California AB 53: Rental housing unlawful housing practices: applications: criminal records.

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 |Add To My Favorites | Version: 04/22/19 - Amended Assembly
 12/03/18 - Introduced

 AB-53 Rental housing unlawful housing practices: applications: criminal records.(2019-2020)

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 Date Published: 04/22/2019 09:00 PM

AB53:v98#DOCUMENTBill Start

 Amended
 IN 
 Assembly
 April 22, 2019

 CALIFORNIA LEGISLATURE—
 2019–2020 REGULAR SESSION

 Assembly Bill

No. 53

Introduced by Assembly Members Jones-Sawyer and Bonta

December 03, 2018

 An act to amend Section 12955 12955.8 of, and to add Section 12955.05 to, the Government Code, relating to rental housing.

LEGISLATIVE COUNSEL'S DIGEST

AB 53, as amended, Jones-Sawyer.
 Rental housing discrimination: unlawful housing practices: applications: criminal records.

Existing law law, the California Fair Employment and Housing Act, generally prohibits housing discrimination with respect to the personal characteristics of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information.

This bill would make it unlawful for the owner of any rental housing accommodation to deny the rental or lease of a housing accommodation without first satisfying specified requirements relating to the application process. The bill
 would prohibit an unlawful housing practice for the owner of a rental housing accommodation from inquiring to inquire about, or requiring require an applicant for a rental housing accommodation to disclose, a criminal record during the initial application assessment phase, as defined, unless otherwise required by state or federal law. The bill would permit an owner of a rental housing accommodation, after the
 successful completion of the initial application assessment phase, to request a criminal background check of the applicant and consider an applicant’s criminal record in deciding whether to rent or lease to the applicant. The bill would require the owner of a rental housing accommodation who is considering denying an application to rent or lease on the basis of the applicant’s criminal record, to, within 5 days of receiving the information that is the basis of the potential
 possible denial, provide the applicant with a written statement listing the reasons for the possible denial before making a final decision. If, within 14 2 days of receipt of the written statement of the potential possible denial, the applicant provides the owner notice of evidence demonstrating the inaccuracy of the item or items within the applicant’s criminal record or evidence of rehabilitation or other mitigating factors, as specified, the bill would require the owner to reconsider his or her
 their decision for a specified time, and would require the owner to provide written notification to the applicant of his or her the owner’s final decision to deny the application. The bill would prohibit the owner of the rental housing accommodation from requiring in an application for a rental housing accommodation or as otherwise part of the application process disclosure of, or, if such information is received, denying a dwelling based in whole or in part on specified information or occurrences, including, among others, arrests that did not result in conviction,
 convictions that have been voided, and juvenile justice determinations. The bill would also require an owner of a rental housing accommodation that uses criminal records as part of the screening criteria to evaluate an applicant to include a notice, as provided, in the application for tenancy of a rental housing accommodation.

 The act provides that, in connection with specified unlawful practices related to housing discrimination, proof of a violation causing a discriminatory effect is shown if an act or failure to act has the effect, regardless of intent, of unlawfully discriminating on the basis of a person’s race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation. The
 act provides that a business establishment whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of the act if the business establishment can estab