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Residential/Tenant Screening (84)

In March 2022, a motion was passed before the Los Angeles City Council directing the “City Attorney, in consultation with the Housing Department, to prepare and present, within 45 days, a Rental Access Ordinance” that prohibits landlords from considering credit or criminal history, among other things. The proposal is coming from four council members, Mike Bonin (D-Brentwood/Venice); Marqueece Harris-Dawson (D-Crenshaw); Nithya Raman (D-Studio City/Hollywood Hills); and Kevin de León (D-Downtown/Monterrey Hills).

CDIA prepared talking points in opposition to the measure.

The motion was sponsored by 40% of the committee of referral and 27% of the council. The motion is Council File 22-0265 (text). The proposal has been referred to the Housing Committee.  The committee is chaired by Councilmember Gilbert Cedillo (D-Pico Union/Highland Park). On the committee are Councilmembers Raman, Harris-Dawson; Paul Krekorian (D-North Hollywood); and John Lee (I-North Ridge).

Motion:

I THEREFORE MOVE that the City Council instruct the City Attorney, in consultation with the Housing Department, to prepare and present, within 45 days, a Rental Access Ordinance that:

  • Prohibits landlords, or their agents, from asking about or using a prospective tenant’s failure to pay rent or utility bills during the COVID-19 emergency period in the evaluation of a rental application;
  • Prohibits landlords, or their agents, from asking about or using a prospective tenant’s prior or ongoing participation in a rental assistance program in the evaluation of a rental application;
  • Prohibits landlords, or their agents, from asking about or using a prospective tenant’s history of one or more eviction notices served or cases having been filed against the tenant, regardless of the outcomes of the case(s), in the evaluation of a rental application;
  • Prohibits landlords, or their agents, from using algorithmic or automated tenant screening or evaluation services, including tenant screening or approval scores, in the evaluation of a rental application;
  • Prohibits landlords, or their agents, from using credit checks and/or asking about credit history (including bankruptcy) in the evaluation of a rental application; and
  • Includes a private right of action for prospective renters, or organizations acting on their behalf, with attorneys’ fees, and implements penalties for violations of the ordinance to encourage adherence to the provisions of the Rental Access Ordinance, discourage discriminatory and/or arbitrary landlord screening practices, and otherwise strengthen the enforceability of the Rental Access Ordinance.

The proposal was the subject of an L.A. Times story when the motion was approved, Proposal would limit how L.A. landlords can screen potential renters. The proposal was also noted in a May 2022 piece in LA-ist, As Landlords Intensify Tenant Background Checks, Some Lawmakers Want New Limits On Screening.

Filing a letter in support was the Echo Park Neighborhood Council, as well as a letter from the East Hollywood Neighborhood Council.

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