HB 30-15: Fair Chance at Housing Act (Passed)

[Joseph Cao]

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) Two-family dwelling exception. —

Subsection (2)(a) shall not apply to landlords renting a two-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.

Sponsor: Jimmy
House Designation: 30-15

72 hours to debate.

[Esteemed Jimmy]

This bill is pretty simple, it prevents landlords from denying a lease to tenants with a criminal record except for the crimes listed in Subsection (2)(b).

[Esteemed Jimmy]

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 of 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 procession 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 conditional lease offer offer.

(e) Two-family dwelling exception. —

Subsection (2)(a) and (2)(c-d) shall not apply to landlords renting a two-family dwelling in which they live in 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.

[P. Clodius Pulcher did nothing wrong]

What's the point of this amendment?

[Esteemed Jimmy]

What's the point of this amendment?

To make sure a renter follows Subsection (2)(a) and to make sure the renter has clear cause for rescinding a lease offer for the reasons listed in Subsection (2)(b).

[Sestak]

'procession' should be 'position', but overall it seems like a solid bill to me.

[Joseph Cao]

'procession' should be 'position', but overall it seems like a solid bill to me.

Surely that would be "possession"?

Anyway, this typo is fairly small-potatoes in comparison to the bill itself, which I support. I like the enforcement mechanism in Jimmy's amendment as well. 24 hours to object to its adoption.

As Speaker I'll be amending the original post for spelling errors and the like.

[Joseph Cao]

Seeing no objections, Jimmy's amendment is adopted.

[Joseph Cao]

What does the rest of the House think?

[Joseph Cao]

Motion for a final vote. 24 hours to object.

[Esteemed Jimmy]

No objection. Sad to see no other commentary though from other representatives.

[Joseph Cao]

Final vote open, y'all.

72 hours to vote; please vote Aye, Nay, or Abstain.

[Saint Milei]

Nay

[Esteemed Jimmy]

Aye

[Starry Eyed Jagaloon]

Aye

[Continential]

Aye

[lfromnj]

Nay

[Joseph Cao]

Aye.

[Joseph Cao]

Vote closed. By a vote of 4-2-0-3, this bill passes the House and is sent to the Senate.

[Joseph Cao]

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) Two-family dwelling exception. —

Subsection (2)(a) shall not apply to landlords renting a two-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.

People's House of Representatives
Passed 4-2-0-3 in the House of Representatives

[P. Clodius Pulcher did nothing wrong]

Aye

[Talleyrand]

AYE