Criminals: The Latest Protected Class

So criminals are a protected class now?

In case you haven’t heard, Oakland has recently banned landlords from performing background checks on prospective tenants. Anyone that feels discriminated against can file a complaint with the city or file a lawsuit and the city can issue penalties of up to $1,000 per violation. This doesn’t apply to landlords in SFR, duplexes, and triplexes if they live on the property.

Owners of government-subsidized affordable housing units including Section 8 units can conduct a limited background check on prospective tenants since it’s a federal rule. Federal law allows for the exclusion of people who are on the sex offender list and those who were convicted of manufacturing meth.

Everyone Deserves a Place To Live

Proponents of this radical decision say that criminal history doesn’t determine whether or not they’ll be a good tenant. It doesn’t prevent them from paying the rent on time. Ultimately, people need a place to live, and these ex-convicts have already paid their debt to society by serving their prison sentence. They shouldn’t be punished again when they get out.

It’s hard to re-assimilate into society after being a convict. Your job opportunities are scarce and you’re more likely to get denied when you apply for a place to live. I’ve seen this first-hand with one of my roommates in college. After coming out of jail he couldn’t find decent work and wasn’t able to get his own place because of his criminal record. If it wasn’t for me letting him live with me, he’d have to move back to his parent’s house.

What About The Landlord’s Rights?

On the other hand, your risk of being involved in a lawsuit shoots up when you have an ex-felon in your property. Imagine a convicted drug dealer who goes back to dealing drugs. Neighbors will complain and you will have more than just a headache on your hands.

If you own an apartment complex, eventually your good tenants will leave and the bad tenants will stay. You may even lose the complex if too many move out and the rest stop paying! Having an ex-felon in one of your units may make your other tenants feel unsafe.

As an owner, shouldn’t I be allowed to decide who gets to rent my place?

When renting a unit, I expect my property manager to pick the best tenant. I want someone who will pay rent on time, won’t bother my team too much, and most importantly, won’t get me sued because of them!

What are your thoughts, should criminals be a protected class where we aren’t allowed to discriminate against them? Or is this a step too far?

Let me know!