SB 30-24: Fair Chance at Housing Act (Awaiting Sponsor)

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Seems like a sensible bill. My only concern lies with §2.e, which exempts landlords in the case that they reside in a two-family dwelling with the potential renter. I feel that the two-family descriptor is a bit limiting for the landlords -- if they reside in a three-family dwelling with two other families, are they not allowed to be exempt in those cases? If I am not misreading this subsection and this is a valid concern, I introduce the following amendment:

Fair Chance At Housing Act

To prohibit landlords from not renting to tenants because of certain aspects of their criminal background.

Section 1. Short title

This Act shall be cited as the “Fair Chance At Housing Act”.

Section 2. Disclosure Limitation

(a) In general. —

A landlord shall not require potential tents or renters to disclose, nor use the following to base a rental decision —
(1) any arrests that did not result in a criminal conviction;
(2) participation in a diversion or deferral of judgment program;
(3) any expunged, invalidated, or voided convictions;
(4) any juvenile convictions;
(5) any offenses that are neither felonies or misdemeanors; and
(6) any convictions that took place more than seven years prior where any incarceration for such conviction has been completed no less than two years prior.

(b) Criminal exceptions. —

Paragraph (6) of Subsection (2)(a) shall not apply to the crimes of —
(1) murder and manslaughter;
(2) felony assault that causes serious physical injury;
(3) kidnapping;
(4) crimes which are of a sexual nature;
(5) crimes relating to theft or destruction of personal property;
(6) manufacturing or trafficking of illegal controlled substances, but not the sole possession of drugs without intent to sell.

(c) Criminal background check. —

No landlord shall conduct any background checks on potential tenants until after a conditional lease offer is made to such tenants, which may thereafter be rescinded as a result of any information found in a background check in accordance with this Act.

(d) Notification.—

A landlord shall be required notify any applicants if their conditional lease offer is rescinded in writing within 7 days, which shall include a copy of the background check and the stated reason for rescinding such a conditional lease offer.

(e) TwoMulti-family dwelling exception. —

Subsection (2)(a) shall not apply to landlords renting a twomulti-family dwelling in which they live as their main residence.

Section 3. Noncompliance

Upon conviction in a summary proceeding, a person who violates Section (2) of this Act shall be subject to a fine not greater than five hundred dollars per violation.

Section 4. Implementation

This Act shall take effect immediately after passage.

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(e) TwoMulti-family dwelling exception. —

Subsection (2)(a) shall not apply to landlords renting a twomulti-family dwelling in which they live as their main residence.

My concern was balancing this without creating a loophole where the landlord puts the building as their main residence, even if its like an apartment type housing with dozens of families.

That is a valid concern. What if I withdraw my current amendment and propose a new amendment where landlords are entitled to be exempt in housing situations with multiple families, except for apartment complexes or condominiums?

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(e) TwoMulti-family dwelling exception. —

Subsection (2)(a) shall not apply to landlords renting a twomulti-family dwelling in which they live as their main residence.

My concern was balancing this without creating a loophole where the landlord puts the building as their main residence, even if its like an apartment type housing with dozens of families.

That is a valid concern. What if I withdraw my current amendment and propose a new amendment where landlords are entitled to be exempt in housing situations with multiple families, except for apartment complexes or condominiums?

I set the exception at a two-family house because many people rent out the other side/floor of their house as more of side income rather than a main income. By doing this it separates a family just trying to make a little extra money from a landlord renting out 3+ family semi-detached houses as a main income source.

That's fair, but my worry is that such a clause precludes the scenario in which a person decides to allow two families to rent in their house (as an example). The rigidity of the "two" in two-family is the part that I believe could be used against landlords in an edge-case scenario like the one I just described.

Also, for the record and the Chair, my earlier amendment is withdrawn -- I would like to be able to work out an amendment that addresses all aspects of this situation while also not allowing landlords to overuse such a clause.

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(e) TwoMulti-family dwelling exception. —

Subsection (2)(a) shall not apply to landlords renting a twomulti-family dwelling in which they live as their main residence.

My concern was balancing this without creating a loophole where the landlord puts the building as their main residence, even if its like an apartment type housing with dozens of families.

That is a valid concern. What if I withdraw my current amendment and propose a new amendment where landlords are entitled to be exempt in housing situations with multiple families, except for apartment complexes or condominiums?

I set the exception at a two-family house because many people rent out the other side/floor of their house as more of side income rather than a main income. By doing this it separates a family just trying to make a little extra money from a landlord renting out 3+ family semi-detached houses as a main income source.

That's fair, but my worry is that such a clause precludes the scenario in which a person decides to allow two families to rent in their house (as an example). The rigidity of the "two" in two-family is the part that I believe could be used against landlords in an edge-case scenario like the one I just described.

Also, for the record and the Chair, my earlier amendment is withdrawn -- I would like to be able to work out an amendment that addresses all aspects of this situation while also not allowing landlords to overuse such a clause.

After clarification from Jimmy, it appears I had arrived at a misunderstanding of the word "two-family" versus "multi-family" and as a result homeowners who lease to more than one family in a house setting would be able to be exempt from this law. As such, my concerns are withdrawn.

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Aye.

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Aye.