California 2019-2020 Regular Session Status: In Committee 1 D cosponsors

AB 53 — Rental housing unlawful housing practices: applications: criminal records.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the California Fair Employment and Housing Act, generally prohibits housing discrimination with respect to the personal characteristics of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information. This bill would make it an unlawful housing practice for the owner of a rental housing accommodation to inquire about, or require an applicant for a rental housing accommodation to disclose, a criminal record during the initial application assessment phase, as defined, unless otherwise required by state or federal law. The bill would permit an owner of a rental housing accommodation, after the successful completion of the initial application assessment phase, to request a criminal background check of the applicant and consider an applicant's criminal record in deciding whether to rent or lease to the applicant. The bill would require the owner of a rental housing accommodation who is considering denying an application to rent or lease on the basis of the applicant's criminal record, to, within 5 days of receiving the information that is the basis of the possible denial, provide the applicant with a written statement listing the reasons for the possible denial before making a final decision. If, within 2 days of receipt of the written statement of the possible denial, the applicant provides the owner notice of evidence demonstrating the inaccuracy of the item or items within the applicant's criminal record or evidence of rehabilitation or other mitigating factors, as specified, the bill would require the owner to reconsider their decision for a specified time, and would require the owner to provide written notification to the applicant of the owner's final decision to deny the application. The bill would prohibit the owner of the rental housing accommodation from requiring in an application for a rental housing accommodation or as otherwise part of the application process disclosure of, or, if such information is received, denying a dwelling based in whole or in part on specified information or occurrences, including, among others, arrests that did not result in conviction, convictions that have been voided, and juvenile justice determinations. The bill would also require an owner of a rental housing accommodation that uses criminal records as part of the screening criteria to evaluate an applicant to include a notice, as provided, in the application for tenancy of a rental housing accommodation. The act provides that, in connection with specified unlawful practices related to housing discrimination, proof of a violation causing a discriminatory effect is shown if an act or failure to act has the effect, regardless of intent, of unlawfully discriminating on the basis of a person's race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation. The act provides that a business establishment whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of the act if the business establishment can establish that the action or inaction is necessary to the operation of the business and effectively carries out the significant business need it is alleged to serve. This bill would instead provide that a business establishment whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of the act if the business establishment can establish that the action or inaction is necessary to achieve one or more substantial, legitimate, nondiscriminatory business interests and effectively carries out the significant business interest it is alleged to serve.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Set, second hearing. Hearing canceled at the request of author.

  4. In committee: Set, first hearing. Hearing canceled at the request of author.

  5. Re-referred to Com. on H. & C.D.

  6. From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.

  7. Referred to Com. on H. & C.D.

  8. From printer. May be heard in committee January 3.

  9. Read first time. To print.

Sponsors

  • Jones-Sawyer · Primary
  • Mia Bonta · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Jones-Sawyer

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

housing civil-rights
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Frequently asked questions

What does AB 53 do?
Existing law, the California Fair Employment and Housing Act, generally prohibits housing discrimination with respect to the personal characteristics of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information. This bill would make it an unlawful housing practice for the owner of a rental housing accommodation to inquire about, or require an applicant for a rental housing accommodation to disclose, a criminal record during the initial application assessment phase, as defined, unless otherwise required by state or federal law. The bill would permit an owner of a rental housing accommodation, after the successful completion of the initial application assessment phase, to request a criminal background check of the applicant and consider an applicant's criminal record in deciding whether to rent or lease to the applicant. The bill would require the owner of a rental housing accommodation who is considering denying an application to rent or lease on the basis of the applicant's criminal record, to, within 5 days of receiving the information that is the basis of the possible denial, provide the applicant with a written statement listing the reasons for the possible denial before making a final decision. If, within 2 days of receipt of the written statement of the possible denial, the applicant provides the owner notice of evidence demonstrating the inaccuracy of the item or items within the applicant's criminal record or evidence of rehabilitation or other mitigating factors, as specified, the bill would require the owner to reconsider their decision for a specified time, and would require the owner to provide written notification to the applicant of the owner's final decision to deny the application. The bill would prohibit the owner of the rental housing accommodation from requiring in an application for a rental housing accommodation or as otherwise part of the application process disclosure of, or, if such information is received, denying a dwelling based in whole or in part on specified information or occurrences, including, among others, arrests that did not result in conviction, convictions that have been voided, and juvenile justice determinations. The bill would also require an owner of a rental housing accommodation that uses criminal records as part of the screening criteria to evaluate an applicant to include a notice, as provided, in the application for tenancy of a rental housing accommodation. The act provides that, in connection with specified unlawful practices related to housing discrimination, proof of a violation causing a discriminatory effect is shown if an act or failure to act has the effect, regardless of intent, of unlawfully discriminating on the basis of a person's race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation. The act provides that a business establishment whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of the act if the business establishment can establish that the action or inaction is necessary to the operation of the business and effectively carries out the significant business need it is alleged to serve. This bill would instead provide that a business establishment whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of the act if the business establishment can establish that the action or inaction is necessary to achieve one or more substantial, legitimate, nondiscriminatory business interests and effectively carries out the significant business interest it is alleged to serve.
Who sponsors AB 53?
AB 53 is sponsored by Jones-Sawyer and Bonta, Mia (Democratic).
What is the current status of AB 53?
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 53?
Track AB 53 free on One Click Politics — get push/email alerts when it moves.

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