"The landlord is prohibited from requiring disclosure, asking about, rejecting an applicant, or taking an adverse action based on any arrest record, conviction record, or criminal history, except for registry information as described in subsections 14.09.025.A.3, 14.09.025.A.4, and 14.09.025.A.5, and subject to the exclusions and legal requirements in Section 14.09.115."

The registry information in the quoted language is defined as information solely obtained from a county, statewide, or national sex offender registry that can include information such as the person's physical description, address, and conviction description and dates.

If a landlord screens a prospective occupant for registry information, the written notice shall also include this screening criteria and must inform applicants that they may provide any supplemental information related to their rehabilitation, good conduct, and facts or explanations about their registry information.

SMC 14.09.025.A.3 requires a legitimate business reason analysis before a landlord or any person takes an adverse action based on registry information of an adult prospective occupant, tenant or household member SMC.

14.09.025.A.4 prohibits taking an adverse action based on registry information of a juvenile prospective occupant, tenant or household member.

SMC 14.09.025.A.5 prohibits adverse actions based on registry information against adults if the conviction occurred when the individual was a juvenile.

Under SMC 14.09.115, the exclusions include, but are not limited to, accessory dwelling units and detached accessory dwelling units as described in question #4, and adverse actions when denial of tenancy is required by federal regulations in federally assisted housing.

Can I ask, "Are you or any household member on a sex offender registry?" on my rental application.

Yes. However, the landlord or any person can only take an adverse action against a prospective adult occupant, an adult tenant, or an adult member of their household:

• a. if the conviction occurred when the person was an adult; and
• b. only if there is a legitimate business reason.

Landlords or any person must go through the factors of the legitimate business reason analysis or risk violating SMC 14.09.

A landlord cannot take an adverse action based on the registry information of: 1) juveniles; and 2) adults if the conviction occurred at the time the individual was a juvenile.

What is the standard landlords must use to determine whether there is a legitimate business reason for denying a person tenancy in their rental housing?

If a landlord or any person finds information about a prospective adult occupant or adult tenant on a sex offender registry, there must be a legitimate business reason analysis before taking an adverse action. Each situation is different and landlords or any person should think about "legitimate business reason" as a process, rather than a checklist.

A legitimate business reason is when a landlord's policy or practice is necessary to achieve a substantial, legitimate, nondiscriminatory interest. To determine such an interest, a landlord must demonstrate, through reliable evidence, a nexus between the policy or practice and resident safety and/or property.

"There is no bright-line rule for determining whether a legitimate business reason exists when evaluating an applicant's criminal history. Instead, each situation should be assessed on a case-by-case basis by considering several relevant factors, including the nature and severity of the conviction, the number and types of convictions, the amount of time that has passed since the conviction occurred, and the individual's age at the time of the offense. Additional considerations may include evidence of a positive tenant history both before and after the conviction, as well as any supplemental information the individual chooses to provide regarding rehabilitation efforts, good conduct, or other relevant circumstances and explanations. These factors may be particularly important in co-educational shared housing environments, where tenants often live in close proximity, share common facilities, and frequently have guests, creating a heightened need to balance housing access with the safety and well-being of all residents."

If, after considering the factors noted above, a landlord or any person decides to deny, evict, or take other adverse action against an applicant or tenant based on an adult's registry information, the landlord or any person must notify the applicant in writing by email, mail, or in person of the specific registry information that was the basis for the denial.

In compliance with the Fair Credit Reporting Act, this is to inform you that a credit investigation involving the statements made on this application will be initiated. I/We understand that false, fraudulent, or misleading information disclosed above may be grounds of denial of tenancy or subsequent eviction.

I/We further authorize Landlord's choice of Agent to obtain such credit reports; public records (except criminal records--see above); character reports; and verification of rental; verification of employment history as needed to verify all information put forth in this application.