search

The Real Deal Logo

Trending

Fort Lauderdale crane collapse victim seeks over $50M in damagesFort Lauderdale crane collapse victim seeks over $50M in damagesLA court strikes down SB9 law allowing single-family lot splitsLA court strikes down SB9 law allowing single-family lot splitsTides’ original investors may be wiped out by preferred equity dealTides’ original investors may be wiped out by preferred equity dealBushburg buying Rudin’s half-empty FiDi office building for $160MBushburg buying Rudin’s half-empty FiDi office building for $160M
Residential
San Francisco

Bay Area county bans tenant criminal background checks

Alameda County became the first county in the nation to pass such a measure

(Photo Illustration by Steven Dilakian for The Real Deal with Getty)
(Photo Illustration by Steven Dilakian for The Real Deal with Getty)

A county in the Bay Area this week became the first in the nation to ban landlords from performing criminal background checks on prospective tenants, a move that landlords fought and proponents say is a crucial move for fighting homelessness.

In a Tuesday vote, Alameda County, home to Oakland and Berkeley, passed a package of tenant protection ordinances, including the Fair Chance Ordinance that prohibits landlords from performing criminal background checks when screening rental applicants, the San Francisco Chronicle reported. All but one of the five county supervisors voted in favor of the ordinance, with the fifth abstaining, according to the outlet.

Other elements of the ordinance include a ban on landlords requiring that tenants disclose previous arrests and convictions, and forbids advertising that discourages applicants with criminal backgrounds. The ordinance also states that tenants’ family members must also be allowed to live in rental units, regardless of criminal history.

The ordinance goes into effect on April 30, when the county’s COVID-era eviction moratorium expires. It only applies to the unincorporated areas of the county, which includes Cherryland, Castro Valley, Ashland, Sunol and San Lorenzo. Oakland and Berkeley have their own fair housing policies that ban criminal background checks.

Sign Up for the undefined Newsletter

Proponents say fair chance policies help reduce homelessness, recidivism, and family separation, according to the outlet. Alameda County reported that 73 percent of residents in Oakland’s homeless encampments are formerly incarcerated.

The other two ordinances passed in the tenant protection package are the Just Cause for Eviction Ordinance, which governs when and how a tenant can be evicted, and the Rental Registry Ordinance, that establishes a registry of all rental units in the county’s jurisdiction.

In passing the background check ban, Alameda County joins a wave of U.S. cities that have passed similar fair chance policies. Nearby Richmond passed such a law in 2016. Portland and Seattle also have similar laws on the books.

Landlords oppose banning criminal background checks, which they say strips them of control in the application process and increases their liability. A landlord group managed to kill such a ban in New York City last year, but the City Council revived talks on such a policy in August.

— Kate Hinsche

Tags
Housing CrisisLandlordsOaklandPoliticsSan Francisco