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Updated over 5 years ago on . Most recent reply

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Eric G.
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36
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That's Just Criminal

Eric G.
Posted

Anyone see this?

Oakland bans criminal background checks on potential tenants

https://www.latimes.com/california/story/2020-01-21/oakland-bans-criminal-background-checks-on-potential-tenants

1. Is this fair to the law-abiding tenants?

2. If a tenant commits a crime during his tenancy, will Oakland make it illegal to evict?

3. And, in the long run, will this new law increase or decrease housing in Oakland? I mean, does this news send you the warm and fuzzies where you just can't wait to invest in that city?

4. Second chances are great and all, but will their city council be there to pick up the tab and accept the liability in the event something really bad happens?

What do you think?

Most Popular Reply

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28,236
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
41,349
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28,236
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied
Originally posted by @Bjorn Ahlblad:

I'd really like to hear from someone like @Nathan Gesner I suspect Oakland does not have the juice to enforce this.

Thanks for the mention. You can expect nonsense like this to continue to increase for two reasons: the increasing felony population in certain cities and the increasing number of leftist politicians that see housing as a right.

The main thing to remember is that you can't base a decision on criminal behavior but that doesn't mean you can't reject them for other reasons. For example, you could require all applicants to have a credit score of 600 or at least two years of Landlord references or one year of stable employment or...you get the idea. Most felons are still owing child support, can't hold a steady job, won't have Landlord references, etc. So there are plenty of reasons for denying their application that has nothing to do with their criminal record.

The article also says you can still reject meth heads, sex offenders, or for other reasons.

I do believe it's wrong to have a blanket "no felons" policy. HOWEVER...Landlords need the freedom to protect their property, their income, and their community. Government regulations like this will only serve to punish good Landlords trying to do the right thing. I would personally consider renting to a murderer if they've been out of prison and living a clean life for 5+ years. Meanwhile, a crackhead that's only been out three months has a high propensity for falling back into their old ways so I would reject them immediately.

  • Nathan Gesner
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