RENTING: Can you put "no ex-cons" in the contract? (California)?

Question

Is this in any way a discrimination issue?

Answer 1

You don't put that in any contract. That's an issue with which you deal when you run their credit and background check prior to granting them tenancy. You are not discriminating if you refuse to rent to ex-convicts, since such is not a protected class for discrimination.

However, be sure that you use the exact same criteria for ALL whom you reject, since varying criteria CAN be discriminatory.

Answer 2

I would highly suggest that you do not put that on a contract. If you do, the person will turn around and take you to court for discrimination and the judge would have to allow that person a right to judgement for him.

There are other ways to make sure you have applications that you want. They will need to pay upfront for a credit check and you require a deposit and first months rent. That will deter some people who wouldn't have all the money up front per se.

Answer 3

No, you have the right to run a background check and not allow anyone with a prior conviction of a felony to rent your property. I was president of a HOA and we did not allow anyone that had any sort of conviction on their background, of course DUI's did not count, but we had the right to refuse to allow them to rent in the complex, where I live now just passed an amendment to not allow anyone that is listed as a sexual predator to buy or rent in my townhouse community. That is not discrimination, putting no African Americans, chinese, muslims etc is considered discrimination and you can be fined by the Fair Housing commission. Of course I wouldn't word it No Ex Cons.

I would just base it on their back ground check to refuse them and let them know it's because it was for a prior conviction, but you can always give them the chance to explain maybe it was something that happened 10 years ago and now he's on the straight and narrow. But you have the right to refuse for a shady background or poor credit or prior evictions.