Can California Landlords Refuse Tenants With Criminal Pasts?

Quick Answer: Yes, but with strict limitations. California landlords may consider criminal convictions during the tenant screening process, but overly broad or inconsistent rental criminal background check policies can violate housing laws.

For California landlords, applicant screening plays a key role in risk management—protecting both the property and other tenants. But when renting to individuals with felony convictions comes into play, the process becomes more complex.

While landlords have the right to consider certain convictions, both federal and state housing policies set strict rules about when and how a criminal record can influence rental decisions. Understanding these requirements is critical for staying compliant and avoiding claims of discrimination.

This guide outlines the most important housing laws that apply to criminal history checks and offers guidance on how to conduct a background check for housing in California lawfully.

Federal Fair Housing Act

The Fair Housing Act prohibits discrimination based on protected characteristics like race, religion, national origin, disability, and familial status. While criminal history itself isn’t a protected class, HUD has emphasized that criminal background check policies can still violate the law if they result in disparate impact discrimination—a practice that disproportionately affects protected groups.

In 2016, HUD issued guidance clarifying that a blanket denial of applicants with criminal records could violate the Fair Housing Act. Under HUD screening guidance, landlords must be able to show that any exclusion based on criminal history is necessary to achieve a substantial, legitimate, non-discriminatory interest.

This means any criminal background check for a rental must be narrowly tailored and consistently applied.

California Laws & Regulations

California law, including the Fair Employment and Housing Act (FEHA), goes even further to protect renters. Several cities, including San Francisco and Oakland, have enacted Fair Chance Housing ordinances that impose stricter limits on when and how landlords may conduct a criminal background check for an apartment rental.

In these jurisdictions, housing policy prohibits asking about criminal history until after a conditional offer is made. In some cases, certain offenses can’t be considered at all. These local and statewide protections emphasize individualized assessments and discourage blanket bans on renting as an individual with a criminal record.

Arrests vs. Convictions: What’s the Difference Legally?

When conducting a background check for housing, landlords must understand the difference between arrests and convictions. In California, landlords cannot deny housing based solely on arrest records that did not result in a conviction.

Convictions, however, may be considered during the tenant screening process—but only if they meet specific criteria. Landlords should focus on whether:

• The conviction is recent
• It relates to safety or property damage
• There’s evidence of rehabilitation

For example, rejecting a 10-year-old nonviolent offense may not hold up if it doesn’t pose a clear risk. Each case should be reviewed in context to comply with fair applicant screening practices.

Best Practices for Screening Applicants With Criminal History

To stay on the right side of the law, landlords should create a written policy that includes:

• A list of offenses that may be considered (e.g., violent crimes, drug manufacturing)
• A clear timeframe (e.g., convictions within the last 5-7 years)
• Justification that connects specific offenses to legitimate safety concerns

A structured rental criminal background check process also protects against accusations of bias. Every applicant must be evaluated using the same criteria. Inconsistent decision-making can open the door to fair housing complaints and legal liability.

Risks of Non-Compliance

Failing to follow proper procedures can result in serious consequences:

• Fair housing violation complaints
• HUD investigations
• Civil lawsuits and monetary penalties
• Legal costs
• Damage to reputation

Many enforcement agencies and tenant advocacy groups use testers to spot unlawful practices. If your screening method violates HUD criminal background check requirements, you could be held accountable—even if the discrimination was unintentional.

How Landlords Can Protect Their Property—Legally

Despite these restrictions, landlords can still mitigate risk effectively. Strategies include:

1. Using licensed tenant screening services that follow California and federal laws
2. Focusing on recent and relevant convictions tied to safety or property concerns
3. Applying your policy equally to all applicants
4. Including lease terms that address tenant behavior and property maintenance

By aligning your risk management practices with fair housing standards, you can protect your investment without running afoul of the law.

Screen Smarter, Stay Safer—with Genuine Property Management

At Genuine Property Management, we take the guesswork out of the tenant screening process. Our team stays up to date on evolving housing laws and HUD screening guidelines to ensure your rental decisions are both legally compliant and strategically sound.

Whether you’re navigating the complexities of renting to an individual with a criminal record or refining your background check for housing, we apply risk management principles that protect your property and community—without compromising on fairness. Trust our experienced Southern California property management team to help you screen smarter and manage with confidence.

References:

Civil Rights Division: U.S. Department of Justice. The Fair Housing Act.
Department of Rehabilitation. The Fair Employment and Housing Act.
SF.gov. Affordable housing protections for people with criminal history.
City of Oakland. Fair Chance Housing Ordinance.