It’s OK to check a potential renter’s criminal record

Question: I have been told by several friends that I should be performing criminal background checks on all prospective tenants. Is this legal?

Answer: A landlord has a right to obtain a criminal background report and to use the results to screen prospective tenants, as long as the investigation does not exceed the limits set by state and federal law.

Since a background check is considered to be a “consumer credit report,” it is governed by California Civil Code Section 1785.13. This statute prohibits screening agencies from using arrest records, indictments or misdemeanor complaints that did not result in convictions. This statute also prohibits the use of convictions that occurred more than seven years before the check.

Under the state and federal fair housing laws, the use of criminal screening, like any other type of screening, must be applied evenly, across-the-board rather than selectively based on certain profiles or stereotypes.

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Rules shouldn’t target families

Question: The tenants in my apartment complex with babies have joined the “green” crusade by using services that provide cloth diapers. I do not want the baskets designated for pickup left inside the lobby area. Can I request this practice be stopped without appearing to be singling out families with children?

Answer: Having a rule directed specifically toward families with children may be considered familial status discrimination, which is prohibited by law. In order to steer clear of housing discrimination complaints, you could state that residents may not leave any of their personal belongings in the lobby at any point.

However, if you can state a legitimate business purpose for prohibiting the diaper recycle baskets in particular, you may be able to adopt such a policy. It is important that you notify each household, not just the families using diaper services. Then consider working out a compromise to pick an alternative location.

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Migraine sufferer gets no answer

Question: I suffer from severe migraines, and my doctor has recommended that I get blackout curtains. I have talked to my apartment manager about putting up the curtains, but I haven’t had a response. Since this is a medical need, can I go ahead and install them myself?

Answer: Under federal and state fair housing laws, tenants with disabilities are entitled to reasonable accommodations and modifications in their tenancy. The landlord must approve the request so long as it does not pose an undue financial or administrative burden.

For modifications like yours, the landlord has the right to approve the changes and ensure a workmanlike product, but the tenant is responsible for the cost. Any unreasonable delay or denial could be the basis for an affirmative discrimination claim.

Since your landlord has not responded to a verbal request, try putting it in writing, giving the landlord a specific date by which to respond. You should include some documentation from your doctor. If the landlord does not respond by the specified date, you have the option of filing a complaint against him with an enforcement agency or simply putting in the curtains yourself.

Your local fair housing agency can often assist in the process of requesting reasonable accommodations. Your landlord may be unaware of the relevant rules and requirements.

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This column is prepared by Project Sentinel, a rental housing mediation service. Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, CA 94087. For housing discrimination questions or help, call the state Department of Fair Housing and Employment at (800) 233-3212 or the Southern California Housing Rights Center at (800) 477-5977.