All Forum Posts by: Eric G.

@Brian Garlington: Yes, that's right. My apologies, Brian, and thanks for mentioning the exclusions I failed to point out.

Can you believe that though???

Why do property owners with Section 8 housing get exempt?

And ditto with the single family homes, duplexes, triplexes, owner-occupied in-law suites, and roommates looking for a new roommate. Why should they be exempt?

How is that fair?

Now, I imagine Section 8 gets a pass because similar to what @Bjorn Ahlblad said Oakland doesn’t have the juice to preempt federal law. And it seems the City Council is looking to stay align with 42 USC 3603(b) of the Fair Housing Act as to why the other exclusions exist.

But, I have to wonder, if not for these federal statues being in the way, would Oakland still exempt those types of properties?

I mean, they claim to want to give those fresh off the cell block a new shot at life. If they’re going to be consistent here, it only makes sense they would force these otherwise exempt properties accept felons too.

Remember, criminals have just as much free will as you and me. They made their choice to behave the way they did in the circumstances they were in. Why should the other tenants who did pass the criminal portion of the screening process be forced to say, “Hello, neighbor,” to those who could not?

All in all, it doesn’t matter, because the end result is for those uninterested in Section 8 housing or have their sights set higher than house hacking or some triplex, Oakland has robbed them of a legitimate tool for assessing the risk levels of potential tenants. Which in turn makes Oakland a less attractive locality to do business.

Sure you can get into doing some creative screening as @Nathan G. and @Llewelyn A. and @Sue K. have suggested, but it sure feels as if it is only a matter of time before these municipalities start picking the locks on those other criteria as well. Because these City Councils aren’t blind and could very well start advocating further changes in how tenant screening is done.

If that happens, where does that leave the landlord and the other decent, law-abiding tenants?

@Bjorn Ahlblad: And if you do a criminal screen, Oakland says they'll fine you a $1000 each time you do.

Are these people so short-sighted that they can't see this law will only make things worse?

Who would dare risk buying an apartment building and be forced to rent out to criminals? It is as if these people are intentionally trying to ruin their city. A real shame.

People don't get into real estate to become prison wardens, but entrepreneurs who want to get rich, which in turn their very activities enriches the community at large. This law is nothing but a slap in the face to those daring to invest in Oakland.

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?

While the real property statue links listed below for Maryland are useful, and they are, it would be nice if they were available in a single document where I could scroll down it or search it or simply just read it at will. 

Does anyone know if these statues are available as a single document anywhere?

Maryland - Article Real Property
http://mgaleg.maryland.gov/web...

LexisNexis - Unannotated Code of Maryland
http://www.lexisnexis.com/hott...

Maryland - Statue Look Up
http://mgaleg.maryland.gov/web...

2 pts of appreciation for the first person to get me a useful answer.
7 pts of appreciation if the answer doesn't require me to go all Kiyosaki in order to acquire said answer.

(DISCLAIMER: Points are not real and are just for fun. hey, you never know ... that's why landlords have crazy clauses cause sometimes tenants can be, well, oh so wonderful.)