H.B. 6948: An Act Concerning the Collateral Consequences of a Criminal Record on Housing Opportunities

H.B. 6948 prevents blanket housing discrimination based on criminal history, ensuring that individuals with prior convictions are evaluated fairly for rental housing opportunities.

This bill is about opportunity and equitable access to affordable housing. We are all better and stronger when we all have access to housing.

Key Requirements for Housing Providers:

• Must not ask about criminal history or conduct background checks before making a conditional offer
• Cannot consider arrests without convictions, juvenile records, sealed/erased records, misdemeanors, or parole/probation violations that wouldn't be crimes on their own

When Criminal History Can Be Considered: After a conditional offer, only the following convictions can be considered:

• Without Time Limits or Age Restrictions: Murder, felony murder, trafficking in persons, sexually violent offenses including those against minors, and specific violent firearm offenses.
• Felonies with Defined Time Limits and Age Restrictions:
  • Felonies with 20+ year maximum term of imprisonment: If release was within past 5 years and the offense occurred after age 24.
  • Felonies with 5-20 year maximum term of imprisonment: If release was within past 3 years and the offense occurred after age 24.
  • Felonies with under 5 year maximum term of imprisonment: If release was within past year and the offense occurred after age 24.
    • Why use maximum sentences? Using maximum sentences as a metric ensures fairness and clarity by building on the legislature’s established framework, avoiding the need to reinvent the wheel. This approach simplifies the process for housing providers, requiring only consideration of the maximum sentence for a felony offense and the release date, while eliminating the need for complex, offense-specific exceptions. It creates a consistent, objective standard for housing decisions while offering individuals a meaningful opportunity to rebuild their lives.

Required Review Process and Individual Assessment: If a qualifying conviction is found after conditional offer:

1. Housing provider must provide written notice that further review is needed
2. Applicant gets 5 business days to provide mitigating information
3. Housing provider must conduct individualized assessment considering:
   • Nature and severity of the crime
   • Relationship of crime to potential tenancy
   • Evidence of rehabilitation
   • Time elapsed since conviction

Evidence and Response Opportunity:

• Applicants can provide evidence including the facts and circumstances of the offense, age at time of offense, prior tenant history, current employment status, evidence of rehabilitation and good character, or any information showing the offense is unlikely to reoccur.
• Housing providers must issue written decision within 10 business days of receiving mitigating information.

Unit Availability: If unit is rented during review process and applicant is later approved:

• • Must offer any comparable available unit(s)
  • Must give applicant opportunity to lease an alternative unit

Incentives for Landlords: This bill incentivizes landlords to rent to formerly incarcerated individuals by granting limited immunity from liability in civil actions related to their decision to rent to such individuals or to forgo criminal background checks, while preserving tenants' protections against harmful conduct during the tenancy.

Pathways for Remedies: The Connecticut Commission on Human Rights and Opportunities will handle complaints related to housing discrimination based on criminal records, ensuring there are clear remedies for those who are wrongfully denied housing.

Connecticut residents with a criminal record face over 550 legal barriers to meeting their basic needs, making it difficult to reintegrate into society and to support themselves and their families.[1] Because people of color are disproportionately incarcerated, they similarly disproportionately face barriers ranging from background checks as part of rental and public housing applications, exclusion from fair housing law protections, eviction and housing forfeiture, and denial of rental or sale.[2]

• 79% of formerly incarcerated people have been denied housing due to a criminal conviction, and they are 10 to 13 times more likely to experience homelessness than people who have not been incarcerated.[3]

Connecticut voters strongly support reducing the collateral consequences of living with a record of arrest or conviction.[4]

• 74% support passage of a law prohibiting formerly incarcerated people from being discriminated against due to ­­their criminal record when it comes to housing.
• 82% agreed that “people who have been convicted of a crime can turn their lives around and become productive members of our community if they can get the right kind of help.”
  • 92% of Democrats
  • 80% of Independents
  • 71% of Republicans

• Write or call your state representatives and tell them that you support this bill.
  • Find detailed instructions on how to submit testimony and testify in-person above.
  • Find your state legislators here.
• Submit testimony to the Housing Committee in support of the bill during its public hearing on February 18, 2025. Find sample testimony below.

Abraham Santiago

Annette Diaz

Chris Douze

Gus Marks-Hamilton

Lori LeDonne

Robin Ledbetter

Terri Ricks

Tracie Bernardi-Guzman

Will Roberts