Tenant Screening in California: Guidelines for Housing Providers
California law sets clear requirements for how housing providers may screen applicants. These guidelines help ICMS case managers and housing providers understand tenant screening rules, application fee requirements, and fair housing obligations.
Resources are available at the Fair Housing Rights Project through the LA County website.
Application Fees and AB 2493 Compliance
Assembly Bill 2493 (AB 2493) introduced significant changes to how housing providers in California handle application fees. Housing providers must follow one of two compliance options and meet mandatory disclosure requirements for all applicants.
Note: These measures are intended to enhance transparency and fairness in the tenant selection process. Housing providers must comply with all requirements or risk violating California law.
Compliance Option 1: Sequential Processing
Process applications in the order received, provide written screening criteria upfront, and approve the first qualified applicant. No application fees are refunded under this option as long as the process is followed correctly.
Compliance Option 2: Refundable Fees
Charge application fees but refund them to unselected applicants within 7 days of selecting a tenant, or within 30 days of application submission — whichever comes first.
Mandatory Disclosures
Under AB 2493, housing providers must meet the following disclosure requirements for all applicants:
- Provide applicants with a copy of their consumer credit report within 7 days of receipt
- Issue itemized receipts for any application fees collected, detailing the costs incurred
Fair Housing and Criminal History Considerations
California law prohibits housing providers from discriminating against applicants based on criminal history unless the conviction directly relates to the applicant’s ability to fulfill tenancy obligations. Housing providers must follow an individualized assessment process.
Important: Blanket bans on applicants with criminal records are prohibited under California law. Each application must be evaluated individually based on the criteria below.
What Housing Providers Must Do
- Avoid blanket bans on applicants with criminal records
- Consider the nature and severity of the offense, the time elapsed since the conviction, and any evidence of rehabilitation
- Provide applicants the opportunity to present mitigating information
- Allow applicants to provide context on the circumstances that led to the conviction, their ability to pay rent, and any positive factors such as employment, stability, or community ties
What Must NOT Be Considered
- Arrests that did not lead to a conviction
- Sealed or expunged records
- Juvenile adjudications
- Convictions that have no direct relationship to the applicant’s ability to fulfill tenancy obligations
Tenant Screening Resources
The following resources provide additional guidance on California tenant screening law, fair housing rights, and applicant protections. Housing providers and case managers should review these materials to ensure compliance with current requirements.
Note: California tenant screening law changes regularly. Always verify current requirements with the resources below or consult a fair housing attorney for guidance on specific situations.
California Tenant Screening Guidelines
Access the full tenant screening guidelines for housing providers, including AB 2493 compliance requirements and criminal history screening rules.
Fair Housing Rights Project
The LA County Fair Housing Rights Project provides resources on tenant rights, housing discrimination, and applicant protections under California and federal law.
Additional Links
Last reviewed: April 2025