Your Rights When a Private Landlord Directly Asks You About Your Criminal Record

Can a private landlord ask me about convictions or arrests older than 7 years?

Generally, yes.* A private landlord can ask you—in writing in an apartment application OR directly in conversation—about past criminal convictions, arrests, and other criminal activity, and you should answer honestly. BUT if the landlord is asking you about past convictions, criminal conduct or activity, he or she must be asking everyone equally.[1295]

* SPECIAL “BAN THE BOX” PROTECTION IN SAN FRANCISCO, CA: In San Francisco, CA, there are special protections if you apply to city-funded affordable housing in San Francisco—which includes private “Below Market Rate” (BMR) apartments that are often in new buildings. See Appendix H, PG. 427 to learn more about this new law called the “San Francisco Fair Chance Ordinance,” which prevents some housing providers from asking you about your criminal record on the initial application.

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    See also Fair Housing Act, 42 U.S.C. § 3601 et seq.; Fair Employment & Housing Act, Cal. Gov’t Code § 12955 et seq.; Unruh Civil Rights Act, Cal. Civ. Code § 51.