Apartment Trends Magazine August 2015 | Page 33

CALIFORNIA BILL TO RESTRICT CRIMINAL BACKGROUND CHECKS HALTED A California bill that would have extended housing protections to ex-offenders has been held over for consideration in 2016 after the sponsor, Assemblyman Reggie Sawyer-Jones (D), requested the Appropriations Committee cancel its scheduled hearing. The bill will receive no further action during the 2015 session. Assembly Bill 396 has undergone several amendments since its introduction earlier this year. In its most recent form, the bill provides that it is a Fair Housing violation for property owners to inquire about a potential tenant’s criminal record during the initial application phase, unless otherwise required by state or federal law. Property owners must disclose their screening policies relevant to criminal background to potential tenants, and the owners may request a criminal background check after the successful completion of the initial application phase. Additionally, it releases property owners from liability, whether they accept or deny a potential tenant with a criminal record, so long as they have followed the notification procedures provided in the bill. The amendments also removed a provision that gave applicants a 14-day period to provide evidence of inaccuracies in their criminal record or evidence of rehabilitation, forcing the owner to hold the unit vacant for that time. According the National Employment Law Project, more than 100 cities and counties have adopted “ban the box” provisions that prohibit employers from inquiring about an applicant’s criminal record until after the initial application process. However, as yet, no jurisdictions have passed legislation that would replicate these provisions for rental housing. Members of the rental housing industry continue to oppose the bill. NEW TEXAS LAW PREEMPTS LOCAL SECTION 8 MANDATES FLAGS BY SUSAN WWW.FLAGSBYSUSAN.COM ORDER ONLINE TODAY! • Custom Flags • Affordable Flagpoles for Apartments • No Helium Balloons • Banners / Signs • Quality U.S., State and Country Flags (303) 317-3612 Expertise A new law signed by Texas Gov. Greg Abbott (R) will prevent Texas cities from enacting local ordinances that require rental property owners to take tenants regardless of their source of income. The city of Austin passed such an ordinance last year, effectively making participation in the federal Housing Choice Voucher Program (Section 8) mandatory by making source of income a protected class. Touted as a way to expand access to affordable housing, the ordinance was challenged by groups including the Austin and Texas Apartment Associations (TAA). TAA strongly supported the legislation, which also prevents Austin from enforcing its mandatory Section 8 ordinance. According to the bill, municipalities may establish incentive or voluntary programs that encourage property owners to accept federal housing vouchers. The bill contains one exception specific to military veterans. Participants in the Veterans Affairs Supportive Housing program may not be denied rental housing on the grounds of source of income. Gov. Abbott signed the bill June 19; the law took effect immediately upon his signature. Currently, 11 states, the District of Columbia and at least 50 localities prohibit housing discrimination on the basis of source of income. Integrity communication ready for a new approach? www.Silva-Markham.com a step up in property management 303.835.8181 www.aamdhq.org AUGUST 2015 • TRENDS | 31