12955.05.
(a) For purposes of this section:(1) “Criminal record” means criminal offender record information, as defined in Section 13102 of the Penal Code.
(2) “Evidence of rehabilitation or other mitigating factors” includes, but is not limited to, the following:
(A) A person’s satisfactory compliance with all terms and conditions of parole or probation, provided that the person’s inability to pay fines, fees, and restitution due to indigence shall not be considered noncompliance with terms and conditions of parole or probation.
(B) Employer recommendations, particularly related to a person’s postconviction employment.
(C) Educational attainment or vocational or professional training since conviction, including training received while incarcerated.
(D) Completion of or active participation in rehabilitative treatment, including alcohol or drug treatment.
(E) Letters of recommendation from community organizations, counselors, case managers, teachers, community leaders, parole officers, and probation officers who have observed the person since the person’s conviction.
(F) A person’s familial relationship
with a person who may be currently residing in the housing accommodation.
(G) The age of the person at the time of the conviction.
(H) Explanation of precedent coercive conditions, including physical, emotional, or sexual abuse, untreated substance abuse, or mental illness that contributed to the conviction.
(3) “Initial application assessment phase” means the period before a decision is made to rent or lease a rental housing accommodation, which includes the time during which a person seeking a rental housing accommodation requests, and is provided with, an application and the time during which the assessment of rental history and credit history, the checking of sources of income, and the scheduling of an applicant interview
routinely occur.
(b) (1) It is an unlawful housing practice for the owner of a rental housing accommodation to inquire about, or to require an applicant for a rental housing accommodation to disclose, a criminal record during the initial application assessment phase, unless otherwise required by state or federal law.
(2) Following the successful completion of the initial application assessment phase, an owner of a rental housing accommodation may request a criminal background check of the applicant and consider an applicant’s criminal record in deciding whether to rent or lease. If the owner of a rental housing accommodation is considering denying an application to rent or lease after requesting a criminal background check and considering an applicant’s criminal record, and the possible denial is based on the applicant’s criminal
record, the owner shall, within five 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.
(3) If, within three days of receipt of the written statement described in paragraph (2), the applicant provides the owner of the rental housing accommodation notice orally, or in writing if requested by the owner of the rental housing accommodation, of evidence demonstrating the inaccuracy of the item or items within the applicant’s criminal record or evidence of rehabilitation or other mitigating factors, the owner of the housing accommodation shall reconsider their decision in light of the information and delay the denial for no longer than five days after receipt of the information. If, upon review of the applicant’s criminal record and the evidence of rehabilitation and
mitigating factors, the applicant still has an unacceptable criminal record, then the owner of the housing accommodation shall notify the applicant of the owner’s final decision to deny the application in writing.
(c) The owner of the housing accommodation shall not in an application for rental housing accommodations or as otherwise part of the application process require disclosure of, or, if such information is received, deny a dwelling based in whole or in part on the following:
(1) A previous arrest that did not result in a conviction.
(2) Participation in, or completion of, a diversion or a deferral of judgment program.
(3) A
conviction that has been judicially dismissed, expunged, voided, invalidated, or otherwise rendered inoperative, including, but not limited to, as is provided under Section 1203.4, 1203.4a, or 1203.41 of the Penal Code.
(4) A determination or adjudication in the juvenile justice system or information regarding a matter considered in or processed through the juvenile justice system.
(5) Information pertaining to an offense other than a felony or misdemeanor.
(d) (1) An owner of a rental housing accommodation that uses criminal records as part of the screening criteria to evaluate an applicant shall include the following notice in the application for tenancy of a rental housing accommodation:
(2) “This property will conduct a criminal background check as the final part of the screening process. You are not required, and the owner of the property may not require you, to disclose a criminal record until your application has satisfied all of the property’s other screening criteria, unless otherwise required by state or federal law. If your application does not satisfy the property’s criteria with respect to criminal records, you will have three days after the possible denial to provide orally, or in writing if so requested by the owner of the property, evidence demonstrating the inaccuracy of the item or items within your criminal record that form the basis of the possible denial, or evidence of rehabilitation or other mitigating factors.”
(e) (1) An owner of a rental housing accommodation that requests a criminal background check of the applicant shall
first provide the following notice to the applicant:
(2) “The owner of this property is requesting a criminal background check. If your application does not satisfy the property’s criteria with respect to criminal records, you will have three days after the possible denial to provide orally, or in writing if so requested by the owner of the property, evidence demonstrating the inaccuracy of the item or items within your criminal record that form the basis of the possible denial, or evidence of rehabilitation or other mitigating factors.”
(f) This section shall not apply under any of the following circumstances:
(1) The rental housing accommodation is a single-family home, duplex, triplex, or accessory dwelling unit in which the owner occupies a unit or bedroom as a principal residence.
(2) A tenant of the rental housing accommodation seeks a cotenant or roommate.
(3) The rental housing accommodation is provided by a nonprofit entity.
(4) The owner does not rent, or advertise for rental, the rental housing accommodation to the general public.