Ripple Effect Of New Employment Law On The Rental Housing Industry

By DANIEL BORNSTEIN, ESQ.

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Governor Jerry Brown’s pen has been busy signing several new laws affecting the workplace, and the consequences of AB 1008 reverberate throughout the rental housing industry. The legislation, also coined the "Fair Chance Hiring Bill" or "Ban The Box", makes in unlawful for an employer to include on an employment application any question that seeks disclosure of the applicant’s criminal history. The employer is also barred from asking about any convictions until the employer makes a conditional offer of employment.
 
This law is a culmination of efforts by a movement that has advocated for a fresh start for convicts that have been blocked from employment. Get some more backdrop and opposing viewpoints in this PBS video. 

 

 

In essence, AB 1008 has created yet another protected class of individuals that are now entitled to initiate a lawsuit against employers under the Fair Employment and Housing Act. The law amends Government Code 12952 and takes effect January 1, 2018. 

 

The ability to screen for past criminal history is particularly important in the rental housing industry, as employers work around children at rental properties and are granted access to tenants' units and personal possessions.

 

If your rental business has five or more employees, you are strongly advised to consult with an attorney to reduce the liability that can arise from this troublesome law, learn the permissible reasons to deny employment, how to weigh an applicant's checkered past, and ensure compliance with the many procedural requirements and written notices that are mandated with this new law.
 

 

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As the founding attorney of Bornstein Law, Broker of Record for Bay Property Group and expert witness, Daniel Bornstein is a foremost and well-respected expert in landlord-tenant disputes and other property management issues with over 23 years of experience in handling real estate and civil litigation related disputes.

 

CONTACT BORNSTEIN LAW
415 409 7611

 

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