Generally prohibits rental housing providers from screening criminal history of applicants during the advertisement, application, selection, or eviction process.

Housing Applicants:

An easier pathway for residents with criminal records to reintegrate and access housing. A strengthening of tenant rights through legal protection.

Main Exceptions:

Owner occupied units such as single family homes, duplexes, triplexes, and ADUs (Accessory Dwelling Units).
Tenants who seek to add a co-tenant.
Under certain circumstances, the housing provider may review the State’s lifetime sex offender registry after a conditional offer has been made, the applicant has consented, and been allowed to provide rebutting information.
HUD funded units are permitted to conduct limited background checks, if required by federal rules, after the applicant has provided consent and been allowed to provide rebutting information.

Enforcement:

Applicants who believe their rights have been infringed in violation of this ordinance can file a complaint with the City and/or file a lawsuit.
Tenants who seek to provide housing to (a) close family member(s) with criminal history and are denied can file a complaint with the City and/or file a lawsuit.

Violations:

The City can issue civil penalties of up to $1,000 per violation. If an action is filed and the plaintiff prevails, a court may award damages, attorneys fees, and penalties.

Contact Information:
City of Oakland, Department of Housing & Community Development 250 Frank H. Ogawa Plaza
5th Floor
Oakland, CA 94612
(510) 238-6182
housingassistance@oaklandca.gov

Posted: April 10th, 2020 2:21 PM

Last Updated: May 7th, 2024 10:28 AM

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