Use Of Criminal Records With Respect To Housing

Under current law, it is an unfair housing practice to honor or exercise, or attempt to honor or exercise, any restrictive covenant pertaining to housing. Section 1 of the bill adds to the definition of 'restrictive covenant' limitations on the transfer, rental, or lease of housing based on records of any arrest or charge that did not result in a conviction and the criminal case is not actively pending (arrest records) or criminal justice records that have been sealed or expunged.

Section 2 makes it an unfair housing practice to inquire about or take an adverse action based on arrest records or sealed or expunged criminal justice records. Section 3 prohibits landlords from requiring an applicant to disclose any information contained in sealed criminal records. Section 4 prohibits housing authorities from denying or terminating dwelling accommodations, or taking adverse action against a person, on the basis of arrest records or certain conviction records.

Section 6 requires a landlord to provide applicants with access to records that are used as the basis for denying a rental application.

Section 5 prevents certain tenant criminal records from being admitted as evidence in a civil case against a landlord that is based on the tenant's conduct.
(Note: This summary applies to this bill as introduced.)