Landlords and Criminal History Checks in California

Navigating rental applications can feel overwhelming, especially if you have a criminal history. In California, special laws protect renters from discrimination based on most criminal records. Understanding these rules can empower you to apply for housing with confidence.

Can Landlords Ask About Criminal History in California?

California has enacted strict rules about when and how landlords may consider criminal records during the rental process. While landlords can sometimes check certain criminal backgrounds, the state puts limits on what can be asked and how that information is used, especially to ensure fair housing access.

California's Fair Chance Housing Laws

The California Fair Chance Act and local laws—like those in Los Angeles and Oakland—put restrictions on asking about an applicant's criminal history:

• No questions on application: Landlords may not ask about criminal records on the initial rental application, advertisements, or during first contact.
• Background checks allowed only after a conditional offer: A landlord may only run a criminal background check or ask about criminal convictions after they have made a conditional offer to rent you the unit.
• Arrests not leading to conviction and minor offenses: Landlords cannot consider arrests that did not lead to conviction, sealed or expunged records, or certain minor offenses.
• Individualized assessment: If a landlord wishes to deny a rental based on criminal history, they must provide an individualized assessment showing why the conviction is relevant to the housing.

Some localities like Los Angeles and Oakland have even stronger restrictions, disallowing most criminal background checks altogether for rental housing.

What Rights Do Renters Have Under State and Federal Law?

State and federal fair housing laws protect renters from discrimination:

• California Fair Employment and Housing Act prohibits discrimination based on protected characteristics, including race, national origin, or disability—even if criminal records are involved.
• The federal Fair Housing Act also restricts the use of criminal background information if it results in unfair discrimination.
• If you believe you were denied housing because of an improper background check, you can file a complaint.

How the Rental Application Process Should Work

Every application starts the same: landlords cannot ask about criminal history on rental applications or during initial screening. Only after you receive a conditional offer (meaning you are told that you'll get the unit, as long as you pass certain checks) can the landlord run a criminal background check.

If the landlord decides to withdraw their offer due to something found in your background, they must:

• Provide you with a written notice explaining the decision and a copy of the report used.
• Give you time to respond or dispute incorrect information.

Official Forms and How to Use Them

• DFEH Housing Discrimination Complaint Form (Form DFEH-902-03H): Use this form if you feel you were unfairly denied housing or discriminated against due to your criminal history. Fill it out online or mail to the California Civil Rights Department.
  - DFEH Housing Discrimination Complaint Form (official site)
  Example: If a landlord denied you based on an old arrest without conviction, you can use this form to start a complaint.

What Tribunal or Board Handles Rental Discrimination in California?

The main agency handling rental discrimination cases is the California Civil Rights Department (CRD). They oversee claims related to fair housing protections, including those involving criminal history.

Relevant California Laws

• California Civil Code – Tenant Protections
• Government Code Section 12955 (Fair Employment and Housing Act)

FAQ: Renters' Rights and Criminal History Checks in California

1. Can a landlord deny me for having a criminal record in California?
   In most cases, landlords can only consider specific convictions, not arrests or expunged records, and must provide individualized reasons for denial.
2. What should I do if a landlord asks about my criminal history on an application?
   You can remind them that California law prohibits asking about criminal history before making a conditional offer. Consider documenting this and seeking help if needed.
3. Does the law protect all types of criminal history?
   No. Laws mainly protect against discrimination for arrests not leading to conviction, sealed records, or old/minor offenses. Serious convictions may still be considered in some cases.
4. How do I file a discrimination complaint about rental criminal checks?
   Use the official DFEH Housing Discrimination Complaint Form (DFEH-902-03H) online or by mail to contact the California Civil Rights Department.
5. Can local city laws offer more protection?
   Yes. Some California cities like Los Angeles ban nearly all criminal background checks for rentals, offering greater protection than state law.

Key Takeaways

• California law limits when and how landlords can use criminal history in rental decisions.
• Landlords must make a conditional offer first before conducting a background check.
• If you experience discrimination, file a complaint using the official DFEH form.

Need Help? Resources for Renters

• California Civil Rights Department (CRD): Handles housing discrimination complaints statewide.
• File a Housing Discrimination Complaint (DFEH-902-03H): Submit online or mail to start an investigation.
• DFEH Fair Chance Housing Resources: Understand your fair chance rights as a renter in California.
• U.S. Dept. of Housing and Urban Development (HUD) – Fair Housing: Federal support and complaint process.

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1. California Civil Code §1940 et seq. – Tenant Protections
2. AB 1418 (2023) – California Fair Chance Housing Bill
3. Government Code §12955 – California Fair Employment and Housing Act
4. California Civil Rights Department - File a Complaint
5. HUD Fair Housing Information

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