It is illegal to discriminate against registered sex offenders in rental housing. So long as they comply in all other respects, you must rent to them. Further, once discovered, an eviction is still prohibited. Despite this, residents turn to you, their landlord, seeking protection from registered sex offenders living on the property, only to discover that your hands are tied. Please look at Penal Code §290.4, a paradox for landlords who, on the one hand, could be held accountable for the acts of predators and, on the other hand, cannot evict them because of their sex offender status. The Database Disclosure has been revised to reference the new Megan’s Law website which provides online information about registered sex offenders. April 1, 2006 marked the start of the mandatory usage of the revised disclosure language for residential landlords.
This new clause replaces the old Megan’s Law clause that many of you have in your leases or rental agreements. It is not necessary to have residents sign new agreements or leases with the new clause. You may add the clause to your month-to-month rental agreements by simply serving a written notice of change in terms of tenancy with this new wording. For fixed term leases, serve the notice, keeping in mind that the clause will become effective upon the expiration date of the lease should the resident continue in possession. At this time, Megan’s Law is a very difficult dilemma for California landlords. California law prohibits discrimination against registered sex offenders. So long as he is doing nothing wrong, you would not have the right to evict him solely on the basis of his sex offender status, nor do any adjacent residents have the right to cancel their leases. However, if the sex offender is bothering people, sexually stalking, glaring, a Peeping Tom or otherwise not complying with his lease agreement.
NOTICE: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet website maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on the offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides.