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SUSPENDED: Rental Applications: Criminal Record Restriction

Updated: Sep 19, 2022

UPDATE: This legislation was suspended in the Senate on 8-11-22.

AB 2383 was introduced on 2-17-22 by Assembly Member Jones-Sawyer.

This bill would prohibit rental applications from asking applicants about their criminal record. Owners would not be able to deny applicants who were:

  • Arrested, but not convicted

  • Who were involved in a deferral judgement program

  • Whose conviction was judicially dismissed/expunged, etc

  • Who were in the juvenile justice system

  • Who had an offense other than a felony or misdemeanor

  • Who had a conviction unrelated to substantial, legitimate, nondiscriminatory purposes impacting the property owner

  • Who were questioned, apprehended, or taken into custody, but not prosecuted

It would, however, allow owners to request a criminal background check after successful completion of the initial application assessment. Owners would need to notify the applicants in advance of their application, that a criminal background check is part of the review process.

In the event of a denial, the owner must provide a written statement to the applicant within 5 days, listing the reasons for possible denial. The applicant then has 3 days to provide the owner with evidence demonstrating inaccuracy, or evidence of rehabilitation or other mitigating factors. Owners would be required to reconsider their decision and provide written notification to the application of their final decision within 5 days of receipt.

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