A federal court ruled in March that cities cannot completely prevent property owners from inquiring about a potential renter’s criminal history, but they can prohibit property owners from rejecting all applicants with criminal records.
The split decision of the Ninth Circuit Court of Appeals struck down portions of a Seattle ordinance that prohibited property owners from inquiring about criminal records, according to the San Francisco Chronicle.
The ruling affects similar laws in Oakland and Berkeley that prohibit almost all questions about criminal records of potential renters, said the Chronicle.
Property owners can still inquire about a potential tenant’s rental history, references, employment and consider recommendation from a previous landlord.
The 2-1 majority of the court cited a 2014 San Francisco ordinance that allows affordable housing owners to consider previous convictions dating back seven years.
The cited ordinance, known as the Fair Chance law, also permits a property owner to reject a potential tenant based on criminal history if that history suggests a potential threat to safety.
Even in those cases, the potential tenant must have an opportunity to submit favorable recommendations from others and to present evidence of rehabilitation.
San Francisco submitted a court filing in the case arguing that cities should be able to prohibit almost all inquiries by property owners about potential tenants’ criminal histories.
But the court said that San Francisco’s Fair Chance law demonstrates that cities can achieve a balance between the rights of property owners and potential tenants.
Jen Kwart, spokesperson for the San Francisco city attorney’s office, expressed disappointment in the ruling, “We are disappointed the court struck down this portion of Seattle’s ordinance because we believe strongly in reducing barriers to formerly incarcerated people.”
Property rights advocates lauded the ruling. “The Ninth Circuit’s decision recognizes that the First Amendment protects the right to ask questions and receive information relevant to our livelihoods,” said Ethan Blevins, lawyer for Pacific Legal Foundation, a nonprofit property-rights supporter representing owners who challenged the Seattle ordinance.
Under the Biden and Obama administrations, the federal government has recommended that property owners nationwide should cease inquiring about potential renters’ prior convictions. “Criminal history is not a good predictor of housing success,” wrote the Department of Housing and Urban Development in a report last June.
