Fair Chance Access to Housing Ordinance, Ordinance No. 135181, Code Chapter 8.25
- Oakland, California
- In Effect: February 4, 2020
TL;DR:
Oakland’s Fair Chance Access to Housing Ordinance prohibits rental discrimination based on criminal history.
What it means:
The Fair Chance Access to Housing Ordinance generally prohibits rental housing providers from screening the criminal history of applicants during the advertisement, application, selection, or eviction process. Landlords cannot indicate individuals with criminal backgrounds will not be considered for housing, that they will refuse to rent, terminate a tenancy based on criminal history, or require the disclosure or authorization for the release of criminal history. In addition, housing providers are also prohibited from demanding a higher security deposit or a rental amount based on criminal history, and they cannot refuse to allow the addition of an immediate family member based on the family member’s criminal history, disqualify tenants from rental assistance programs such as Section 8 based on criminal history (with certain exceptions), or take any other negative action against applicants/tenants based on their criminal history.
Primary exceptions include:
- Owner-occupied units such as single-family homes, duplexes, triplexes, and ADUs (Accessory Dwelling Units).
- Tenants who seek to add a co-tenant.
- Under certain circumstances, the housing provider may review the State’s lifetime sex offender registry after a conditional offer has been made, the applicant has consented, and been allowed to provide rebutting information.
- HUD-funded units are permitted to conduct limited background checks if required by federal rules after the applicant has provided consent and been allowed to provide rebutting information.
Whom it affects:
Oakland Housing Providers
Unless exempt (like owner-occupied units), this ordinance prohibits Oakland landlords from using criminal history in their rental decision.
Oakland Renters
Renters seeking to reside within the city of Oakland and have a criminal record have additional legal protections under this ordinance.
For housing providers, the Fair Chance Access to Housing Ordinance generally prohibits rental housing providers from screening criminal history of applicants during the advertisement, application, selection, or eviction process. For housing applicants, the ordinance allows residents with criminal records to reintegrate and access housing, as well as strengthens tenant rights through legal protection.
Effective February 4th, 2020, housing providers have a six-month grace period within which they cannot be held liable for a violation unless a warning has been received. Applicants who believe their rights have been infringed in violation of this ordinance can file a complaint with the City and/or file a lawsuit. Tenants who seek to provide housing to (a) close family member(s) with a criminal history and are denied can file a complaint with the City of Oakland and/or file a lawsuit. The City of Oakland can issue civil penalties of up to $1,000 per violation. If an action is filed and the plaintiff prevails, a court may award damages, attorneys fees, and penalties.
Resources:
Disclaimer
This page is made available by Contemporary Information Corp. (CIC) for informational purposes only. It is not meant to convey CIC’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed on this page do not necessarily reflect the views of CIC, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. The information on this page is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. CIC makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. CIC expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall CIC or any of its partners, employees, or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.
Related Laws
Talk to a Representative
Learn more about how CIC's predictive public records and data solutions can help your company.
We've Got Your Back.
Reap the benefits of The Power of Decision with CIC’s services or subscribe to our blog for industry insights and education.
Subscribe
Subscribe to the CIC blog for (occasional) email updates on new regulations, CIC press releases, and blog posts.
