F.R. 982.553). However, when complying with those limited federally required exclusions, the housing provider shall not inquire about, require disclosure of, or, if the information is received, review an applicants criminal history until the housing provider informs the applicant in advance that a criminal history check will be conducted and obtains written consent from the applicant to conduct a criminal history check.(2) If an adverse action is based upon the applicants criminal history, the housing provider shall provide a written notice to the applicant that includes the reasons, a list of local legal service providers, and a copy of any background check report. The housing provider shall not require reimbursement or payment from the applicant for the cost of providing the information. The housing provider shall give the applicant an opportunity to respond with rebutting or mitigating information before denying the applicants housing application. (3) A housing provider shall maintain a record of any criminal history obtained pursuant to this subdivision regarding an applicant for housing for a period of at least three years. To the maximum extent permitted by law, any information obtained regarding an applicants criminal history shall remain confidential.(d) (1) In compliance with state law, a housing provider may search for an applicant using the database maintained by the California Department of Justice, pursuant to subdivision (a) of Section 290.4 of the Penal Code, if the housing provider has stated in writing in the rental application that they will do so. A housing provider shall not require disclosure of information contained in the registry unless the housing provider has determined that the applicant is qualified to rent the unit, provided a conditional rental agreement to the applicant, and obtained written consent of the applicant to search for the applicant in the registry.(2) If an adverse action is based on the applicants criminal history contained in the registry, the housing provider shall provide a written notice that includes the reasons, a list of local legal service providers, and a copy of any background check report generated in connection with searching the database. The housing provider shall not require reimbursement or payment from the applicant for the cost of providing the information. The housing provider shall give the applicant an opportunity to respond with rebutting or mitigating information before the denial of the applicants housing application.(3) A housing provider shall maintain a record of any criminal history obtained pursuant to this subdivision regarding an applicant for housing for a period of at least three years. To the maximum extent permitted by law, any information obtained regarding an applicants criminal history shall remain confidential.(e) A housing provider shall not produce or disseminate any advertisement related to housing that expresses, directly or indirectly, that any person with criminal history will not be considered for the rental or lease of the real property or cannot apply for the rental or lease of real property, unless the housing provider is complying with federal law.(f) The California Housing Finance Agency shall make available to housing providers, in English, Spanish, Mandarin, and all languages spoken by more than 5 percent of the states population, a notice that informs applicants for housing of their rights pursuant to this section. The notice shall contain a description of the prohibitions contained in this section and information about community and public resources available to assist an applicant in connection with a violation of this section. (g) A housing provider shall prominently display the notice described in subdivision (f) in their application materials, on their internet website, and at any rental or leasing office. (h) (1) An applicant for housing who suffers harm as a result of a violation of this section shall have a private right of action for injunctive relief, and actual damages or statutory damages up to three times the amount of one months rent that the housing provider charged for the unit in question at the time of the violation. In addition to actual or statutory damages, a court may award punitive damages if it is proven by clear and convincing evidence that a violation of this section was committed with oppression, fraud, or malice.(2) In an action brought pursuant to this section, the court may award reasonable attorneys fees and costs to the prevailing aggrieved applicant, or to the prevailing housing provider if the lawsuit was deemed by the court to have been frivolous or without merit.(3) The right to file an action pursuant to this section does not require an aggrieved applicant for housing to have filed a prior complaint with any state agency.(4) An aggrieved applicant may designate a close family member, as defined in subdivision (m), as their agent for the purpose of initiating a private right of action in accordance with this section.(i) (1) Affordable housing providers, as defined in subdivision (m), shall annually submit a certificate of compliance with the requirements of this section to the Civil Rights Department in a format determined by the department. The department shall adopt or revise regulations to establish all of the following:(A) The format of the certification.(B) The requirements and standards for determining compliance with this section.(C) A process for receiving and storing records of certification. (2) The Civil Rights Department may impose a civil penalty for failure to comply with this subdivision that does not exceed the reasonable costs of the department to enforce this subdivision.(j) It is a violation of this section to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected in this section, or to take any adverse action against any person because the person exercised, or attempted in good faith to exercise, any right provided herein.(k) Nothing in this section shall prohibit a housing provider from complying with a request by a state agency, or a city, county, or city and county, or an agency thereof, to provide records for purposes of enforcing the requirements of this section.(l) A city, county, or city and county may enact and enforce ordinances that provide greater protections, additional rights, or increased remedies for people with criminal records, or their family members, to access residential tenancies of real property, which shall not be preempted by this section.(m) As used in this section, the following terms have the following meanings:(1) Adverse action means to take any of the following actions based on a persons criminal or conviction history:(A) Failing or refusing to rent or lease housing to an individual.(B) Failing or refusing to continue to rent or lease housing to an individual, including failing or refusing to replace an existing tenant, add a new tenant, or sublet to a subtenant.(C) Reducing a rental subsidy amount or term for any individuals housing.(D) Treating an applicant or tenant differently from other applicants or tenants including, but not limited to, requiring a higher security deposit or higher rent.(E) Treating the person as ineligible for a tenant-based rental assistance program, including, but not limited to, a Section 8 Housing Choice Voucher.(F) Failing or refusing to permit a tenants close family member to occupy a rental unit while the occupying tenant remains in occupancy. (2) Affordable housing means either of the following:(A) Housing that has received or is receiving local, state, or federal funding, tax credits, or other subsidies connected in whole or in part to developing, rehabilitating, restricting rents, subsidizing ownership, or otherwise providing rental housing for extremely low-income, very low income, low income, and moderate- income households, with the exception of housing for which the only public funding received is in the form of a local, state or federal tenant-based voucher, such as through the Section 8 Housing Choice Voucher Program 5 (42 U.S.C. Section 1437f).(B) Housing that is subject to affordability and related requirements pursuant to a state or local below market-rate rental housing program, including, but not limited to, the density bonus law (Section 65915 of the Government Code). (3) Affordable housing provider means any housing provider that owns, master leases, manages, or develops affordable housing, or their agent, such as a property management company, that makes tenancy decisions, and any governmental agency, that makes eligibility decisions for tenant- based rental assistance programs, including, but not limited to, the Section 8 Housing Choice Voucher Program (42 U.S.C. Section 1437f). (4) Aggrieved person means an applicant who believes they were subject to an adverse action; or a tenant who believes they or their close family member was subject to an adverse action based upon the application of an applicant to reside in the family members rental unit; or a tenant who believes that they were subject to an adverse action based upon the failure or refusal to permit a person to reside in the tenants rental unit to replace an existing tenant, add a new tenant, or to sublet to a subtenant. (5) Applicant means a person who does any of the following:(A) Seeks information about, visits, or applies to rent or lease housing.(B) Applies for a tenant-based rental assistance program, including but not limited to the Section 8 Housing Choice Voucher Program (42 U.S.C. Section 1437f).(C) Seeks to be added as a household member to an existing lease for housing.(D) Currently rents or leases housing, with respect to any criminal history that occurred before the start of the persons tenancy. (6) Arrest means a record from any jurisdiction that does not result in a conviction and includes information indicating that a person has been questioned, apprehended, taken into custody or detained, or held for investigation by a law enforcement, police, or prosecutorial agency or charged with, indicted, or tried and acquitted for any felony, misdemeanor, or other criminal offense. (7) Background check report means any report about an applicants criminal history, including, but not limited to, reports produced by the California Department of Justice, the Federal Bureau of Investigation, other law enforcement agencies, courts, or any consumer reporting or tenant screening agency. (8) Close family member means a relative or an extended family member such as a spouse or registered domestic partner, even if the marriage or partnership was terminated by death or dissolution, child, sibling, parent, grandparent, grandchild, aunt, uncle, nephew, niece, grandparent, great- grandparent, great-aunt or great-uncle (grandparents sibling), first cousin, great-grandparents sibling, first cousin once removed (parents first cousin), stepparent or step-sibling, and a nonrelative extended family member such as a close familylike friend, clergy member, foster parent, or neighbor.(9) Conviction means a record from any jurisdiction that includes information indicating that a person has been convicted of a felony, misdemeanor, or other criminal offense and for which the person was placed on probation, fined, imprisoned or paroled. (10) Criminal history means information transmitted orally, or in writing, or by any other means, and obtained from any source, including, but not limited to, the person to whom the information pertains, a governmental agency, or a background check report, regarding one or more convictions or arrests, a conviction that has been sealed, dismissed, vacated, expunged, voided, invalidated, or otherwise rendered inoperative by judicial action or by statute, a determination or adjudication in the juvenile justice system, a matter considered in or processed through the juvenile justice system, or participation in or completion of a diversion or a deferral of judgment program. (11) Housing means any residential rental housing, building, or unit in the State of California, excluding all of the following:(A) Single-family dwellings where one or more owners occupy the dwelling as their principal residence.(B) Single-family dwellings with accessory dwelling units, where either the main or an accessory dwelling unit is occupied by one or more owners as their principal residence.(C) Duplexes or triplexes where one of the units is occupied by one or more owners as their principal residence.(D) Units rented where a landlord or lessor seeks in good faith to recover possession of the rental unit for their occupancy as a principal residence, where the landlord or lessor has previously occupied the rental unit as their principal residence and has the right to recover possession of the unit for their occupancy as a principal residence under an existing rental agreement with the current tenants.(E) Tenant-occupied units where an occupying tenant seeks to replace an existing cotenant, add an additional cotenant, or sublet the unit, provided that the occupying tenant remains in occupancy.(12) Housing provider means any person that owns, master leases, manages, or develops housing in the State of California. For the purpose of this definition, person includes one or more individuals, partnerships, organizations, trade or professional associations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and any political or civil subdivision or agency or instrumentality of the government. In addition, any agent, such as a property management company, that makes tenancy decisions on behalf of the above-described persons, and any governmental agency that makes eligibility decisions for tenant-based rental assistance programs, including, but not limited to, the Section 8 Housing Choice Voucher Program (42 U.S.C. Section 1437f), is a housing provider. |
|---|
| 95 | 95 | | |
|---|
| 96 | 96 | | 1940.37. (a) Except as provided in this section, a housing provider shall not, directly or indirectly, do any of the following unless they are complying with federal law:(1) Inquire about an applicants criminal history.(2) Require an applicant to disclose their criminal history.(3) Require an applicant to authorize the release of their criminal history.(b) A housing provider shall not base any adverse action, in whole or in part, on information contained in an applicants criminal history, if the housing provider received criminal history information about the applicant, unless they are complying with federal law. (c) (1) It is not a violation of this section for a housing provider to comply with federal laws that require the housing provider to automatically exclude tenants based on certain types of criminal history, including, but not limited to federal law mandating ineligibility of dangerous sex offenders for admission to public housing (42 U.S.C. Section 13663(a)) and ineligibility of individuals convicted for manufacturing methamphetamine on the premises of a federally assisted housing unit for admission to public housing and housing choice voucher programs (24 C.F.R. 982.553). However, when complying with those limited federally required exclusions, the housing provider shall not inquire about, require disclosure of, or, if the information is received, review an applicants criminal history until the housing provider informs the applicant in advance that a criminal history check will be conducted and obtains written consent from the applicant to conduct a criminal history check.(2) If an adverse action is based upon the applicants criminal history, the housing provider shall provide a written notice to the applicant that includes the reasons, a list of local legal service providers, and a copy of any background check report. The housing provider shall not require reimbursement or payment from the applicant for the cost of providing the information. The housing provider shall give the applicant an opportunity to respond with rebutting or mitigating information before denying the applicants housing application. (3) A housing provider shall maintain a record of any criminal history obtained pursuant to this subdivision regarding an applicant for housing for a period of at least three years. To the maximum extent permitted by law, any information obtained regarding an applicants criminal history shall remain confidential.(d) (1) In compliance with state law, a housing provider may search for an applicant using the database maintained by the California Department of Justice, pursuant to subdivision (a) of Section 290.4 of the Penal Code, if the housing provider has stated in writing in the rental application that they will do so. A housing provider shall not require disclosure of information contained in the registry unless the housing provider has determined that the applicant is qualified to rent the unit, provided a conditional rental agreement to the applicant, and obtained written consent of the applicant to search for the applicant in the registry.(2) If an adverse action is based on the applicants criminal history contained in the registry, the housing provider shall provide a written notice that includes the reasons, a list of local legal service providers, and a copy of any background check report generated in connection with searching the database. The housing provider shall not require reimbursement or payment from the applicant for the cost of providing the information. The housing provider shall give the applicant an opportunity to respond with rebutting or mitigating information before the denial of the applicants housing application.(3) A housing provider shall maintain a record of any criminal history obtained pursuant to this subdivision regarding an applicant for housing for a period of at least three years. To the maximum extent permitted by law, any information obtained regarding an applicants criminal history shall remain confidential.(e) A housing provider shall not produce or disseminate any advertisement related to housing that expresses, directly or indirectly, that any person with criminal history will not be considered for the rental or lease of the real property or cannot apply for the rental or lease of real property, unless the housing provider is complying with federal law.(f) The California Housing Finance Agency shall make available to housing providers, in English, Spanish, Mandarin, and all languages spoken by more than 5 percent of the states population, a notice that informs applicants for housing of their rights pursuant to this section. The notice shall contain a description of the prohibitions contained in this section and information about community and public resources available to assist an applicant in connection with a violation of this section. (g) A housing provider shall prominently display the notice described in subdivision (f) in their application materials, on their internet website, and at any rental or leasing office. (h) (1) An applicant for housing who suffers harm as a result of a violation of this section shall have a private right of action for injunctive relief, and actual damages or statutory damages up to three times the amount of one months rent that the housing provider charged for the unit in question at the time of the violation. In addition to actual or statutory damages, a court may award punitive damages if it is proven by clear and convincing evidence that a violation of this section was committed with oppression, fraud, or malice.(2) In an action brought pursuant to this section, the court may award reasonable attorneys fees and costs to the prevailing aggrieved applicant, or to the prevailing housing provider if the lawsuit was deemed by the court to have been frivolous or without merit.(3) The right to file an action pursuant to this section does not require an aggrieved applicant for housing to have filed a prior complaint with any state agency.(4) An aggrieved applicant may designate a close family member, as defined in subdivision (m), as their agent for the purpose of initiating a private right of action in accordance with this section.(i) (1) Affordable housing providers, as defined in subdivision (m), shall annually submit a certificate of compliance with the requirements of this section to the Civil Rights Department in a format determined by the department. The department shall adopt or revise regulations to establish all of the following:(A) The format of the certification.(B) The requirements and standards for determining compliance with this section.(C) A process for receiving and storing records of certification. (2) The Civil Rights Department may impose a civil penalty for failure to comply with this subdivision that does not exceed the reasonable costs of the department to enforce this subdivision.(j) It is a violation of this section to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected in this section, or to take any adverse action against any person because the person exercised, or attempted in good faith to exercise, any right provided herein.(k) Nothing in this section shall prohibit a housing provider from complying with a request by a state agency, or a city, county, or city and county, or an agency thereof, to provide records for purposes of enforcing the requirements of this section.(l) A city, county, or city and county may enact and enforce ordinances that provide greater protections, additional rights, or increased remedies for people with criminal records, or their family members, to access residential tenancies of real property, which shall not be preempted by this section.(m) As used in this section, the following terms have the following meanings:(1) Adverse action means to take any of the following actions based on a persons criminal or conviction history:(A) Failing or refusing to rent or lease housing to an individual.(B) Failing or refusing to continue to rent or lease housing to an individual, including failing or refusing to replace an existing tenant, add a new tenant, or sublet to a subtenant.(C) Reducing a rental subsidy amount or term for any individuals housing.(D) Treating an applicant or tenant differently from other applicants or tenants including, but not limited to, requiring a higher security deposit or higher rent.(E) Treating the person as ineligible for a tenant-based rental assistance program, including, but not limited to, a Section 8 Housing Choice Voucher.(F) Failing or refusing to permit a tenants close family member to occupy a rental unit while the occupying tenant remains in occupancy. (2) Affordable housing means either of the following:(A) Housing that has received or is receiving local, state, or federal funding, tax credits, or other subsidies connected in whole or in part to developing, rehabilitating, restricting rents, subsidizing ownership, or otherwise providing rental housing for extremely low-income, very low income, low income, and moderate- income households, with the exception of housing for which the only public funding received is in the form of a local, state or federal tenant-based voucher, such as through the Section 8 Housing Choice Voucher Program 5 (42 U.S.C. Section 1437f).(B) Housing that is subject to affordability and related requirements pursuant to a state or local below market-rate rental housing program, including, but not limited to, the density bonus law (Section 65915 of the Government Code). (3) Affordable housing provider means any housing provider that owns, master leases, manages, or develops affordable housing, or their agent, such as a property management company, that makes tenancy decisions, and any governmental agency, that makes eligibility decisions for tenant- based rental assistance programs, including, but not limited to, the Section 8 Housing Choice Voucher Program (42 U.S.C. Section 1437f). (4) Aggrieved person means an applicant who believes they were subject to an adverse action; or a tenant who believes they or their close family member was subject to an adverse action based upon the application of an applicant to reside in the family members rental unit; or a tenant who believes that they were subject to an adverse action based upon the failure or refusal to permit a person to reside in the tenants rental unit to replace an existing tenant, add a new tenant, or to sublet to a subtenant. (5) Applicant means a person who does any of the following:(A) Seeks information about, visits, or applies to rent or lease housing.(B) Applies for a tenant-based rental assistance program, including but not limited to the Section 8 Housing Choice Voucher Program (42 U.S.C. Section 1437f).(C) Seeks to be added as a household member to an existing lease for housing.(D) Currently rents or leases housing, with respect to any criminal history that occurred before the start of the persons tenancy. (6) Arrest means a record from any jurisdiction that does not result in a conviction and includes information indicating that a person has been questioned, apprehended, taken into custody or detained, or held for investigation by a law enforcement, police, or prosecutorial agency or charged with, indicted, or tried and acquitted for any felony, misdemeanor, or other criminal offense. (7) Background check report means any report about an applicants criminal history, including, but not limited to, reports produced by the California Department of Justice, the Federal Bureau of Investigation, other law enforcement agencies, courts, or any consumer reporting or tenant screening agency. (8) Close family member means a relative or an extended family member such as a spouse or registered domestic partner, even if the marriage or partnership was terminated by death or dissolution, child, sibling, parent, grandparent, grandchild, aunt, uncle, nephew, niece, grandparent, great- grandparent, great-aunt or great-uncle (grandparents sibling), first cousin, great-grandparents sibling, first cousin once removed (parents first cousin), stepparent or step-sibling, and a nonrelative extended family member such as a close familylike friend, clergy member, foster parent, or neighbor.(9) Conviction means a record from any jurisdiction that includes information indicating that a person has been convicted of a felony, misdemeanor, or other criminal offense and for which the person was placed on probation, fined, imprisoned or paroled. (10) Criminal history means information transmitted orally, or in writing, or by any other means, and obtained from any source, including, but not limited to, the person to whom the information pertains, a governmental agency, or a background check report, regarding one or more convictions or arrests, a conviction that has been sealed, dismissed, vacated, expunged, voided, invalidated, or otherwise rendered inoperative by judicial action or by statute, a determination or adjudication in the juvenile justice system, a matter considered in or processed through the juvenile justice system, or participation in or completion of a diversion or a deferral of judgment program. (11) Housing means any residential rental housing, building, or unit in the State of California, excluding all of the following:(A) Single-family dwellings where one or more owners occupy the dwelling as their principal residence.(B) Single-family dwellings with accessory dwelling units, where either the main or an accessory dwelling unit is occupied by one or more owners as their principal residence.(C) Duplexes or triplexes where one of the units is occupied by one or more owners as their principal residence.(D) Units rented where a landlord or lessor seeks in good faith to recover possession of the rental unit for their occupancy as a principal residence, where the landlord or lessor has previously occupied the rental unit as their principal residence and has the right to recover possession of the unit for their occupancy as a principal residence under an existing rental agreement with the current tenants.(E) Tenant-occupied units where an occupying tenant seeks to replace an existing cotenant, add an additional cotenant, or sublet the unit, provided that the occupying tenant remains in occupancy.(12) Housing provider means any person that owns, master leases, manages, or develops housing in the State of California. For the purpose of this definition, person includes one or more individuals, partnerships, organizations, trade or professional associations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and any political or civil subdivision or agency or instrumentality of the government. In addition, any agent, such as a property management company, that makes tenancy decisions on behalf of the above-described persons, and any governmental agency that makes eligibility decisions for tenant-based rental assistance programs, including, but not limited to, the Section 8 Housing Choice Voucher Program (42 U.S.C. Section 1437f), is a housing provider. |
|---|
| 97 | 97 | | |
|---|
| 98 | 98 | | 1940.37. (a) Except as provided in this section, a housing provider shall not, directly or indirectly, do any of the following unless they are complying with federal law:(1) Inquire about an applicants criminal history.(2) Require an applicant to disclose their criminal history.(3) Require an applicant to authorize the release of their criminal history.(b) A housing provider shall not base any adverse action, in whole or in part, on information contained in an applicants criminal history, if the housing provider received criminal history information about the applicant, unless they are complying with federal law. (c) (1) It is not a violation of this section for a housing provider to comply with federal laws that require the housing provider to automatically exclude tenants based on certain types of criminal history, including, but not limited to federal law mandating ineligibility of dangerous sex offenders for admission to public housing (42 U.S.C. Section 13663(a)) and ineligibility of individuals convicted for manufacturing methamphetamine on the premises of a federally assisted housing unit for admission to public housing and housing choice voucher programs (24 C.F.R. 982.553). However, when complying with those limited federally required exclusions, the housing provider shall not inquire about, require disclosure of, or, if the information is received, review an applicants criminal history until the housing provider informs the applicant in advance that a criminal history check will be conducted and obtains written consent from the applicant to conduct a criminal history check.(2) If an adverse action is based upon the applicants criminal history, the housing provider shall provide a written notice to the applicant that includes the reasons, a list of local legal service providers, and a copy of any background check report. The housing provider shall not require reimbursement or payment from the applicant for the cost of providing the information. The housing provider shall give the applicant an opportunity to respond with rebutting or mitigating information before denying the applicants housing application. (3) A housing provider shall maintain a record of any criminal history obtained pursuant to this subdivision regarding an applicant for housing for a period of at least three years. To the maximum extent permitted by law, any information obtained regarding an applicants criminal history shall remain confidential.(d) (1) In compliance with state law, a housing provider may search for an applicant using the database maintained by the California Department of Justice, pursuant to subdivision (a) of Section 290.4 of the Penal Code, if the housing provider has stated in writing in the rental application that they will do so. A housing provider shall not require disclosure of information contained in the registry unless the housing provider has determined that the applicant is qualified to rent the unit, provided a conditional rental agreement to the applicant, and obtained written consent of the applicant to search for the applicant in the registry.(2) If an adverse action is based on the applicants criminal history contained in the registry, the housing provider shall provide a written notice that includes the reasons, a list of local legal service providers, and a copy of any background check report generated in connection with searching the database. The housing provider shall not require reimbursement or payment from the applicant for the cost of providing the information. The housing provider shall give the applicant an opportunity to respond with rebutting or mitigating information before the denial of the applicants housing application.(3) A housing provider shall maintain a record of any criminal history obtained pursuant to this subdivision regarding an applicant for housing for a period of at least three years. To the maximum extent permitted by law, any information obtained regarding an applicants criminal history shall remain confidential.(e) A housing provider shall not produce or disseminate any advertisement related to housing that expresses, directly or indirectly, that any person with criminal history will not be considered for the rental or lease of the real property or cannot apply for the rental or lease of real property, unless the housing provider is complying with federal law.(f) The California Housing Finance Agency shall make available to housing providers, in English, Spanish, Mandarin, and all languages spoken by more than 5 percent of the states population, a notice that informs applicants for housing of their rights pursuant to this section. The notice shall contain a description of the prohibitions contained in this section and information about community and public resources available to assist an applicant in connection with a violation of this section. (g) A housing provider shall prominently display the notice described in subdivision (f) in their application materials, on their internet website, and at any rental or leasing office. (h) (1) An applicant for housing who suffers harm as a result of a violation of this section shall have a private right of action for injunctive relief, and actual damages or statutory damages up to three times the amount of one months rent that the housing provider charged for the unit in question at the time of the violation. In addition to actual or statutory damages, a court may award punitive damages if it is proven by clear and convincing evidence that a violation of this section was committed with oppression, fraud, or malice.(2) In an action brought pursuant to this section, the court may award reasonable attorneys fees and costs to the prevailing aggrieved applicant, or to the prevailing housing provider if the lawsuit was deemed by the court to have been frivolous or without merit.(3) The right to file an action pursuant to this section does not require an aggrieved applicant for housing to have filed a prior complaint with any state agency.(4) An aggrieved applicant may designate a close family member, as defined in subdivision (m), as their agent for the purpose of initiating a private right of action in accordance with this section.(i) (1) Affordable housing providers, as defined in subdivision (m), shall annually submit a certificate of compliance with the requirements of this section to the Civil Rights Department in a format determined by the department. The department shall adopt or revise regulations to establish all of the following:(A) The format of the certification.(B) The requirements and standards for determining compliance with this section.(C) A process for receiving and storing records of certification. (2) The Civil Rights Department may impose a civil penalty for failure to comply with this subdivision that does not exceed the reasonable costs of the department to enforce this subdivision.(j) It is a violation of this section to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected in this section, or to take any adverse action against any person because the person exercised, or attempted in good faith to exercise, any right provided herein.(k) Nothing in this section shall prohibit a housing provider from complying with a request by a state agency, or a city, county, or city and county, or an agency thereof, to provide records for purposes of enforcing the requirements of this section.(l) A city, county, or city and county may enact and enforce ordinances that provide greater protections, additional rights, or increased remedies for people with criminal records, or their family members, to access residential tenancies of real property, which shall not be preempted by this section.(m) As used in this section, the following terms have the following meanings:(1) Adverse action means to take any of the following actions based on a persons criminal or conviction history:(A) Failing or refusing to rent or lease housing to an individual.(B) Failing or refusing to continue to rent or lease housing to an individual, including failing or refusing to replace an existing tenant, add a new tenant, or sublet to a subtenant.(C) Reducing a rental subsidy amount or term for any individuals housing.(D) Treating an applicant or tenant differently from other applicants or tenants including, but not limited to, requiring a higher security deposit or higher rent.(E) Treating the person as ineligible for a tenant-based rental assistance program, including, but not limited to, a Section 8 Housing Choice Voucher.(F) Failing or refusing to permit a tenants close family member to occupy a rental unit while the occupying tenant remains in occupancy. (2) Affordable housing means either of the following:(A) Housing that has received or is receiving local, state, or federal funding, tax credits, or other subsidies connected in whole or in part to developing, rehabilitating, restricting rents, subsidizing ownership, or otherwise providing rental housing for extremely low-income, very low income, low income, and moderate- income households, with the exception of housing for which the only public funding received is in the form of a local, state or federal tenant-based voucher, such as through the Section 8 Housing Choice Voucher Program 5 (42 U.S.C. Section 1437f).(B) Housing that is subject to affordability and related requirements pursuant to a state or local below market-rate rental housing program, including, but not limited to, the density bonus law (Section 65915 of the Government Code). (3) Affordable housing provider means any housing provider that owns, master leases, manages, or develops affordable housing, or their agent, such as a property management company, that makes tenancy decisions, and any governmental agency, that makes eligibility decisions for tenant- based rental assistance programs, including, but not limited to, the Section 8 Housing Choice Voucher Program (42 U.S.C. Section 1437f). (4) Aggrieved person means an applicant who believes they were subject to an adverse action; or a tenant who believes they or their close family member was subject to an adverse action based upon the application of an applicant to reside in the family members rental unit; or a tenant who believes that they were subject to an adverse action based upon the failure or refusal to permit a person to reside in the tenants rental unit to replace an existing tenant, add a new tenant, or to sublet to a subtenant. (5) Applicant means a person who does any of the following:(A) Seeks information about, visits, or applies to rent or lease housing.(B) Applies for a tenant-based rental assistance program, including but not limited to the Section 8 Housing Choice Voucher Program (42 U.S.C. Section 1437f).(C) Seeks to be added as a household member to an existing lease for housing.(D) Currently rents or leases housing, with respect to any criminal history that occurred before the start of the persons tenancy. (6) Arrest means a record from any jurisdiction that does not result in a conviction and includes information indicating that a person has been questioned, apprehended, taken into custody or detained, or held for investigation by a law enforcement, police, or prosecutorial agency or charged with, indicted, or tried and acquitted for any felony, misdemeanor, or other criminal offense. (7) Background check report means any report about an applicants criminal history, including, but not limited to, reports produced by the California Department of Justice, the Federal Bureau of Investigation, other law enforcement agencies, courts, or any consumer reporting or tenant screening agency. (8) Close family member means a relative or an extended family member such as a spouse or registered domestic partner, even if the marriage or partnership was terminated by death or dissolution, child, sibling, parent, grandparent, grandchild, aunt, uncle, nephew, niece, grandparent, great- grandparent, great-aunt or great-uncle (grandparents sibling), first cousin, great-grandparents sibling, first cousin once removed (parents first cousin), stepparent or step-sibling, and a nonrelative extended family member such as a close familylike friend, clergy member, foster parent, or neighbor.(9) Conviction means a record from any jurisdiction that includes information indicating that a person has been convicted of a felony, misdemeanor, or other criminal offense and for which the person was placed on probation, fined, imprisoned or paroled. (10) Criminal history means information transmitted orally, or in writing, or by any other means, and obtained from any source, including, but not limited to, the person to whom the information pertains, a governmental agency, or a background check report, regarding one or more convictions or arrests, a conviction that has been sealed, dismissed, vacated, expunged, voided, invalidated, or otherwise rendered inoperative by judicial action or by statute, a determination or adjudication in the juvenile justice system, a matter considered in or processed through the juvenile justice system, or participation in or completion of a diversion or a deferral of judgment program. (11) Housing means any residential rental housing, building, or unit in the State of California, excluding all of the following:(A) Single-family dwellings where one or more owners occupy the dwelling as their principal residence.(B) Single-family dwellings with accessory dwelling units, where either the main or an accessory dwelling unit is occupied by one or more owners as their principal residence.(C) Duplexes or triplexes where one of the units is occupied by one or more owners as their principal residence.(D) Units rented where a landlord or lessor seeks in good faith to recover possession of the rental unit for their occupancy as a principal residence, where the landlord or lessor has previously occupied the rental unit as their principal residence and has the right to recover possession of the unit for their occupancy as a principal residence under an existing rental agreement with the current tenants.(E) Tenant-occupied units where an occupying tenant seeks to replace an existing cotenant, add an additional cotenant, or sublet the unit, provided that the occupying tenant remains in occupancy.(12) Housing provider means any person that owns, master leases, manages, or develops housing in the State of California. For the purpose of this definition, person includes one or more individuals, partnerships, organizations, trade or professional associations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and any political or civil subdivision or agency or instrumentality of the government. In addition, any agent, such as a property management company, that makes tenancy decisions on behalf of the above-described persons, and any governmental agency that makes eligibility decisions for tenant-based rental assistance programs, including, but not limited to, the Section 8 Housing Choice Voucher Program (42 U.S.C. Section 1437f), is a housing provider. |
|---|
| 99 | 99 | | |
|---|
| 100 | 100 | | |
|---|
| 101 | 101 | | |
|---|
| 102 | 102 | | 1940.37. (a) Except as provided in this section, a housing provider shall not, directly or indirectly, do any of the following unless they are complying with federal law: |
|---|
| 103 | 103 | | |
|---|
| 104 | 104 | | (1) Inquire about an applicants criminal history. |
|---|
| 105 | 105 | | |
|---|
| 106 | 106 | | (2) Require an applicant to disclose their criminal history. |
|---|
| 107 | 107 | | |
|---|
| 108 | 108 | | (3) Require an applicant to authorize the release of their criminal history. |
|---|
| 109 | 109 | | |
|---|
| 110 | 110 | | (b) A housing provider shall not base any adverse action, in whole or in part, on information contained in an applicants criminal history, if the housing provider received criminal history information about the applicant, unless they are complying with federal law. |
|---|
| 111 | 111 | | |
|---|
| 112 | 112 | | (c) (1) It is not a violation of this section for a housing provider to comply with federal laws that require the housing provider to automatically exclude tenants based on certain types of criminal history, including, but not limited to federal law mandating ineligibility of dangerous sex offenders for admission to public housing (42 U.S.C. Section 13663(a)) and ineligibility of individuals convicted for manufacturing methamphetamine on the premises of a federally assisted housing unit for admission to public housing and housing choice voucher programs (24 C.F.R. 982.553). However, when complying with those limited federally required exclusions, the housing provider shall not inquire about, require disclosure of, or, if the information is received, review an applicants criminal history until the housing provider informs the applicant in advance that a criminal history check will be conducted and obtains written consent from the applicant to conduct a criminal history check. |
|---|
| 113 | 113 | | |
|---|
| 114 | 114 | | (2) If an adverse action is based upon the applicants criminal history, the housing provider shall provide a written notice to the applicant that includes the reasons, a list of local legal service providers, and a copy of any background check report. The housing provider shall not require reimbursement or payment from the applicant for the cost of providing the information. The housing provider shall give the applicant an opportunity to respond with rebutting or mitigating information before denying the applicants housing application. |
|---|
| 115 | 115 | | |
|---|
| 116 | 116 | | (3) A housing provider shall maintain a record of any criminal history obtained pursuant to this subdivision regarding an applicant for housing for a period of at least three years. To the maximum extent permitted by law, any information obtained regarding an applicants criminal history shall remain confidential. |
|---|
| 117 | 117 | | |
|---|
| 118 | 118 | | (d) (1) In compliance with state law, a housing provider may search for an applicant using the database maintained by the California Department of Justice, pursuant to subdivision (a) of Section 290.4 of the Penal Code, if the housing provider has stated in writing in the rental application that they will do so. A housing provider shall not require disclosure of information contained in the registry unless the housing provider has determined that the applicant is qualified to rent the unit, provided a conditional rental agreement to the applicant, and obtained written consent of the applicant to search for the applicant in the registry. |
|---|
| 119 | 119 | | |
|---|
| 120 | 120 | | (2) If an adverse action is based on the applicants criminal history contained in the registry, the housing provider shall provide a written notice that includes the reasons, a list of local legal service providers, and a copy of any background check report generated in connection with searching the database. The housing provider shall not require reimbursement or payment from the applicant for the cost of providing the information. The housing provider shall give the applicant an opportunity to respond with rebutting or mitigating information before the denial of the applicants housing application. |
|---|
| 121 | 121 | | |
|---|
| 122 | 122 | | (3) A housing provider shall maintain a record of any criminal history obtained pursuant to this subdivision regarding an applicant for housing for a period of at least three years. To the maximum extent permitted by law, any information obtained regarding an applicants criminal history shall remain confidential. |
|---|
| 123 | 123 | | |
|---|
| 124 | 124 | | (e) A housing provider shall not produce or disseminate any advertisement related to housing that expresses, directly or indirectly, that any person with criminal history will not be considered for the rental or lease of the real property or cannot apply for the rental or lease of real property, unless the housing provider is complying with federal law. |
|---|
| 125 | 125 | | |
|---|
| 126 | 126 | | (f) The California Housing Finance Agency shall make available to housing providers, in English, Spanish, Mandarin, and all languages spoken by more than 5 percent of the states population, a notice that informs applicants for housing of their rights pursuant to this section. The notice shall contain a description of the prohibitions contained in this section and information about community and public resources available to assist an applicant in connection with a violation of this section. |
|---|
| 127 | 127 | | |
|---|
| 128 | 128 | | (g) A housing provider shall prominently display the notice described in subdivision (f) in their application materials, on their internet website, and at any rental or leasing office. |
|---|
| 129 | 129 | | |
|---|
| 130 | 130 | | (h) (1) An applicant for housing who suffers harm as a result of a violation of this section shall have a private right of action for injunctive relief, and actual damages or statutory damages up to three times the amount of one months rent that the housing provider charged for the unit in question at the time of the violation. In addition to actual or statutory damages, a court may award punitive damages if it is proven by clear and convincing evidence that a violation of this section was committed with oppression, fraud, or malice. |
|---|
| 131 | 131 | | |
|---|
| 132 | 132 | | (2) In an action brought pursuant to this section, the court may award reasonable attorneys fees and costs to the prevailing aggrieved applicant, or to the prevailing housing provider if the lawsuit was deemed by the court to have been frivolous or without merit. |
|---|
| 133 | 133 | | |
|---|
| 134 | 134 | | (3) The right to file an action pursuant to this section does not require an aggrieved applicant for housing to have filed a prior complaint with any state agency. |
|---|
| 135 | 135 | | |
|---|
| 136 | 136 | | (4) An aggrieved applicant may designate a close family member, as defined in subdivision (m), as their agent for the purpose of initiating a private right of action in accordance with this section. |
|---|
| 137 | 137 | | |
|---|
| 138 | 138 | | (i) (1) Affordable housing providers, as defined in subdivision (m), shall annually submit a certificate of compliance with the requirements of this section to the Civil Rights Department in a format determined by the department. The department shall adopt or revise regulations to establish all of the following: |
|---|
| 139 | 139 | | |
|---|
| 140 | 140 | | (A) The format of the certification. |
|---|
| 141 | 141 | | |
|---|
| 142 | 142 | | (B) The requirements and standards for determining compliance with this section. |
|---|
| 143 | 143 | | |
|---|
| 144 | 144 | | (C) A process for receiving and storing records of certification. |
|---|
| 145 | 145 | | |
|---|
| 146 | 146 | | (2) The Civil Rights Department may impose a civil penalty for failure to comply with this subdivision that does not exceed the reasonable costs of the department to enforce this subdivision. |
|---|
| 147 | 147 | | |
|---|
| 148 | 148 | | (j) It is a violation of this section to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected in this section, or to take any adverse action against any person because the person exercised, or attempted in good faith to exercise, any right provided herein. |
|---|
| 149 | 149 | | |
|---|
| 150 | 150 | | (k) Nothing in this section shall prohibit a housing provider from complying with a request by a state agency, or a city, county, or city and county, or an agency thereof, to provide records for purposes of enforcing the requirements of this section. |
|---|
| 151 | 151 | | |
|---|
| 152 | 152 | | (l) A city, county, or city and county may enact and enforce ordinances that provide greater protections, additional rights, or increased remedies for people with criminal records, or their family members, to access residential tenancies of real property, which shall not be preempted by this section. |
|---|
| 153 | 153 | | |
|---|
| 154 | 154 | | (m) As used in this section, the following terms have the following meanings: |
|---|
| 155 | 155 | | |
|---|
| 156 | 156 | | (1) Adverse action means to take any of the following actions based on a persons criminal or conviction history: |
|---|
| 157 | 157 | | |
|---|
| 158 | 158 | | (A) Failing or refusing to rent or lease housing to an individual. |
|---|
| 159 | 159 | | |
|---|
| 160 | 160 | | (B) Failing or refusing to continue to rent or lease housing to an individual, including failing or refusing to replace an existing tenant, add a new tenant, or sublet to a subtenant. |
|---|
| 161 | 161 | | |
|---|
| 162 | 162 | | (C) Reducing a rental subsidy amount or term for any individuals housing. |
|---|
| 163 | 163 | | |
|---|
| 164 | 164 | | (D) Treating an applicant or tenant differently from other applicants or tenants including, but not limited to, requiring a higher security deposit or higher rent. |
|---|
| 165 | 165 | | |
|---|
| 166 | 166 | | (E) Treating the person as ineligible for a tenant-based rental assistance program, including, but not limited to, a Section 8 Housing Choice Voucher. |
|---|
| 167 | 167 | | |
|---|
| 168 | 168 | | (F) Failing or refusing to permit a tenants close family member to occupy a rental unit while the occupying tenant remains in occupancy. |
|---|
| 169 | 169 | | |
|---|
| 170 | 170 | | (2) Affordable housing means either of the following: |
|---|
| 171 | 171 | | |
|---|
| 172 | 172 | | (A) Housing that has received or is receiving local, state, or federal funding, tax credits, or other subsidies connected in whole or in part to developing, rehabilitating, restricting rents, subsidizing ownership, or otherwise providing rental housing for extremely low-income, very low income, low income, and moderate- income households, with the exception of housing for which the only public funding received is in the form of a local, state or federal tenant-based voucher, such as through the Section 8 Housing Choice Voucher Program 5 (42 U.S.C. Section 1437f). |
|---|
| 173 | 173 | | |
|---|
| 174 | 174 | | (B) Housing that is subject to affordability and related requirements pursuant to a state or local below market-rate rental housing program, including, but not limited to, the density bonus law (Section 65915 of the Government Code). |
|---|
| 175 | 175 | | |
|---|
| 176 | 176 | | (3) Affordable housing provider means any housing provider that owns, master leases, manages, or develops affordable housing, or their agent, such as a property management company, that makes tenancy decisions, and any governmental agency, that makes eligibility decisions for tenant- based rental assistance programs, including, but not limited to, the Section 8 Housing Choice Voucher Program (42 U.S.C. Section 1437f). |
|---|
| 177 | 177 | | |
|---|
| 178 | 178 | | (4) Aggrieved person means an applicant who believes they were subject to an adverse action; or a tenant who believes they or their close family member was subject to an adverse action based upon the application of an applicant to reside in the family members rental unit; or a tenant who believes that they were subject to an adverse action based upon the failure or refusal to permit a person to reside in the tenants rental unit to replace an existing tenant, add a new tenant, or to sublet to a subtenant. |
|---|
| 179 | 179 | | |
|---|
| 180 | 180 | | (5) Applicant means a person who does any of the following: |
|---|
| 181 | 181 | | |
|---|
| 182 | 182 | | (A) Seeks information about, visits, or applies to rent or lease housing. |
|---|
| 183 | 183 | | |
|---|
| 184 | 184 | | (B) Applies for a tenant-based rental assistance program, including but not limited to the Section 8 Housing Choice Voucher Program (42 U.S.C. Section 1437f). |
|---|
| 185 | 185 | | |
|---|
| 186 | 186 | | (C) Seeks to be added as a household member to an existing lease for housing. |
|---|
| 187 | 187 | | |
|---|
| 188 | 188 | | (D) Currently rents or leases housing, with respect to any criminal history that occurred before the start of the persons tenancy. |
|---|
| 189 | 189 | | |
|---|
| 190 | 190 | | (6) Arrest means a record from any jurisdiction that does not result in a conviction and includes information indicating that a person has been questioned, apprehended, taken into custody or detained, or held for investigation by a law enforcement, police, or prosecutorial agency or charged with, indicted, or tried and acquitted for any felony, misdemeanor, or other criminal offense. |
|---|
| 191 | 191 | | |
|---|
| 192 | 192 | | (7) Background check report means any report about an applicants criminal history, including, but not limited to, reports produced by the California Department of Justice, the Federal Bureau of Investigation, other law enforcement agencies, courts, or any consumer reporting or tenant screening agency. |
|---|
| 193 | 193 | | |
|---|
| 194 | 194 | | (8) Close family member means a relative or an extended family member such as a spouse or registered domestic partner, even if the marriage or partnership was terminated by death or dissolution, child, sibling, parent, grandparent, grandchild, aunt, uncle, nephew, niece, grandparent, great- grandparent, great-aunt or great-uncle (grandparents sibling), first cousin, great-grandparents sibling, first cousin once removed (parents first cousin), stepparent or step-sibling, and a nonrelative extended family member such as a close familylike friend, clergy member, foster parent, or neighbor. |
|---|
| 195 | 195 | | |
|---|
| 196 | 196 | | (9) Conviction means a record from any jurisdiction that includes information indicating that a person has been convicted of a felony, misdemeanor, or other criminal offense and for which the person was placed on probation, fined, imprisoned or paroled. |
|---|
| 197 | 197 | | |
|---|
| 198 | 198 | | (10) Criminal history means information transmitted orally, or in writing, or by any other means, and obtained from any source, including, but not limited to, the person to whom the information pertains, a governmental agency, or a background check report, regarding one or more convictions or arrests, a conviction that has been sealed, dismissed, vacated, expunged, voided, invalidated, or otherwise rendered inoperative by judicial action or by statute, a determination or adjudication in the juvenile justice system, a matter considered in or processed through the juvenile justice system, or participation in or completion of a diversion or a deferral of judgment program. |
|---|
| 199 | 199 | | |
|---|
| 200 | 200 | | (11) Housing means any residential rental housing, building, or unit in the State of California, excluding all of the following: |
|---|
| 201 | 201 | | |
|---|
| 202 | 202 | | (A) Single-family dwellings where one or more owners occupy the dwelling as their principal residence. |
|---|
| 203 | 203 | | |
|---|
| 204 | 204 | | (B) Single-family dwellings with accessory dwelling units, where either the main or an accessory dwelling unit is occupied by one or more owners as their principal residence. |
|---|
| 205 | 205 | | |
|---|
| 206 | 206 | | (C) Duplexes or triplexes where one of the units is occupied by one or more owners as their principal residence. |
|---|
| 207 | 207 | | |
|---|
| 208 | 208 | | (D) Units rented where a landlord or lessor seeks in good faith to recover possession of the rental unit for their occupancy as a principal residence, where the landlord or lessor has previously occupied the rental unit as their principal residence and has the right to recover possession of the unit for their occupancy as a principal residence under an existing rental agreement with the current tenants. |
|---|
| 209 | 209 | | |
|---|
| 210 | 210 | | (E) Tenant-occupied units where an occupying tenant seeks to replace an existing cotenant, add an additional cotenant, or sublet the unit, provided that the occupying tenant remains in occupancy. |
|---|
| 211 | 211 | | |
|---|
| 212 | 212 | | (12) Housing provider means any person that owns, master leases, manages, or develops housing in the State of California. For the purpose of this definition, person includes one or more individuals, partnerships, organizations, trade or professional associations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and any political or civil subdivision or agency or instrumentality of the government. In addition, any agent, such as a property management company, that makes tenancy decisions on behalf of the above-described persons, and any governmental agency that makes eligibility decisions for tenant-based rental assistance programs, including, but not limited to, the Section 8 Housing Choice Voucher Program (42 U.S.C. Section 1437f), is a housing provider. |
|---|
| 213 | 213 | | |
|---|
| 214 | 214 | | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
|---|
| 215 | 215 | | |
|---|
| 216 | 216 | | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
|---|
| 217 | 217 | | |
|---|
| 218 | 218 | | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
|---|
| 219 | 219 | | |
|---|
| 220 | 220 | | ### SEC. 4. |
|---|