Oakland · Tenant screening
Can they ask about my criminal record in Oakland?
Oakland bans these questions on rental applications.
“Gender, Sexual Orientation, or Marital Status,
Age or Whether You Have Children Under 18 at the Home
Whether You Have Mental or Physical Disabilities
Criminal History …”
State law applies here too. Where both cover a rental, the stricter city rule usually wins; each rule below says so.
Can they ask about my criminal record?
Not on the rental application.
Oakland bans these questions on rental applications.
“Gender, Sexual Orientation, or Marital Status,
Age or Whether You Have Children Under 18 at the Home
Whether You Have Mental or Physical Disabilities
Criminal History …”
Oakland Fair Chance Housing Ordinance · oaklandca.gov · Retrieved Oct 4, 2026
Can they turn me down for a housing voucher?
No. Vouchers count as income.
Turning you down for a voucher is illegal.
Who it covers
“For the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information of that person …”
Cal. Gov. Code § 12955 · leginfo.legislature.ca.gov · Retrieved Oct 1, 2026
Quote checked word for word
Can they turn down everyone with a record?
No. A blanket 'no records' rule isn't allowed.
Arrests without a conviction and sealed records can't count.
“Housing providers are also prohibited from having “blanket bans” of all people with a criminal history …”
California FEHA criminal history protections (Civil Rights Council regulations) · calcivilrights.ca.gov · Retrieved Oct 1, 2026
Quote checked word for word
Rental law by cityWhat's changing in Oakland
Information about the law, not legal advice.