Criminal Background Checks

In other parts of the country criminal background checks are routinely run on apartment applicants. In fact, in many states they are considered to be an essential part of the background check and an essential responsibility of an owner to ensure that unsavory people are not moved into an apartment community. This is not the case in California.  Consequently, while it is routine and accepted to run criminal background investigations in other states, this is not the norm in California. 

In California, the Megan’s Law legislation included a clause that prohibits the use of the Megan’s Law information in the denial of housing. The result of this measure was to essentially protect sexual predators as a class of people, similar to the status of race or sex.

The California Apartment Association has been working for a number of years to correct this but has found it unpopular with key legislative officials in Sacramento.  Their goal is to pass legislation to correct his oddity and to allow owners to make reasonable decisions regarding the appropriateness of including persons with a history of sexual violence or other at risk criminal behavior in apartment communities and housing units. Only the passage of time will tell us the result of these efforts.  Don’t expect to see any changes in the near future. 

Last Revision 10.02.2008

V. 1.02