BILL ANALYSIS Ó
AB 396
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Date of Hearing: May 27, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
396 (Jones-Sawyer) - As Amended May 22, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY: This bill limits when a landlord may inquire about a
prospective tenant's criminal record. Specifically, this bill:
1)Provides that it is an unlawful housing practice under the
Fair Employment and Housing Act (FEHA) for the owner of rental
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housing to inquire about, or to require an applicant for
rental housing to disclose, a criminal record during the
initial application assessment phase, unless otherwise
required by state or federal law.
2)Allows the owner of rental housing to disclose to the
applicant on the rental housing application, the policy and
screening criteria that the owner uses in deciding whether to
rent or lease to an applicant with a criminal background. The
disclosure must include a written disclosure that the
applicant may provide evidence of inaccuracies within the
applicant's criminal record or evidence of rehabilitation or
other mitigating factors.
3)Provides that, following the successful completion of the
initial application assessment phase, an owner of rental
housing may request a criminal background check and consider
an applicant's criminal record in deciding whether to rent or
lease.
4)Provides that the request for a criminal background check must
include a written disclosure that the applicant may provide
evidence of inaccuracies within the applicant's criminal
record or evidence of rehabilitation or other mitigating
factors.
5)Provides that an owner of rental housing shall not be liable
to any person for accepting or denying a person with a
criminal record as a tenant if the owner follows the
procedures provided in this bill in accepting that person as a
tenant.
FISCAL EFFECT:
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On-going annual costs to the Department of Fair Employment and
Housing (DFEH) in the range of $100,000 (GF) for up to one
position to handle the increased enforcement workload, assuming
a 5% increase in complaint filings.
COMMENTS:
1)Purpose. In response to prison overcrowding directives as
well as recent public safety reforms such as AB 109 (Budget
Committee), Chapter 15, Statutes of 2011, and Proposition 47,
unprecedented numbers of formerly incarcerated individuals are
returning to our communities. The author points out that, in
light of realignment, redemptive policies should be
implemented to ensure people with criminal records are not
blocked from being productive citizens. The author explains
that this bill seeks to reduce recidivism, keep families
together, reduce homelessness and unfair discrimination.
2)Background. FEHA prohibits employment and housing
discrimination based on the protected classes 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. FEHA further provides that it is a civil right to
be able to pursue and maintain housing or employment without
facing discrimination. The Department of Fair Employment and
Housing (DFEH) is the state agency responsible for enforcing
FEHA and other civil rights laws.
This bill would not create a separate protected class under
FEHA, but would limit when and how a landlord may consider a
prospective tenant's criminal record when determining whether
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to rent to the applicant.
3)Recent Amendments. In response to opposition arguments, the
author took amendments to:
a) Remove the 14-day period for the applicant to provide
evidence of inaccuracies in the applicant's criminal record
or evidence of rehabilitation and instead require the owner
to disclose to the applicant that the applicant can provide
such evidence upon requesting a criminal background check.
b) Remove the requirement that an owner must provide an
applicant with written notification of their decision to
deny an application and list the reasons.
c) Allow owners to disclose on the initial application
their policy and screening criteria regarding leasing to an
applicant with a criminal background.
d) Remove liability for owners if they follow the
notification procedures.
1)Related legislation: AB 1056 (Atkins), pending in this
Committee, would direct the Board of State and Community
Corrections to develop a Second Chance Program to provide
mental health services and housing to formerly incarcerated
individuals.
2)Prior Legislation.
a) AB 1650 (Jones-Sawyer), Chapter 880, Statutes of 2014,
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with certain exceptions, provides that state contractors
must determine an on-site construction-related job
applicant's minimum qualifications before obtaining and
considering information regarding the applicant's criminal
conviction history.
b) AB 218 (Dickinson), Chapter 699, Statutes of 2013, with
certain exceptions, provides that a state or local agency
shall not ask an applicant for employment to disclose,
orally or in writing, information concerning the conviction
history of the applicant, including any inquiry about
conviction history on any employment application, until the
agency has determined the applicant meets the minimum
employment qualifications, as stated in any notice issued
for the position.
Analysis Prepared by:Jennifer Swenson / APPR. / (916)
319-2081