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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