The legislation is expected to significantly impact state laws relating to housing discrimination, ensuring that past criminal records don't unjustly prevent individuals from securing housing. By placing these restrictions on housing providers, the bill aims to provide a fairer housing environment and promote equal opportunity for all applicants, regardless of their past. The bill requires that housing providers must justify any withdrawal of a conditional offer based on criminal history with substantial, legitimate, and nondiscriminatory reasons.
Summary
House Bill 5760, known as the Fair Chance in Housing Act, aims to mitigate discrimination in housing based on an individual's criminal history. It restricts housing providers from making inquiries about an applicant's criminal record prior to providing a conditional offer for tenancy. Specifically, the bill mandates that any consideration of criminal records can only occur after a conditional offer is made, thereby protecting applicants from being disqualified based solely on their criminal history before it is assessed in context. This includes restrictions on advertising that would discourage applicants with criminal backgrounds from applying for housing.
Contention
Opponents of the bill express concerns that it may limit landlords’ ability to make informed decisions regarding the safety and risk factors associated with potential tenants. They argue that landlords should have the right to consider an applicant's criminal history, especially for serious offenses, to ensure the safety of current tenants. Proponents counter this perspective by emphasizing the importance of rehabilitation and the societal need to reintegrate formerly incarcerated individuals without being penalized by their past, thus supporting the bill as a step toward reducing recidivism through stable housing.
Establishes the fair chance in housing credit reports act to provide standards for which a credit report can be used in considering a rental application.
Limits the use of certain criminal records and credit history reports in denying housing to prospective applicants, and provides for fines for failure to comply. This act further requires notices of denials to be sent to the prospective tenants.