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
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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.
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AUGUST 2015 • TRENDS | 31