CALIFORNIA: A PATCHWORK OF LOCAL RULES
California illustrates how dramatically criminal-screening laws can vary from one jurisdiction to another. While there is no statewide prohibition on criminal background checks for all rental housing, several cities and counties have adopted fair chance housing ordinances that significantly restrict their use. At the time of this writing, jurisdictions such as Oakland, Berkeley, some portions of Alameda County and certain other California municipalities have adopted rules that may prohibit or severely limit criminal-history inquiries during the tenant-selection process. Landlords operating in California should pay close attention to local requirements.
Key takeaway for CA landlords:
Rules may vary significantly from city to city. Some jurisdictions restrict or prohibit criminal-history screening. Screening practices that are legal in one city may not be legal in another.
NEW JERSEY: THE CONDITIONAL OFFER APPROACH
New Jersey’s Fair Chance in Housing Act follows a different model. Rather than allowing criminal-history questions at the start of the application process, the law generally requires landlords to evaluate applicants on traditional rental qualifications first. Only after a conditional offer has been made may certain criminal-history information be considered, subject to legal restrictions.
Key takeaway for NJ landlords:
Criminal history generally cannot be reviewed during the initial application stage. Income, employment, credit, and rental history typically come first. Additional restrictions apply once criminal history is considered.
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