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.

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

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