SB 460 — Hiring of real property: criminal history.

Summary

Existing law makes it unlawful for the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information of that person or for any person to make any notice, statement, or advertisement, with respect to the rental of a housing accommodation that indicates any preference, limitation, or discrimination or an intention to make a preference, limitation, or discrimination, based on any of those factors. Existing law prohibits a landlord from making any inquiry regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property or requiring that any tenant, prospective tenant, occupant, or prospective occupant of the rental property disclose or make any statement, representation, or certification concerning their immigration or citizenship status. This bill would prohibit a housing provider, as defined, from inquiring about an applicant's criminal history, requiring an applicant to disclose their criminal history, or requiring an applicant to authorize the release of their criminal history, unless they are complying with federal law, as specified. The bill would also prohibit a housing provider from basing any adverse action, in whole or in part, on information contained in an applicant's criminal history, if the housing provider received criminal history information about an applicant, unless they are complying with federal law. This bill would require California Housing Finance Agency to make available to housing providers a notice that informs applicants for housing of their rights pursuant to these provisions containing a description of the prohibitions and information about community and public resources available to assist an applicant in connection with a violation. The bill would give an applicant who suffers harm as a result of a violation of these provisions a private right of action for injunctive relief, and actual damages or statutory damages up to 3 times the amount of one month's rent that the housing provider charged for the unit in question at the time of the violation. The bill would authorize a court to award punitive damages if it is proven by clear and convincing evidence that a violation of this section was committed with oppression, fraud, or malice. This bill would require affordable housing providers to annually submit a certificate of compliance with the requirements of this section to the Civil Rights Department in a format determined by the department. By expanding the definition of a crime, the bill would impose a state-mandated local program. The bill would require the department to adopt or revise regulations to establish the format of the certification and the requirements and standards for determining compliance with this section. The bill would authorize the department to impose a civil penalty for failure to comply with this provision that does not exceed the reasonable enforcement costs of the department. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

1. February 01, 2024

   Returned to Secretary of Senate pursuant to Joint Rule 56.

2. March 20, 2023

   March 28 set for first hearing canceled at the request of author.

3. March 07, 2023

   Set for hearing March 28.

4. February 22, 2023

   Referred to Com. on JUD.

5. February 14, 2023

   From printer. May be acted upon on or after March 16.

6. February 13, 2023

   Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Aisha Wahab · Primary
• Bradford · Cosponsor
• Skinner · Cosponsor

Subjects