Are landlords allowed to deny rental applications based on a tenant’s criminal background in accordance with Fair Housing Law?

In California, landlords are not allowed to deny rental applications based on a tenant’s criminal background in accordance with Fair Housing Law. This law is designed to protect potential tenants from discrimination based on their race, color, national origin, religion, sex, familial status, or disability. It is important to remember that the Fair Housing Law is not intended to prevent a landlord from protecting their property and the safety of their other tenants. Instead, landlords may only deny an application after a criminal history background check if there is a valid, objective, and reasonable basis for doing so. A reasonable basis could be that the criminal activity is a safety risk to other tenants or that it would prevent the tenant from performing their obligations under the lease. Furthermore, the landlord must apply their rental criteria consistently and without discrimination. This means that they must follow the same procedures and criteria when reviewing every applicant’s criminal background. A tenant who believes they were discriminated against because of their criminal background may file a complaint with the California Department of Fair Housing and Employment. In short, in accordance with California’s Fair Housing Law, landlords are not allowed to deny rental applications based on a tenant’s criminal background. However, landlords may deny an application after a criminal history background check if there is a valid and reasonable basis for doing so. Tenants who feel they have been discriminated against may file a complaint with the California Department of Fair Housing and Employment.

Related FAQs

Are landlords allowed to deny applications based on a tenant's age under Fair Housing Law?
Are landlords required to make reasonable accommodations for individuals with disabilities under Fair Housing Law?
Are landlords allowed to charge higher prices to certain tenants in accordance with Fair Housing Law?
Are there any forms or documents required for filing a Fair Housing Law complaint?
Are there any legal remedies available to tenants who have been discriminated against under Fair Housing Law?
Are landlords allowed to have different rental policies for different tenants in violation of Fair Housing Law?
What are the obligations of landlords when it comes to Fair Housing Law?
How can a tenant file a complaint against a landlord violating Fair Housing Law?
Are landlords allowed to ask for proof of citizenship in accordance with Fair Housing Law?
Are landlords allowed to refuse to rent to people with disabilities in violation of Fair Housing Law?

Are landlords allowed to deny rental applications based on a tenant’s criminal background in accordance with Fair Housing Law?

Related FAQs

Related Blog Posts