Residents seeking housing no longer have to worry about being turned away because they’ve been arrested, convicted of a minor crime or have bad credit.
On Tuesday, the Council adopted a bill to strengthen the county’s compliance with “ban the box” requirements during the rental housing application process. Ban the box refers to a section on forms asking people to check the box if they have ever been convicted of a crime.
The bill is designed to prevent discrimination against people with certain minor criminal histories, explained Councilmember Laurie-Anne Sayles, who proudly noted this was her first bill as the lone lead sponsor. It passed 10-0, with Councilmember Dawn Luedtke absent.
According to the bill, a landlord cannot ask an applicant to disclose an arrest record that did not result in a conviction. They also cannot ask about an arrest record or conviction involving trespassing, misdemeanor theft, failure to leave public buildings or grounds, indecent exposure, public urination, violating the open container law, marijuana possession, a first conviction for disturbance of the peace or disorderly conduct or a motor vehicle violation.
They also can’t ask an applicant to disclose a conviction from at least two years ago or any matter in which the record was expunged.
“This bill certainly demonstrates our commitment to repairing those harms by investing in our diverse communities,” Sayles said during the Council meeting.
The Council strengthened enforcement of its 2021 Housing Justice Act, which prohibits those providing housing from conducting a criminal background check or credit history during the rental application process before making an offer to rent to a tenant.
Under this bill, two fulltime employees will be hired at the Office of Human Rights to support enforcement of the ban the box requirement.
Councilmember Evan Glass praised the bill, which he said was “another step toward correcting decades of unjust housing policies.” The goal, he said, was to “create a more equitable Montgomery County” that ensures that residents who have experienced homelessness or minor offenses will not be discriminated against when seeking housing.
