Can California Landlords Consider Criminal History?
By JC Pacific Corp Published 2026-09-01 Last professionally reviewed: September 2026
California housing providers cannot safely use blanket rules rejecting every applicant with a criminal record. Any consideration should be limited, relevant to tenancy, individualized, and compliant with state, federal, and local fair-housing rules.
What information should not drive automatic denial?
High-risk categories include:
- Arrests without conviction
- Records that did not result in conviction
- Old or irrelevant convictions
- Sealed or expunged records
- Juvenile records
- Participation in diversion
- Broad any-felony rules
- Offenses unrelated to tenancy
Local ordinances may impose stricter limits.
What does individualized review consider?
A lawful review may evaluate:
- Nature of the conduct
- Severity
- Time passed
- Age at the time
- Relationship to legitimate tenancy concerns
- Rehabilitation
- Subsequent rental history
- Mitigating circumstances
- Accuracy of the record
What happened in California in 2026?
The California Civil Rights Department announced a settlement requiring a major property manager to review and revise policies after allegations that an applicant was automatically rejected based partly on an unrelated misdemeanor.
See the California Civil Rights Department's announcement of the 2026 tenant-screening settlement for the facts as announced by the agency.
Frequently Asked Questions
Can a landlord reject someone based only on an arrest?
That is highly problematic and may be prohibited.
Can applicants correct an inaccurate report?
Consumer-reporting laws generally provide dispute rights.
Are sex-offender registration rules different?
Specific legal obligations and exceptions require attorney review.
Educational information
This content is for general educational purposes and is not legal, tax, financial, investment, insurance, fair-housing, or property-management advice. California landlord-tenant law is highly fact-specific and changes frequently. Cities and counties may impose additional rent-control, eviction, relocation, registration, tenant-buyout, inspection, and notice requirements. Consult a qualified California attorney or other appropriately licensed professional regarding a specific property, tenant, notice, screening decision, accommodation request, or dispute. Housing providers must comply with federal, California, and applicable local fair-housing laws. Screening standards and rental practices must not discriminate based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, disability, source of income, veteran or military status, citizenship, immigration status, primary language, age, or any other protected characteristic.
Have criminal-history criteria reviewed for California and local compliance before ordering screening reports.
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