SB 2506

This bill provides that it is a discriminatory practice in violation of this bill for any housing provider to engage in any of the following:  Refuse to rent, lease, sell, or otherwise make unavailable any dwelling to any person solely because of that person's criminal history .  Discriminate against any person in the terms, conditions, or privileges of the rental, lease, or sale of a dwelling, or in the provision of services or facilities in connection therewith, solely because of that person's criminal history .  Make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement with respect to the rental, lease, or sale of a dwelling that indicates any preference, limitation, or discrimination based on criminal history .  Represent to any person because of the person's criminal history that any dwelling is not available for inspection, rental, lease, or sale when such dwelling is in fact available .  Include on any housing application any question or inquiry regarding arrests that did not result in a conviction .  Consider any arrest, charge, criminal accusation, or participation in a diversion program that did not result in a conviction when evaluating a housing application. This bill clarifies that the above prohibitions do not prohibit a housing provider from considering criminal history information that is specifically permitted as described below . As used in this bill, a " h ousing provider"" means any person, firm, corporation, partnership, association, or organization that owns, leases, subleases, or manages residential real property, including single-family homes, apartments, condominiums, mobile home parks, or any other dw elling unit available for rent or lease. Such te rm specifically includes property managers, landlords, real estate agents acting on behalf of housing providers, and housing authorities . PERMITTED CONSIDERATION OF CRIMINAL HISTORY This bill generally authorizes a housing provider to consider a misdemeanor conviction only if the conviction occurred within three years preceding the date of the housing application, beginning from the date of conviction or the date of release from incarceration or completion of all terms of a sentence, including probation or parole, whichever is later. A housing provider may generally consider a felony conviction only if the conviction occurred within 10 years preceding the date of the housing applicat ion, beginning from the date of conviction or the date of release from incarceration or completion of all terms of a sentence, including probation or parole, whichever is later. However, a housing provider may consider any sex offense conviction without regard to the look-back periods established in th e provisions under this heading, if all of the following criteria is met:  The housing provider conducts an individualized assessment as required by this bill.  The denial is based on a direct relationship between the sex offense conviction and the safety and welfare of other residents or compliance with applicable housing restrictions for registered sex offenders under state or federal law .  The housing provider provides written notice of the denial . If a housing provider intends to deny housing based on a criminal conviction that falls within the applicable look-back period, then this bill requires the housing provider to conduct an individualized assessment. A denial based on criminal history may be justified only if the housing provider determines, based on the individualized assessment, that there is a direct relationship between the criminal conviction and a demonstr able risk to the safety and welfare of other residents or property. The housing p rovider bears the burden of demonstrating that any denial based on criminal history is so justified and is supported by an individualized assessment. As used in this bill, an "" i ndividualized assessment"" means a written evaluation conducted by a housing provider that considers all of the following factors specific to an applicant for housing:  The nature and severity of the criminal offense .  The time elapsed since the offense or completion of sentence, whichever is later .  The age of the applicant at the time of the offense .  Evidence of rehabilitation, including employment history, educational achievements, community involvement, references, completion of treatment programs, or participation in reentry services .  The relationship between the offense and the safety and welfare of other residents or property .  Any mitigating circumstances or explanations provided by the applicant . This bill prohibits a housing provider from adopt ing or enforc ing any blanket policy that automatically disqualifies applicants based on the existence of any criminal conviction without conducting a required individualized assessment. NOTICE REQUIREMENTS If a housing provider denies a housing application, refuses to renew a lease, or takes any other adverse action based in whole or in part on an applicant's criminal history, then this bill requires the housing provider to provide the applicant with written notice within seven business days of the adverse action. The notice must include all of the following:  A statement that the adverse action was based in whole or in part on the applicant's criminal history .  A description of each specific conviction considered .  A summary of the individualized assessment conducted .  A statement of the applicant's right to submit additional information or evidence of rehabilitation, mitigation, or inaccuracy of the criminal history information within 14 days of receipt of the notice .  A statement of the applicant's right to file a complaint with the commission or pursue legal remedies under law.  Contact information for the commission. This bill requires the housing provider to hold the application open and refrain from renting the dwelling to another applicant for 14 days following the date that a notice of denial is sent to allow the applicant to submit additional information or documentation. The housing provider must consider any timely submitted information and issue a final decision in writing within seven business days of receiving such information. Housing providers must retain copies of all notices of denial, individualized as sessments, and related documentation for a period of no less than three years from the date of the denial. EDUCATION AND OUTREACH BY DEPARTMENT OF CORRECTION This bill requires t he department of correction, division of rehabilitative services, to develop and implement a comprehensive education and outreach program to inform individuals with criminal convictions of their rights under this bill . The program must include all of the following:  Educational materials, including pamphlets, videos, and online resources, explaining the protections afforded under this bill and the process for filing complaints if discrimination occurs .  Pre-release training sessions for individuals in state correctional facilities to educate such individuals about fair housing rights, the housing application process, and resources available upon reentry .  A dedicated telephone hotline and online portal for formerly incarcerated individuals to report suspected housing discrimination, obtain information about their rights, and receive referrals to legal assistance or fair housing organizations .  Partnerships with community-based organizations, reentry service providers, public housing authorities, and fair housing advocacy groups to conduct outreach and education .  Annual reports to the general assembly detailing the number of individuals served, complaints received, and recommendations for improving housing access for individuals with criminal histories. This bill requires the department of correction to coordinate with the commission to ensure consistent messaging and effective enforcement of this bill . Upon release from a state correctional facility, the department of correction must provide each individual with written materials summarizing their rights under this bill and contact information for the hotline and resources available as described above. ENFORCEMENT AND REMEDIES This bill provides that t he commission has jurisdiction to receive, investigate, and adjudicate complaints alleging violations of this bill . Any person aggrieved by a violation of this bill may bring a civil action. The commission may initiate investigations and bring enforcement actions against housing providers who engage in a pattern or practice of violating this bill . CONFLICT OF LAWS. This bill clarifies that its provisions do not preempt or limit a local ordinance, regulation, or policy that provides greater protections against housing discrimination based on criminal history. Additionally, this bill does not require a housing provider to violate any federal or state law or regulation, including restrictions on housing for registered sex offenders in proximity to schools, childcare facilities, or other protected locations."