Texas Senate Bill SB1288

Texas 2021 - 87th Regular

Caption

Relating to criminal history screening of applicants for residential tenancies; imposing civil penalties.

Impact

The bill significantly alters how landlords evaluate rental applications, particularly concerning individuals with a criminal record. By prohibiting the consideration of arrests or convictions that are not a criminal histores, the legislation encourages a more equitable approach to tenancy, potentially improving housing access for low-income individuals who may have prior convictions. The requirement for individualized assessments allows landlords to consider an applicant’s circumstances, such as the nature of the offense and evidence of rehabilitation, reflecting a shift toward a more rehabilitative justice system.

Summary

SB1288 is a legislative bill focusing on the criminal history screening of applicants for residential tenancies in Texas. It amends existing property law to restrict landlords from inquiring into an applicant's criminal history unless there has been a conviction. This change aims to support individuals with criminal backgrounds by preventing blanket rental bans based solely on prior convictions, thus promoting fair housing practices. Landlords must also provide written notice about their tenant selection criteria to applicants, ensuring transparency in the screening process.

Contention

Some points of contention surrounding SB1288 stem from the complexities of balancing landlord rights with tenant protections. Critics may argue that limiting a landlord's ability to consider criminal histories could impact the safety of their properties and tenants. Supporters, however, emphasize that this bill recognizes the importance of rehabilitation and integrating formerly incarcerated individuals into society, positing that housing stability is crucial for reducing recidivism rates. As such, the discussions around the bill highlight broader societal issues related to the criminal justice system and housing equity.