Red Flag Warning:

The National Weather Service has issued a Red Flag Warning for Alameda County from 11 AM Tuesday, Nov. 5 until 7 AM Thursday, Nov. 7 due to strong offshore winds and dry conditions. Please visit Red Flag Warning for more information.

Fair Chance Access to Housing Ordinance

Ordinance No. 135181, Code Chapter 8.25, Effective February 4th, 2020 expands housing access for people with criminal records

View
Fair Chance Access to Housing Ordinance Post Card
View
Fair Chance Access to Housing Ordinance Frequently Asked Questions
View
Fair Chance Access to Housing Presentation for Oakland Housing Providers

What Does This Mean For Landlords and Tenants?

Housing Providers:

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

Was this page helpful?

Your feedback will help us improve our website. We cannot reply individually to all feedback.
Your feedback will help us improve our website. We cannot reply individually to all feedback.
Your feedback will help us improve our website. We cannot reply individually to all feedback.