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
Last Updated: September 22nd, 2021 @ 1:25 PM
What Does This Mean For Landlords and Tenants?
Generally prohibits rental housing providers from screening criminal history of applicants during the advertisement, application, selection, or eviction process.
An easier pathway for residents with criminal records to reintegrate and access housing. A strengthening of tenant rights through legal protection.
- 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.
Housing providers have a six month grace period, commencing February 4th, 2020, within which they cannot be held liable for a violation unless a warning has been received.
- 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.
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.
City of Oakland Housing Resource Center
250 Frank Ogawa Plaza, Suite 6301, Oakland,
CA 94612 / (510) 238-6182