California Attorney General Rob Bonta has expressed his support for 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-legal system. According to HUD, nearly a third of adult Americans have a criminal record, with approximately eight million such individuals residing in California.
In his comment letter, Attorney General Bonta emphasized the importance of affordable housing in aiding the successful reentry of justice-involved individuals and reducing recidivism. He also suggested several changes to enhance the proposed rule's effectiveness.
“Reducing barriers to affordable housing is critical, particularly for those in our communities who have experienced interactions with the criminal justice system,” said Attorney General Bonta. “Current research shows that these justice-involved individuals — who are disproportionately Californians of color — struggle to find housing, and too often, end up homeless. 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. In California, over half-a-million HUD-subsidized units house nearly one million low-income individuals and families. Additionally, more than 300,000 households use housing choice vouchers.
Attorney General Bonta noted that the proposed rule balances justice-involved individuals’ need for safe, affordable housing with providers’ interest in maintaining safety for tenants and staff. The rule would generally prohibit consideration of criminal activity occurring more than three years prior to an application — a "lookback period" consistent with research showing reduced recidivism rates over time. It also requires determinations of criminal activity to meet a preponderance of evidence standard.
The proposed rule supports state and local innovation in reducing barriers within Public Housing and Section 8 Housing Choice Voucher Programs.
Attorney General Bonta recommended further clarifications and expansions:
- Clarify preemption language to ensure compliance with California's legal protections.
- Exclude non-conviction records; juvenile records; service call records; and expunged or pardoned conviction records from consideration.
- Extend lookback periods, procedural protections, and individualized assessment provisions beyond public housing.
- Require individualized assessments for eviction decisions as well as admissions decisions.
- Mandate individualized assessments when using automated decision-making tools.
Bonta has been actively involved in ensuring equal access to housing. On April 13, 2023, he directed cities and counties in California to review their crime-free housing policies for compliance with civil rights laws. On February 7, 2024, he issued updated guidance following Assembly Bill 1418 (AB 1418), which prohibits local governments from penalizing tenants or landlords solely based on law enforcement contacts.
A copy of Attorney General Bonta's comment letter is available online.