Finding Housing After Criminal Conviction in CA - A Guide

Following a criminal conviction, it's very important to try to start a new life. Many people who have convictions want to put their past behind them. They want to start over, get a job, and find a place to live. However, finding housing that is safe and stable is a significant challenge. While the justice system may consider a person rehabilitated, others, like landlords, property managers, or even family members, may not agree with that. This can create a barrier.

Without a reliable place to live, rebuilding your life can become more difficult. Not having a home can affect employment opportunities, family stability, and the ability to integrate back into the community.

The team at Goss Law understands that those with a criminal conviction may have difficulty finding access to housing. They also have details on ban the box laws in CA. Here, we look at the obstacles these people may face, the rights they have under California law, and strategies for finding housing after criminal conviction in CA.

The Challenges of Housing with a Criminal History

The first step in understanding how to move forward with a criminal history is recognizing that many people have difficulty finding housing. Some of the most common challenges include:

• Background checks by landlords: Many property managers run routine background checks. Even if the conviction is old, it may appear and influence their decision to rent.

• Stigma from property owners: Landlords may assume someone with a conviction poses a risk to other tenants, regardless of the facts of the case. There is no law stating that a landlord can't discriminate based on a criminal record.

• Restricted eligibility for public housing: Certain convictions, such as drug offenses or violent crimes, may limit access to federally subsidized housing programs.

• Financial barriers: Legal fees, fines, or difficulties finding employment after a conviction can make it harder to afford application fees or deposits. A person may also have a poor or no credit history, which means they may not qualify for certain homes or apartments.

These obstacles can feel overwhelming, but they are not insurmountable. California law has built-in protections, and many resources exist to support those reentering society.

California Law - Fair Chance Housing

California is one of the states that is leading the movement towards "fair chance housing," which is a legal framework designed to give those with a criminal record a fair chances at securing a home. It's important to review and understand the following:

• Fair Chance Ordinances - There are several cities in California including San Francisco, Oakland, Berkeley, Los Angeles, and Sacramento that have passed local laws that limit when and how a landlord can use criminal background checks during the application process for housing. Known as "Ban the Box" laws, they prohibit a landlord from asking about a criminal history of the applicant on the initial application.

• Statewide Protections - The Department of Fair Employment and Housing in California enforces anti-discrimination laws. If a landlord refuses a rental based on discrimination, the tenant may have grounds for a complaint. Keep in mind that the law prohibits discrimination based on age, religion, etc, but they can still discriminate based on a criminal record.

• Individualized Assessments - In many jurisdictions, a landlord must consider the nature of the offense, how much time has passed since the conviction, and the evidence of rehabilitation before making a decision.

These laws show that housing is critical for successful reintegration and that banning tenants with criminal records are harmful to communities.

Public Housing Options and Restrictions

For many people, public or subsidized housing is the first step following release. However, federal guidelines under the U.S. Department of Housing and Urban Development (HUD) present restrictions:

• Those with specific drug-related convictions or sex offenses may not be about to live in public housing under these programs.

• Local housing authorities in California may also have discretion to deny an applicant if they believe that person's history poses a risk to the safety of others or to the safety of the property.

• That being said, HUD has recently been encouraging housing authorities to use fairer practices, and instead urging them to consider rehab and avoid rejections solely on the basis of their criminal past.

It is recommended that those looking for public housing in California should still apply, and with that application, they should offer documentation of their rehabilitation and appeal denials, when possible.

Private Housing Market Realities

If public housing isn't an option, or you want to look into the private housing market, it's important to understand that it's possible to find a home, but landlords may quickly deny an application. Fair housing laws do not allow discrimination on the basis of race, religion, gender, or disabilities. They do not, however, protect those who have a criminal record. Because of this, after you have served your sentence, landlords may deny you after submitting an application.

That being said, not all landlords will view the circumstances in the same way. Some might be more flexible than others. For example, if you have an old criminal record, if the crime was non-violent, or if it was a crime that wouldn't affect your status as a good tenant, a landlord might not care as much, and your application will be accepted. You may be able to boost that chance of success if you have strong references and proof of stable income.

Practical Steps to Improve Housing Chances

Though there are instances where the law offers some sense of protection, those who have a record should expect things to be challenging, but not impossible. Yes, your past may have an impact of your chance of leasing or renting a home, you can take some measures that can result in success. Consider taking these steps when you engage with a landlord:

1. Be Honest About the Conviction Even if they don't see it at first, many landlords will eventually see the conviction through a background check. Attempting to hide it may backfire. You can respond with a straightforward acknowledgment, paired with an explanation of rehabilitation, ensuring more trust.

2. Highlight Rehabilitation Efforts Certificates of completion for treatment programs, education, community service, or job training demonstrate responsibility and personal growth. This is a clear sign that you are taking your new life seriously.

3. Offer References Letters from employers, parole officers, mentors, or community leaders can reassure landlords about character and reliability. Speak to staff of your rehabilitation program, too.

4. Show Proof of Income and Stability Stable employment and consistent income often outweigh past concerns for many landlords. Providing pay stubs, tax returns, or a work verification letter is helpful.

5. Consider a Co-Signer or Roommate As a rule of thumb, some landlords may feel more comfortable approving an application if a co-signer with a strong rental or financial history is involved.

6. Target the Right Landlords Small, independent landlords may be more open-minded than large property management companies with rigid policies. Searching community listings, networking, or contacting local reentry programs may reveal opportunities.

The Role of Expungement of Criminal Records in Housing Applications

California law allows certain criminal convictions to be expunged. While an expunged conviction may still appear in some places, it often makes the experience of looking for housing easier.

• Expungement effectively dismisses the conviction for many purposes, including housing.

• Landlords with this information may be more willing to approve applications.

• Not all offenses are eligible, so it’s important to consult with a law firm about whether expungement is an option in your particular case.

Nonprofit and Community Resources

In addition to legal options, there are a number of organizations in California that will help those ready to re-enter society.

• Reentry programs: Many counties fund organizations dedicated to helping former inmates transition back into society. These often include help with housing.

• Faith-based organizations: Churches and community groups sometimes provide transitional housing or connections to landlords who are willing to give former inmates a chance.

• Legal aid services: Free or low-cost legal aid organizations have attorneys who can help challenge unlawful denials and advocate for fair housing rights. For more information, the best criminal defense attorneys in Sacramento CA may be able to help.

Considering these resources can provide both immediate housing options and long-term support.

Why Housing Stability Matters

The importance of securing housing after a conviction is very important. Without a stable place to live, former inmates face a higher risk of:

• Job instability

• Loss of child custody or family connections

• Health and mental health challenges

• Recidivism due to lack of stability

On the other hand, individuals who secure stable housing are more likely to maintain employment, support their families, and successfully reintegrate into society.

How Goss Law Supports Clients Beyond the Courtroom

At Goss Law, we understand that representing our clients doesn't just end when the criminal case is over. We know that rebuilding your life following a conviction requires addressing things like housing, employment, and reputation. We can share information on what the second chance program in CA is.

By advising clients on their rights, guiding them through expungement processes, and connecting them to local reentry resources, Goss Law helps clients move forward with greater confidence.

We believe that past mistakes should not define someone’s future—and that fair access to housing is the basis of getting a second chance.

Those who have questions about housing following a criminal conviction are invited to reach out. We are committed to ensuring our clients looking for housing are treated fairly.