Tag: Fair Chance Housing Seattle

Federal Appeals Court Rules Against Seattle Fair Chance Ordinance April 24, 2023 The 9th Circuit Court of Appeals has overturned part of Seattle's Fair Chance Housing ordinance. This decision follows a federal judge ruling the Fair Chance Housing ordinance unconstitutional due to violating free speech protections. In 2017, the city council passed a provision to lower the obstacles people of color face with a criminal history in obtaining housing. This provision aimed to prohibit landlords from asking potential tenants about their criminal background or using it to deny them tenancy. Through this provision, the city council intended to reduce the discriminatory practices that hindered these individuals from accessing housing. Additionally, the provision banned landlords from advertising that they would deny applicants with a criminal history. This ban ensured landlords could not refuse to rent to anyone due to their criminal history. It also prohibited them from inquiring about an applicant's criminal record during the application process. However, landlords who would share their home with a potential tenant had more discretion when deciding who would rent the space. In 2018, a group of landlords filed a lawsuit against the Fair Chance Housing ordinance. The group said it violated their free speech rights concerning the due process. The landlord's attorneys argued that they had the right to ask questions that could affect the safety of their tenants. In response, the court advised in favor of a rational basis review. This decision required the landlords opposing the ordinance to prove it did not serve the government's interests. However, the Ninth Circuit Court of Appeals found that the government cannot prevent landlords from asking applicants about their criminal records when choosing tenants. The judges emphasized that the ordinance should reduce racial injustice and lower the barriers to obtaining housing. With this reminder, they ruled that banning the discussion of criminal history between landlords and potential tenants went against these interests. This decision means landlords can ask applicants about their criminal history. As a reminder, the Washington Law Against Discrimination prohibits discrimination against people with criminal records. The law also permits landlords to ask about criminal history, though they cannot refuse housing based solely on an individual's criminal record. This restriction means landlords must conduct background screenings carefully. The best way to do this is to partner with a background check company you can trust to help you comply with all applicable laws. Pre-employ makes background checks easy and reliable. Speak with a sales representative today. Source

Tag: Fair Chance Housing Seattle

Federal Appeals Court Rules Against Seattle Fair Chance Ordinance

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