The Montgomery County Council unanimously passed legislation Tuesday that will amend the county’s current Ban the Box law by clarifying to renters what their rights are when a landlord performs a background check.
“Ban the box” laws aim to end discrimination against formerly incarcerated people by prohibiting a housing provider from conducting a criminal background check or credit history before making an offer to a prospective tenant during the rental application process. It is also known as the county’s Housing Justice Act of 2021.
The legislation that passed Tuesday, sponsored by councilmember Laurie-Anne Sayles (D-At-large), aims to ensure tenants are aware that they have these rights when seeking to rent a home. It would require landlords and complexes to prominently display information about the county Housing Justice Act on their websites and in rental offices. The bill doesn’t change the content of the law, but requires better education about it, according to Sayles.
“[The bill] strengthens the county’s ‘ban the box’ ordinance by preventing unfair discrimination against people with criminal histories in rental applications,” Sayles said prior to the council’s vote Tuesday. “It implements several amendments to ensure landlords comply with the existing law and prospective tenants are fully aware of their rights.”
The legislation two full-time positions tasked with enforcing the law. It requires posting a notice prominently in leasing offices regarding the use of criminal arrest and conviction information in rental housing decisions. It will also require a landlord to retain a rental application supplement for a certain period and certify as part of the annual rental housing survey, receipt of a completed criminal and credit screening addendum. The county will collect data and reporting on these applications.
Council President Andrew Friedson (D-Dist. 1) praised the proposed legislation prior to the vote.
“The goal is not just to pass legislation, but to make sure that the legislation has been enacted with fidelity and this is an effort to ensure that that happens, so I really appreciate that,” Friedson said.
When introducing the bill in March, Sayles said she decided to draft the legislation after a resident contacted her office complaining of a rental application denial.
“When my staff asked who was responsible for receiving these complaints, there was a bit of confusion about where that responsibility lies,” Sayles said.
She noted the county Office of Human Rights is responsible for processing such complaints, and she has been working with its staff to create the proposed legislation.
Councilmember Sidney Katz (D-Dist. 3), an original sponsor of the Housing Justice Act, supported Sayles’ bill, co-sponsoring the legislation alongside councilmember Evan Glass (D-At-large).
“During discussion [of the Housing Justice Act], the public at first was extremely concerned about how people might feel unsafe because they didn’t know about the criminal background … of their neighbors,” Katz said when Sayles introduced her bill in March. “But historically, we have had zero complaints.”