Oakland Fair Chance Housing Ordinance: Criminal History in Screening

What it requires

• Don’t ask about criminal history, require an applicant to disclose it or authorize its release, or base any adverse decision on it. Ads can’t say people with records won’t be considered.
• Exceptions: screening that state or federal law requires, after telling the applicant and getting consent, and the lifetime sex offender registry, which you may check only after the applicant otherwise qualifies and receives a conditional rental agreement.
• If criminal history plays any part in a denial, give written notice with the reasons, how to complain to the City, local legal services contacts, and the report used, and let the applicant respond first.
• Show the City’s Fair Chance notice prominently on applications, websites, and leasing offices, and keep any criminal history obtained confidential for at least three years.

Owner checklist

• Criminal history questions removed from applications
• Fair Chance notice on applications and the website
• Background checks set to exclude criminal history unless an exception applies
• Adverse-action notice ready for any exception case