California's fair housing regulations, 2 CCR §§ 12264 to 12271 (operative January 1, 2020), control how a housing provider may seek, consider or use criminal history. Some information is off limits, including arrests that did not lead to a conviction and sealed or dismissed convictions, and blanket bans on people with records are unlawful (2 CCR § 12269(a)). A criminal-history practice with a discriminatory effect is lawful for a rental business only if it is limited to directly related convictions and meets the justification test in 2 CCR § 12266(b).

The short version

  • Never seek, consider or use the categories listed in § 12269(a), such as arrests without conviction, diversion, infractions, sealed or expunged convictions and most juvenile matters.
  • "No felonies" and "no criminal record" are blanket bans and are unlawful (§ 12269(a)(5)).
  • If its practice has a discriminatory effect, a rental business must show the practice serves a substantial, legitimate interest, uses only directly related convictions, and has no less discriminatory alternative that works as well (§ 12266(b)).
  • Give applicants a chance to present mitigating information, and check the report for errors before acting on it.
  • No statewide fair-chance housing law exists as of October 19, 2026; some cities have their own rules.

What you may never consider

Section 12269(a) makes it unlawful to "seek, consider, use, or take an adverse action based on" any of these:

  1. An arrest that did not result in a conviction, or being questioned, detained or held for investigation.
  2. Referral to or participation in a pre-trial or post-trial diversion program, or a deferred entry of judgment program.
  3. Any infraction, or any conviction that has been sealed, dismissed, vacated, expunged, voided, invalidated, pardoned or otherwise rendered inoperative, or for which a certificate of rehabilitation was granted.
  4. Unless an applicable court order allows it, any juvenile justice adjudication or matter processed through the juvenile system.
  5. A blanket ban or categorical exclusion that rejects everyone with a record regardless of whether the conviction is directly related to a demonstrable risk. The regulation's own examples are bans on "all individuals with a criminal record," "prior convictions," "prior misdemeanors," and "prior felonies."

There is one exception for items 2 to 4: if the applicant volunteers that information as mitigating information, you may consider and use it (§ 12269(a)).

"Criminal history information" is defined broadly and includes investigative consumer reports (2 CCR § 12264), so a vendor's report can carry information you may not use.

The test a screening practice must meet

Entities engaged in the rental, sale, management or operation of residential real estate are business establishments under these regulations, a term to be "broadly interpreted" (2 CCR § 12005(f)(1)). For a business establishment, a criminal-history practice with a discriminatory effect is lawful only if the business shows all three of these (§ 12266(b)):

ElementWhat it asksWhat to have ready
A real interestThe practice is necessary to achieve a substantial, legitimate, nondiscriminatory interest, "such as the safety of its residents, employees, or property"A written statement of the interest the policy serves
Directly related convictions onlyThe practice uses only convictions with "a direct and specific negative bearing" on that interest (§ 12005(k)), weighing the nature and severity of the crime and the time that has passedA list of the offense types the policy considers and why each one bears on the stated interest
No equal, less discriminatory alternativeNo feasible alternative would serve the interest as well with less discriminatory effectA record of the factors below and how your process handles each

The regulation gives two examples: a ten-year-old misdemeanor conviction for a driving offense "would not likely be directly-related to fulfilling financial obligations", while "a recent criminal conviction for residential arson could be directly-related" to the risk of harm to residents or property. A non-business housing provider faces a four-part version of the test (§ 12266(c)).

Factors that must be considered

Under § 12266(d), deciding whether a less discriminatory alternative existed must take these into account:

  1. Whether the applicant gets an opportunity to present individualized, mitigating information, in writing or in person, and written notice of that opportunity.
  2. Whether the information is checked for factual accuracy (not outdated, incorrect, falsified, or attributed to the wrong person).
  3. Whether mitigating information is considered before any adverse action.
  4. Whether a third-party criminal-history report is delayed until after the applicant's financial and other qualifications are verified.
  5. Whether a copy or description of the criminal-history policy is given on request.
  6. Any other relevant factor.

Factor 4 is only a factor. The regulations do not contain a stand-alone rule that bars asking about criminal history until after other qualifications are checked. Some California cities have their own fair-chance housing rules; check local law.

How to build a compliant process

  1. Write the policy. Name the interest (for example, resident safety), the offense types that bear on it, and how much time must have passed. Avoid any category from § 12269(a).
  2. Put it in the criteria. Advertising a lawful screening policy, giving applicants a copy and offering them a chance to present mitigating information are expressly not unlawful (2 CCR § 12268). See writing rental criteria.
  3. Run the other checks first. Checking criminal history after income, credit and rental history is one of the listed factors.
  4. Read the report against the off-limits list. Set aside anything § 12269(a) bars before you evaluate the rest.
  5. Give written notice of the right to respond. Tell the applicant what in the report concerns you and invite mitigating information in writing or in person.
  6. Weigh mitigating information. Section 12266(e) lists examples: being a minor or young adult at the time, time since the conviction, good tenant history before or after, rehabilitation (completing parole or probation, a certificate of rehabilitation, steady employment), conduct arising from being a survivor of domestic violence, sexual assault, dating violence or stalking, and conduct arising from a disability where a reasonable accommodation could reduce the risk.
  7. Apply it the same way to everyone. Treating comparable criminal history differently for members of a protected class may show pretext (2 CCR § 12267).
  8. Send the reporting-law notices. Owners who get criminal history from third parties remain subject to the federal and California adverse-action rules (§ 12269(c)). See adverse action notices.

Complying with a specific federal or state law that requires considering criminal history is an affirmative defense (2 CCR § 12270).

What a screening report may show

Reporting agencies may not report arrest or conviction records more than seven years old, measured from disposition, release or parole, and may not report an arrest once they learn it did not lead to a conviction (Civil Code § 1785.13(a)(6); see also § 1786.18(a)(7)). Even within that window, § 12269(b) notes that a court may consider shorter look-back periods when deciding whether a feasible alternative existed. Section 12269(b) does not name a specific shorter period, so choosing one is a judgment to make with counsel.

For owners

Treat criminal history as one narrow, written part of screening. If a vendor runs the checks, ask it to exclude the § 12269(a) categories. How courts and the Civil Rights Department have applied these regulations is not covered on this page, so have counsel review the policy before you use it. The fair housing and source of income and application and screening fees law pages cover the rules that apply alongside it.

For renters

A landlord may not seek or use arrests that did not lead to a conviction, diversion, infractions, or sealed or dismissed convictions. If a landlord raises a conviction, you may offer mitigating information, such as time passed, your rental history, or completion of probation. If a report has errors, say so in writing; checking accuracy is one of the factors the regulations list. If a report contributed to a denial, the required notice must tell you how to get a free copy and dispute it with the agency.

Local rules

Some cities add rules on top of state law, such as local just-cause, relocation or rental registration requirements; some California cities also have their own fair-chance housing rules, and the state regulations do not exempt anyone from more protective local ordinances (2 CCR § 12271). Check your city's code. Coronado has no local rent-control or just-cause ordinance as of October 2026 (based on a review of its code's contents).

Frequently asked questions

Can a California landlord ask about criminal history on a rental application?

The regulations do not ban the question outright, but they limit it sharply. You may not seek or use any of the categories in 2 CCR § 12269(a), the statement on the application must not conflict with the regulations (§ 12268), and a practice using convictions that has a discriminatory effect must meet the § 12266 test. Waiting to check criminal history until after financial and other qualifications are verified is a factor in that test, not a stand-alone rule.

Can I reject applicants with any felony conviction?

No. A ban on everyone with "prior felonies" is one of the blanket bans 2 CCR § 12269(a)(5) names as unlawful. A policy must be limited to convictions directly related to a stated interest, considering the nature and severity of the crime and how much time has passed (§ 12266(b)).

Is there a statewide fair-chance housing law in California?

No. As of October 19, 2026, no statewide fair-chance housing statute exists; Gov. Code § 12955 contains no criminal-history provision, and AB 2064 (2025 to 2026) was held in Assembly Appropriations on May 14, 2026. The FEHA regulations at 2 CCR §§ 12264 to 12271 are the statewide rules.

How far back can a tenant screening report go?

Civil Code § 1785.13(a)(6) bars reporting agencies from reporting arrest or conviction records more than seven years old, measured from disposition, release or parole. The FEHA regulations add that a court may consider shorter look-back periods when judging whether a less discriminatory alternative existed (2 CCR § 12269(b)).

Can a landlord consider a conviction the applicant mentions voluntarily?

For diversion, infractions, sealed or dismissed convictions and juvenile matters, yes, but only if the applicant volunteers the information as mitigating information (2 CCR § 12269(a)). Arrests that did not lead to a conviction are not covered by that exception.

This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.

McKee Properties manages rentals from its Coronado office; contact us with questions about your property.

Sources

Verified October 19, 2026.

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