Should LA landlords run criminal background checks on tenants? City officials consider potential ban

Downtown Los Angeles skyline. (FOX 11)

The Los Angeles City Council voted Tuesday to consider prohibiting landlords from inquiring about prospective tenants' criminal history.

Council members voted 11-0 to reactivate a motion seeking to establish a so-called "fair chance" housing ordinance. Council President Paul Krekorian and Councilman Curren Price recused themselves, and members Katy Yaroslavsky and Monica Rodriguez were absent during the vote.

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The ordinance would "prohibit landlords from, at any time or by any means, whether direct or indirect, inquire about an applicant's criminal history or requiring an applicant to disclose criminal history" when an applicant is applying for an apartment or other types of housing. Additionally, the proposed city law would prevent landlords from using such information, if received, to outright deny an applicant.

Other California cities, like Oakland and Berkeley, have already implemented similar housing laws. Such ordinances have detailed exceptions and caveats for when the law should not be considered, like when a person is applying for housing at owner-occupied units or shared living arrangements.

The potential Los Angeles law would also incorporate a private right of action for prospective renters, meaning if a landlord could face fines for discriminating based on a tenant's record.

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According to the motion, originally introduced by Councilmembers Nithya Raman, Marqueece Harris-Dawson and Mike Bonin, "Angelenos with past criminal histories often face insurmountable barriers to housing and are routinely screened out when applying to rent housing due to criminal background checks in private rental, nonprofit affordable housing and public housing units.

"We must follow the lead of cities like Oakland, Berkeley and Seattle and prohibit the use of criminal background checks when evaluating rental applications for housing," the motion noted.

Next, the motion will head to the council's Housing and Homelessness Committee for further consideration.

City News Service contributed to this report.

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