What is Assembly Bill 1418 and How Does it Protect Tenants?
Assembly Bill 1418
In February, Assembly Bill 1418 (AB-1418) was proposed to address crime-free housing policies. This bill attempts to protect tenants from a variety of harmful crime-free housing laws that unfairly penalizes tenants for contact with law enforcement, punishes tenants for association with suspected or convicted household members, and discriminates against tenants with prior criminal convictions. In May, the bill was passed by the Assembly and is currently being considered by the Senate. If the bill is signed into law, it would ensure a fair process for tenants in questions of involvement with legal authorities.
AB-1418 and crime-free housing policies: what are crime-free housing policies?
Crime-free housing policies refers to a variety of local policies across California that require landlords to screen tenants or prospective tenants for past criminal activity or penalize landlords for lack of screening. These laws also punish landlords for housing tenants who engage (or are suspected to have engaged) in criminal activity on their premises. Similarly, tenants are punished for contact with the justice system via nuisance laws, which put tenants who call for emergency services at risk.
In many cases, these laws threaten tenants with evictions and fines for contact with the justice system, even in cases where individuals are simply related to or cohabitating with suspects/offenders. For example, under current crime-free housing policies, an entire household may be evicted when only one member is convicted or suspected of engaging in criminal activity. These local policies have been found to disproportionately harm Black and Latino tenants, making it more difficult for them to secure housing. Such policies also threaten domestic violence survivors, punishing them for their association with a criminal offender and—in cases concerning nuisance laws—punishing victims who seek emergency help. Crime-free housing policies also target individuals who have had some degree of contact with the justice system, even in cases where there is no concrete evidence of specific charges where individuals are simply subject to suspicion of undefined “criminal activity”.
How does AB-1418 protect tenants?
Under this bill, all tenants in the state of California will be protected against policies which threaten landlords or tenants on account of “contact with a law enforcement agency on or near the property,” as detailed in Section 2 of the bill. Under AB-1418, tenants are protected by the following actions:
Landlords are prohibited from punishing all tenants when only one household member or tenant is involved in criminal activity
Local governments may no longer require landlords to perform criminal background checks on tenants or potential tenants
Tenants are no longer penalized for suspected criminal activity in the absence of a felony conviction
Local policies may not require tenants to procure certificates of occupancy in order to rent
Local policies may not create or promote a tenant registry intended to discourage landlords from renting to certain tenants
Additionally, AB-1418 also prohibits calls to emergency services from being considered nuisances, ensuring that individuals are not punished for contacting law enforcement agencies. If the bill is signed into law, tenants will be entitled to protective court orders and equitable relief in cases where the bill is violated.
Limitations of AB-1418
This bill protects tenants from discriminatory housing policies, safeguarding those who have been disproportionately impacted by crime-free housing policies and nuisance laws and ensuring that individuals who have not engaged in any criminal activity are not penalized. However, under AB-14818, landlords will be allowed to participate in voluntary crime-free housing laws at their discretion, barring any local bans to such policies. Landlords can still opt to carry out background checks voluntarily (in places where they are legal) and refuse to consider tenants based on their criminal histories.