A California county has become the first in the nation to pass a law banning landlords from conducting criminal background checks on applicants, a significant move aimed at curbing housing discrimination against incarcerated people.
The Alameda County Board of Supervisors in the San Francisco Bay Area voted Tuesday to adopt a Fair Chance housing ordinance, which would prohibit landlords in private and public housing from using criminal records when considering future tenants. While a few cities have passed similar measures, and at least two counties have adopted partial restrictions, Alameda is the first county in the United States to broadly ban the practice, advocates say.
The Fair Chance law – approved with four yes votes and a fifth supervisor abstaining – also prohibits advertising owners that people with a criminal history should not apply, and states that an individual with a criminal record cannot be prohibited from move with a family member. The law, which needs a second vote to be formally adopted, applies only to the unincorporated parts of the county, which includes San Lorenzo, Castro Valley, Sunol, Fairview and Ashland; the cities of Oakland and Berkeley, which are part of Alameda County, previously passed municipal laws banning criminal background checks for housing.
The initiative is part of a growing movement in California and across the country to reverse the harsh treatment of people with criminal records, with tens of millions of people in the United States denied access to jobs, the housing, benefits, education and other fundamental rights because of old beliefs. In California, an estimated 8 million people have a criminal record, about one in five residents. More than 5,000 people are on probation or parole in Alameda County.
The legislation also comes amid a worsening homelessness catastrophe in the state, which research suggests is exacerbated by the housing barriers people face when they leave prison. A survey by the University of California, Berkeley, in 2019 estimated that 73% of people living in the camps of Oakland were previously incarcerated, the San Francisco Chronicle reported. Of the 9,700 homeless people counted in Alameda County’s 2022 survey, 30% said they had interactions with the criminal justice system in the past year, with 7% directly attributing their homelessness to the incarceration.
“There’s this pipeline going from prison to our streets and into homelessness,” said Margaretta Wan-Ling Lin, executive director of Just Cities, an organization that supports the ordinance. “Our nation is going through a reckoning around our history of racism and mass incarceration policies, and an important part of repairing that damage is removing the stigma and structural discrimination against people with a record criminal”.
When housing providers reject tenants based on their records, it can also prevent families from reuniting after a prison sentence, advocates said.
“I committed a crime and went to prison, and I paid my debt. So why punish my family?” said Lee “Taqwaa” Bonner, a policy outreach manager with the Fair Chance campaign and a housing advocate with the group All Of Us Or None. When he got out of prison, he said, he couldn’t live with his parents because of his record. “You start to lose your faith in humanity, and you get into a state of depression. How can I be a productive father and a productive son, if I can’t get a good night’s sleep?”
Bonner noted that when people re-enter society, they are typically expected to live in their hometowns, but struggle to find a place to accept: “You can’t live where you were born and raised.
“Let’s put our politics aside and do our part to end homelessness,” he added.
Lin, who is also a researcher at UC Berkeley, conducted a preliminary survey of 41 people incarcerated last year to evaluate the Fair Chance ordinances that were passed in Berkeley and Oakland in 2020; 33% of respondents said they were able to find housing for themselves or with their family as a direct result of the new protections, he said.
Seattle and Portland also passed Fair Chance laws. Cook County in Illinois has adopted a law aimed at preventing discrimination by requiring landlords to complete an individualized evaluation, but they are also allowed to use criminal records. The Fair Chance ordinance of the city and county of San Francisco is limited to affordable housing, and also allows landlords to consider convictions that are considered “directly related” to the safety of the property. California lawmakers have also introduced a statewide bill to ban background checks for housing.
Alameda County’s new ordinance allows landlords to review sex offender records. While some landlords have opposed the law, arguing that background checks are an important safety measure, proponents note that landlords still have wide discretion in how they select tenants, and that the ordinance allows to tenants to be considered based on the merits of their applications.
The new law is set to go into effect when the county’s Covid evacuation moratorium expires at the end of April.
How far back does a standard DBS check go? Standard DBS checks can go as far as possible as there is no limit. This is because they show everything that a basic does, as well as spent and unspent beliefs.
How much is a background check in Kentucky?
Cost is $20, check or money order. No cash. See individual form for additional instructions and mailing address.
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- â TruthFinderâ Best overall background check site.
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What’s included in the background check?
Criminal background checks will reveal felony and misdemeanor criminal convictions, any pending criminal cases, and any history of incarceration as an adult. Arrests pending prosecution may also be reported, and in some cases, arrests that did not lead to a criminal conviction may also appear.
What shows on an employment background check?
In general, an employment background check may include identity verification, employment verification, credit history, driving history, criminal records, education verification, and more.
What causes a red flag on a background check?
If there is a felony on your criminal record, it could be a red flag for employers. A history of violent crimes, sexual offenses, robbery, or serious drug offenses can make it difficult to pass a background check. However, it may still be possible to get a job even if you have a criminal record.
How long do background checks take in KY?
Kentucky — Name Based KSP allows the general public to obtain adult criminal history on individuals with their permission. This process can be completed by mail or walk-in at our physical location. For sending mail, it takes an average of 10 working days to complete.
How far back do background checks go in KY?
How Old Does a Background Check Take? The Fair Credit Reporting Act (FCRA) that governs national background checks only allows a review of the last 7 years.
How long do most employment background checks take?
Typically, a background check should take between two and five business days. That said, each individual’s story is different and factors can extend this period. Fortunately, there are two main ways to prevent delays in the process.
How to get a background check?
Go to your local police department where you are or last resided in the United States, ask the police to do a local or state criminal records search and provide you with a document that reflects that there is no history of a record penal.
How much is a background check in GA?
How much does it cost and who pays for it? The cost to complete a National Fingerprint Verification is $52.75. The law is silent on who is responsible for paying this fee.
How much is a background check in Ohio?
What is the cost for a background check? The current cost for the BCI background check is $30; the cost of the FBI verification is $28.
What shows up on a PA background check?
Our pre-employment background checks include criminal records from other states, the federal government and Pennsylvania. We also provide checks on your candidates’ employment history and educational qualifications, as well as other types of background reports.
What does a Pennsylvania background check show? In general, an employer can ask for any criminal information. However, because Pennsylvania allows employers to consider only felony and misdemeanor convictions for hiring decisions, it is best to ask only on an application or in an interview about a felony or misdemeanor conviction.
How long does a felony show up in a background check in PA?
Covered employers may only consider convictions within the last seven years [from the date of disposition or release from confinement whichever is later], and may not consider any convictions, regardless of when they occurred.
How long do PA background checks last?
PA laws requiring mandated background checks will require many Scouting volunteers to get 2, possibly 3, background checks and they must be renewed every five years.
How far back does a criminal background check go in PA?
State law places no restrictions on how far back a criminal background check goes in Pennsylvania, and allows employers to consider relevant convictions, no matter how old, when making a hiring decision.
What things are looked at in a background check?
In general, an employment background check may include identity verification, employment verification, credit history, driving history, criminal records, education verification, and more.
What all shows up on a background check?
Criminal background checks will reveal felony and misdemeanor criminal convictions, any pending criminal cases, and any history of incarceration as an adult. Arrests pending prosecution may also be reported, and in some cases, arrests that did not lead to a criminal conviction may also appear.
Why do landlords not accept you?
What you need to know is who has a bad credit history. In general, if someone has trouble paying their bills on time, they will likely have trouble paying them on time as well. If someone has a criminal record, it is perfectly acceptable to refuse them on that basis.
What do you refuse for an apartment? Landlords and landlords generally look for tenants with a credit score above 670. Landlords can also look at any debts or loans you have. Having a bad credit score can get your rental application denied. If you have a bad credit history, get a letter of recommendation, or ask someone to co-sign with you (like us).
Can I ask why my rental application was denied?
There is no formal appeal process, however, if you think your application has been incorrectly denied, you can certainly follow up with the leasing agent, property manager, or landlord and ask them to provide an additional clarification or information that can help change his mind in approval. your application.
What credit score will get you denied for an apartment?
When applying to rent an apartment, you can expect almost all landlords to run a credit check. As a general rule, you want a credit score of 620 or higher to secure a rental.
How do you respond to an apartment rejection?
If you think that providing the apartment manager or the owner more detail could convince them to accept you, try to write a letter to appeal the refusal. They do not need to reconsider, but if you have good reasons to appeal, they may be willing to take another look at your request.
What are red flags to landlords?
Bad credit, history of evictions and a negative criminal record are obvious red flags when reviewing applications for your rental property. Bad Credit â Reviewing your applicants credit history and debt obligations can give you an idea of their ability to pay rent on time, every time.
What are red flags for renters?
They Have a Previous Eviction This is one of the biggest red flags tenants to look for! An eviction is the biggest rent crime there is. Landlords don’t evict tenants unless it’s for something really serious, like non-payment of rent, drugs or property damage.
How to get around 3 times rent?
Provide a better security deposit: If you can’t pay three times the rent, offer a higher security deposit than the landlord can count on. Get a co-signer: Find someone to vouch for you when you talk to the landlord. Looking for a roommate: Find an empty room available for rent in an apartment.
Why make 3 times the rent?
Why do most landlords want tenants to earn 3x the rent? Because it is a (crude, but often generally accurate) indicator of whether tenants can afford the rent. If someone earns three times the rent, it is quite likely that they can afford to live there. And this is important (very important) for a boss.
How to make 3 times the rent?
If the monthly rent for an apartment is $2,000, then 3 times the monthly rent is $2000 x 3 = $6000 (monthly income needed to keep housing payments less than 1/3 of income) $ 6000 x 12 months = $72,000 (annual income needed to maintain. housing payment under 1/3 of income)
Can landlords do background checks in California?
California landlords are allowed to use credit reports and other tenant screening reports to determine whether to rent to an applicant, according to the California Landlord Tenant Law, which also allows landlords to charge tenants for the cost of actual and reasonable fees to obtain California tenant screening. ..
How long can a landlord check your criminal record in California? In California, employment background checks are back for the previous seven years.
Can a landlord inspect your house in California?
No. Tenants should note that a general inspection of the unit, even if done only annually, is not a permissible reason for entry under California law. Non-specific random inspections are not legal, regardless of whether the tenant was provided proper notice or not.
Can a landlord enter your home without permission in California?
The owner must give 24 hours written notice before entering. The notice must indicate a specific time of entry, which must be during normal business hours.
Do California tenants have a right to a walk through inspection?
(Civil Code § 1950.5(f)) The tenant has the right to be present during the inspection. The landlord must conduct an initial inspection as described here if the tenant requests it, but may not conduct an initial inspection unless the tenant requests it.
What background check do most landlords use?
A rental background check is a tenant screening tool that allows landlords to see several aspects of a rental applicant’s past behavior. Most of the data you see comes from the three major credit bureaus: TransUnion. Equifax.
What credit score do most landlords look for?
“Every landlord is different, but most landlords and property managers are looking for a credit score above 600,” says Fluegge. FICO® and VantageScore® credit scores typically range from 300 to 850. An applicant with a higher credit score can be considered to have demonstrated a pattern of managing their finances responsibly.
What shows up on a background check?
Criminal background checks will reveal felony and misdemeanor criminal convictions, any pending criminal cases, and any history of incarceration as an adult. Arrests pending prosecution may also be reported, and in some cases, arrests that did not lead to a criminal conviction may also appear.
What a landlord Cannot do in California?
Tenants cannot be evicted for making a complaint against the landlord or for something discriminatory. Under the Fair Housing Act, it is illegal for landlords to discriminate against a potential tenant based on sex, race, color, national origin, religion, familial status or disability.
What is considered landlord harassment in California?
The owners are prohibited from doing the following acts if it is done to annoy the tenant: Take the services provided in the rent (accommodation services). Refusing to make required repairs. Enter the apartment without notice.
How can I get my landlord in trouble in California?
The State of California Department of Consumer Affairs can assist with questions or complaints regarding landlord/tenant relations, including repair issues, safety violations, and violations of the Health and Safety Code. For more information, call (800) 952-5210, or visit the website at www.dca.ca.gov.