Section 12270 - Compliance with Federal OR State Laws, Regulations, or Licensing Requirements Permitting or Requiring Consideration of Criminal HistoryIn some instances, persons may also be subject to federal or state laws or regulations that require or prohibit consideration of certain criminal history information.
(a) Compliance by a person with specific federal or state laws that apply to the particular transaction at issue and require consideration of criminal history information constitutes an affirmative defense to a discriminatory effect claim under the Act, e.g. Ineligibility of Dangerous Sex Offenders for Admission to Public Housing (42 U.S.C. section 13663(a)) and Ineligibility of Individuals Convicted for Manufacturing or Producing Methamphetamine on Premises of Federally Assisted Housing for Admission to Public Housing and Housing Choice Voucher Programs (24 CFR section 982.553).(b) Failure of a person to comply with specific federal or state laws that prohibit consideration of specific criminal history information, or that require consideration of mitigating factors or evidence of rehabilitation, in regard to consideration of such history, and that apply to the transaction, may constitute a violation of the Act.Cal. Code Regs. Tit. 2, § 12270
1. New section filed 9-16-2019; operative 1-1-2020 (Register 2019, No. 38). Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12927, 12955 and 12955.8, Government Code.
1. New section filed 9-16-2019; operative 1/1/2020 (Register 2019, No. 38).