Liability for Renting to Persons with Criminal Records
The passage of this bill represents a notable shift in the relationship between landlords and prospective tenants with criminal histories. By limiting the liability for landlords, it addresses concerns about discrimination against individuals with criminal records and potentially increases their access to housing. However, this change is balanced by ensuring that landlords will still face liability if they knowingly rent to individuals with serious criminal charges, such as violent offenses or those that require registration as a sexual offender.
House Bill 0093, which relates to liability for renting to persons with criminal records, aims to provide certain protections to landlords in Florida. This bill specifies that landlords, as well as their managers and agents, will not face liability solely for renting to tenants who have alluded to a criminal record, effectively encouraging more rental opportunities for those with past convictions. The legislation creates Section 83.555 of the Florida Statutes, outlining the circumstances under which liability can arise, while simultaneously providing clear exceptions related to serious criminal offenses.
While proponents argue that HB 0093 will help reintegrate formerly incarcerated individuals by offering them housing opportunities, detractors suggest that it may expose landlords to undue risk. There are concerns that this legislation could lead to untenable situations where landlords are obligated to rent to individuals with potentially dangerous criminal backgrounds, should they not be made aware of these records. This tension highlights the ongoing debate about the balance between protecting tenant rights and ensuring community safety.
The bill is set to take effect on July 1, 2023, allowing landlords to familiarize themselves with the new provisions and adjust their rental practices accordingly.