Are landlords allowed to ask tenants about their criminal backgrounds in accordance with Fair Housing Law?

In California, landlords are allowed to ask tenants about their criminal backgrounds in accordance with Fair Housing Law. However, landlords must take certain steps to ensure that the criminal background information requested is related to the property safety of other tenants and guests. Landlords must provide written disclosure to prospective tenants and clarify that they may run a background check. A written authorization must be obtained from the potential tenant prior to the background check being conducted. Also, landlords must provide a copy of the Fair Housing Act before obtaining the potential tenant’s written authorization. In addition, landlords must consider the facts of the case and verify that information in relation to the individual’s criminal history is accurate. If the individual has paid for their crime or served a sentence, the landlord cannot deny the tenant or set different rules for them based on that information. Landlords must also take into consideration the age of the crime, the risk to tenant safety posed by the individual, and the nature of the crime. To protect themselves from serious and costly legal issues, landlords should consult with their legal counsel regarding questions about criminal background checks in accordance with Fair Housing Laws.

Related FAQs

How long does it take to resolve a Fair Housing Law complaint?
Are landlords allowed to require tenants to pay a security deposit in accordance with Fair Housing Law?
Do occupancy limits apply under Fair Housing Law?
Do rental applicants have to meet certain criteria under Fair Housing Law?
Do certain activities constitute discrimination under Fair Housing Law?
Are there any restrictions on the types of documents landlords are allowed to request from tenants under Fair Housing Law?
Are there any legal remedies available to victims of Fair Housing Law violations?
Are there any special rights for tenants who are victims of domestic violence under Fair Housing Law?
What are the specific requirements for advertising under Fair Housing Law?
Are landlords allowed to impose certain rules or regulations on tenants in violation of Fair Housing Law?

Are landlords allowed to ask tenants about their criminal backgrounds in accordance with Fair Housing Law?

Related FAQs

Related Blog Posts