AB 22

Introduction

This bill prohibits discrimination in housing because of an arrest or conviction

record that is more than three years old and makes such discrimination a Class I

felony, which is punishable by a fine not to exceed $10,000 or imprisonment not to

exceed three years and six months, or both. The bill also makes it a Class I felony

to discriminate in employment based on arrest or conviction record.

Housing discrimination

Current law prohibits discrimination in housing on the basis of sex, race, color,

sexual orientation, disability, religion, national origin, marital status, family status,

lawful source of income, age, or ancestry (protected class), but not on the basis of

arrest or conviction record. A person who engages in an act of housing discrimination

may be required to provide such relief as may be appropriate, including economic and

noneconomic damages and injunctive or other equitable relief, and to pay a forfeiture

of not more than $10,000, except that a person who is not a natural person may be

required to pay a forfeiture of not more than $25,000 if the person has committed a

previous act of housing discrimination within the preceding five years or a forfeiture

of not more than $50,000 if the person has committed two or more previous acts of

housing discrimination within the preceding seven years.

Current law also prohibits a mortgage banker, loan originator, or mortgage

broker from treating a person unequally based on the person's membership in a

protected class. In addition, current law prohibits a real estate broker, real estate

salesperson, or time-share salesperson from treating a person unequally based on

the person's sex, race, color, handicap, national origin, ancestry, marital status, or

lawful source of income.

This bill prohibits discrimination in housing on the basis of an arrest or

conviction record that is more than three years old and prohibits a mortgage banker,

loan originator, mortgage broker, real estate broker, real estate salesperson, or

time-share salesperson from treating a person unequally based on such an arrest or

conviction record. The bill also makes it a Class I felony to commit an act of housing

discrimination against an individual on the basis of such an arrest or conviction

record. In addition, the bill requires a person who commits an act of housing

discrimination against an individual on the basis of an arrest or conviction within

the previous three years to inform the individual of the reason for the act, allow the

individual to provide information relevant to the arrest or conviction, and, if the

individual provides that information, reconsider the act.

Employment discrimination

Current law, subject to certain exceptions, prohibits discrimination in

employment, licensing, and labor organization membership based on arrest or

conviction record. Current law specifies, however, that it is not employment

discrimination because of arrest record to refuse to employ or to license, or to suspend