Golden State Today

California Attorney General Rob Bonta has submitted a comment letter supporting a proposed rule by the U.S. Department of Housing and Urban Development (HUD) aimed at reducing barriers to HUD-assisted housing for individuals with past involvement in the criminal justice system. According to HUD, nearly a third of adult Americans have a criminal record, with approximately eight million such individuals in California alone.

In his comment letter, Attorney General Bonta emphasized that affordable housing is crucial for the successful reentry of justice-involved individuals and for reducing recidivism. He also recommended several changes to enhance the effectiveness of the proposed rule.

"Reducing barriers to affordable housing is critical, particularly for those in our communities who have experienced interactions with the criminal justice system. Current research shows that these justice-involved individuals — who are disproportionately Californians of color — struggle to find housing, and too often, end up homeless," said Attorney General Bonta. "We cannot ignore this reality; we must face it head on. At its core, the Biden Administration’s proposed rule seeks to promote second chances, and I am proud to support it."

HUD-assisted housing includes both HUD-subsidized housing and housing choice vouchers. There are over half-a-million HUD-subsidized housing units in California, providing homes for nearly one million low-income individuals and families. Over 300,000 households use housing choice vouchers in California.

Attorney General Bonta highlighted that the proposed rule balances the need for safe, affordable housing for justice-involved individuals with the interests of housing providers in maintaining tenant safety. Specifically:

- The proposed rule would generally prohibit consideration of criminal activity occurring more than three years prior to an application—a "lookback period"—which aligns with research showing decreasing recidivism rates over time.

- It mandates that determinations of criminal activity satisfy a preponderance of evidence standard, promoting fairness by requiring consistency with most civil housing matters.

- It supports state and local innovation in reducing barriers within Public Housing and Section 8 Housing Choice Voucher Programs.

Attorney General Bonta also recommended additional changes:

- Clarify preemption language to ensure compliance with California's strong legal protections.

- Exclude non-conviction records, juvenile records, service call records, and expunged conviction records from consideration in housing decisions.

- Expand lookback periods and procedural protections across all relevant voucher programs.

- Require individualized assessments not only for admissions but also eviction decisions.

- Mandate individualized assessments when using automated decision-making tools like artificial intelligence.

Attorney General Bonta has been proactive in ensuring equal access to housing. On April 13, 2023, he issued guidance directing California cities and counties to review their crime-free housing policies for compliance with federal and state civil rights laws. On February 7, 2024, he issued updated guidance outlining obligations under Assembly Bill 1418 (AB 1418), authored by Assemblymember Tina McKinnor (D-Inglewood). AB 1418 prohibits local governments from enacting regulations penalizing tenants or landlords solely based on law enforcement contacts.

A copy of the comment letter can be found here.