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.

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

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