AB 53

Bill Subjects

Abstract

Existing 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 an unlawful housing practice for the owner of a rental housing accommodation to inquire about, or 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 possible denial, provide the applicant with a written statement listing the reasons for the possible denial before making a final decision. If, within 2 days of receipt of the written statement of the 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 their decision for a specified time, and would require the owner to provide written notification to the applicant of 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 establish that the action or inaction is necessary to the operation of the business and effectively carries out the significant business need it is alleged to serve. This bill would instead provide 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 establish that the action or inaction is necessary to achieve one or more substantial, legitimate, nondiscriminatory business interests and effectively carries out the significant business interest it is alleged to serve.