NEWS / Crime-Free Housing Bans Evicted California: New Law Takes Aim at Background Checks in Rental Housing

California is ushering in a new era for tenant rights in 2024, with Assembly Bill 1418 taking aim at the controversial practice of "crime-free housing" policies. Effective January 1st, local governments across the state will be prohibited from enforcing these policies, which have long been criticized for unfairly discriminating against individuals with criminal records.

For decades, dozens of California cities and counties implemented crime-free housing policies as part of a "tough on crime" approach. Proponents, including local officials, police, and prosecutors, argued that these laws helped keep neighborhoods safe by barring felons from renting and allowing for the eviction of tenants suspected of criminal activity.

However, these policies have faced mounting backlash in recent years, accused of being discriminatory and perpetuating a cycle of disadvantage. Critics argue that the blanket bans on renting to anyone with a criminal record unfairly punish not only the individual convicted but also their families, who may have no involvement in any wrongdoing.

Additionally, cases have emerged where domestic violence victims faced eviction after police responded to their homes, essentially penalizing them for seeking help.

Assembly Bill 1418, championed by Assemblywoman Tina McKinnor, seeks to address these concerns by pre-empting local implementation of crime-free housing policies. Under the new law, local governments will no longer be able to mandate landlords evict or refuse to rent to tenants based on alleged or prior criminal activity.

In San Bernardino and Riverside, local officials have already reduced he enforcement of “crime-free” housing programs.

“The nature of crime has changed,” San Bernardino city spokesperson Jeff Kraus was quoted by The Los Angeles Times as stating. “The laws have changed. People’s opinions have changed. It’s probably a good time to review them now.”

In Riverside, enforcement was scaled back during COVID-19 pandemic due to staffing shortages.

It's important to note that the new law doesn't completely remove background checks from the rental process. Landlords remain free to conduct criminal history checks on prospective tenants and can still initiate evictions based on demonstrably disruptive behavior or violations of lease agreements. However, AB 1418 prevents the blanket application of "crime-free" policies that target entire categories of individuals based solely on their criminal records.

The impact of AB 1418 is likely to be significant, potentially impacting thousands of renters across California. While supporters celebrate the move as a victory for fairness and second chances, concerns remain from some landlords who worry about potential security risks from eliminating pre-emptive measures against individuals with criminal convictions.

In the coming months, it will be crucial to monitor how AB 1418 is implemented and to assess its impact on both tenant rights and community safety. One thing is clear, however: California's approach to housing and criminal records is entering a new chapter, and the potential to break the cycle of discrimination and disadvantage should not be underestimated.

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