Overview of San Francisco s Fair Chance Ordinance

131 STEUART STREET, SUITE 400 SAN FRANCISCO, CALIFORNIA 94105 TEL: (415) 543-9444 WWW.LCCR.COM Overview of San Francisco s Fair Chance Ordinance Meredith Desautels, Staff Attorney Lawyers Committee for Civil Rights of the San Francisco Bay Area I. Background The collaborative effort that led to the Fair Chance Ordinance in San Francisco has its roots in the Ban the Box campaign spearheaded by All of Us or None in 2005. All of Us or None is a grassroots civil rights organization fighting for the rights of formerly- and currently- incarcerated people and their families. In 2005, All of Us or None s campaign led to the City and County of San Francisco passing a resolution to ban the box by removing the criminal history question from initial applications for employment with the City and County. The overarching goal of the Ban the Box and subsequent Fair Chance policy efforts is to open up employment and housing for people with arrests and convictions, so that they can compete for these opportunities instead of facing an automatic denial due to their records. In 2011, at the urging of the San Francisco Reentry Council, a coalition of stakeholders began developing an initiative to expand the City s existing ban-the-box policy. Over the course of several years, coalition members performed research, developed proposal language, and conducted outreach and organizing. The San Francisco Human Rights Commission also held two public hearings, focusing separately on housing and employment, to encourage the community to weigh in on the issue. Ultimately, numerous organizations and individuals endorsed the Fair Chance campaign (see Appendix A). The primary sponsors of the campaign included: All of Us or None, the Coalition on Homelessness, Community Housing Partnership, Lawyers Committee for Civil Rights of the San Francisco Bay Area, Legal Services for Prisoners with Children, and the National Employment Law Project. In 2013, two members of the San Francisco Board of Supervisors, Supervisors Jane Kim and Malia Cohen, introduced the Fair Chance Act. The legislation passed the Board of Supervisors on February 4, 2014 with unanimous support, and the mayor signed it into law on February 14, 2014. The Fair Chance Ordinance is codified in Article 49 of the San Francisco Police Code and Chapter 12T in the Administrative Code, and becomes operative on August 13, 2014. II. Basic overview of the Fair Chance Ordinance requirements A. Coverage and basic terminology The San Francisco Fair Chance Ordinance (FCO) applies generally to employment and affordable housing in the city. See Appendix B for a list of the terms defined in the ordinance. i. Employment 1

The employment provisions apply only to employers with twenty or more people, including the owners, managers, and supervisory staff. Employment includes contracted, temporary, or contingent work, including work through a temp agency and vocation training programs. The FCO does not apply to employment with the government instead, the City policies put into place following the 2005 ban-the-box resolution still apply. However, the FCO does apply to contractors with the City. ii. Housing The housing provisions apply only to affordable housing within the geographic scope of San Francisco. Affordable Housing is defined as any residential building in the City that has received funding from the City, connected in whole or in part to restricting rents, the funding being provided either directly or indirectly through funding to another entity that owns, master leases, or develops the building. Affordable Housing also includes affordable units in the City as that term is defined in Article 4 of the Planning Code. S.F., CAL., POLICE CODE, Art. 49 4903 (all subsequent citations are to the San Francisco Police Code). The term housing provider is broad, and includes any entity that owns, master leases, or develops affordable housing, and any agent, such as a property management company, that makes tenancy decisions on behalf these entites. B. Core Provisions The core provisions controlling the inquiry about and use of criminal history information are largely the same for employment and housing decisions. They are outlined below. i. Advertising Employers and affordable housing providers may not post any adverstisements or solicitations indicating that a person with a record will not be considered or many not apply for the job or housing. Both must indicate in solicitations that the employer or affordable housing provider will consider qualified applicants with criminal histories in a manner consistent with the requirements of this Article. ii. Prohibited information Employers and affordable housing providers may not inquire about or take an adverse action based upon any of the following: An arrest not leading to a conviction, unless it is an unresolved arrest; Participation in or completion of a diversion or a deferral of judgment program; A conviction that has been judicially dismissed, expunged, voided, invalidated, or otherwise rendered inoperative, by way of example but not limitation, under California Penal Code sections 1203.4, 1203.4a, or 1203.41; A conviction or any other determination or adjudication in the juvenile justice system, or information regarding a matter considered in or processed through the juvenile justice system; A conviction that is more than seven years old, the date of conviction being the date of sentencing; or Information pertaining to an offense other than a felony or misdemeanor, such as an infraction.

Art. 49 4904 and 4906. Pursuant to these exclusions, employers and affordable housing providers may only inquire about felony and misdemeanor convictions for which the date of sentencing was within the last seven years, and unresolved arrests. The FCO defines an unresolved arrest as an arrest that is undergoing an active pending criminal investigation or trial that has not yet been resolved. An arrest has been resolved if the arrestee was released and no accusatory pleading was filed charging him or her with an offense, or if the charges have been dismissed or discharged by the district attorney or the court. Art. 49 4903. iii. Timing of criminal history inquiry and notice Both employers and affordable housing providers must delay any inquiry or use of criminal history information. Employers may not inquire about criminal history until after a conditional offer of employment, or a first live interview. Affordable housing providers may not inquire about criminal history until after first determining: 1) that the applicant is legally eligible to rent the housing unit; and 2) that the applicant is qualified to rent the housing unit under the Housing Provider's criteria for assessing rental history and credit history. Prior to inquiring about criminal history, both employers and affordable housing providers must provide notice, as set out in Article 49, section 4905(b) for employment, or section 4907(b) for housing (see Appendices C and D). iv. Individualized Assessment When considering permissible criminal history information, both employers and affordable housing providers must conduct an individualized assessment. The individualized assessment may take into account only directly-related convictions. A directly related conviction in the employment context means that the underlying conduct has a direct and specific negative bearing on that person's ability to perform the duties or responsibilities necessarily related to the employment position. In the housing context, it means that the underlying conduct has a direct and specific negative bearing on the safety of persons or property, given the nature of the housing. Art. 49 4903. In addition to limiting their assessment to only directly related convictions, employers and affordable housing providers must take into account the time that has elapsed since the conviction or unresolved arrest, and any evidence of inaccuracy or evidence of rehabilitation or other mitigating factors. v. Adverse action Prior to taking any adverse action based on criminal history information, the employer or affordable housing provider must provide the individual with a copy of the background check report, if any, and notify the individual of the prospective adverse action and the basis for it. From the date of the notice, the individual has seven days in the employment context and fourteen days in the housing context to provide evidence of inaccuracy in the conviction history or any evidence of rehabilitation or other mitigating factors. If such evidence is provided, the employer or affordable housing provider must delay the adverse action for a reasonable time and reconsider the proposed adverse action.

Upon taking a final adverse action, the employer or affordable housing provider must notify the individual. C. Notice and Posting Employers must post notice of the ordinance in the workplace. Affordable housing providers must post notice of the ordinance on their websites and any place frequented by applicants. In general, the notice must include: A description of the information that may never be inquired about or serve as the basis for an adverse action; A description of the restrictions and requirements imposed on employers/affordable housing providers when inquiring about conviction history; The definition of evidence of rehabilitation or other mitigating factors, and circumstances and timeline under which the individual has a right to provide such evidence; and The contact information for the enforcement agency the Office of Fair Labor Standards Enforcement for employment, and the Human Rights Commission for housing. III. Enforcement and Remedies A. Enforcement agencies and power The San Francisco Office of Fair Labor Standards Enformcent (OLSE) has the authority to enforce the employment provisions of the FCO. The San Francisco Human Rights Commission (HRC) has the authority to enforce the housing provisions of the FCO. Both agencies have the power to investigate violations and enforce the FCO, and are not limited to investigating only individual complaints. Where the OLSE has reason to believe that a violation has occurred, the OLSE may order any appropriate temporary or interim relief to mitigate the violation or maintain the status quo pending completion of a full investigation. The OLSE and HRC may not find a violation based on a decision that an individual s conviction history is directly related, but otherwise may find a violation, including if the employer failed to conduct the individualized assessment. B. Individual complaints Individual complaints must be filed within 60 days after the adverse action. Employers and affordable housing providers are prohibited from taking any retaliatory action against individuals who exercise their rights under the FCO. The enforcement agency must encourage reporting by keeping complaint information confidential to the extent possible. The enforcement agency must track the number and types of complaints it receives and the resolution of those complaints. This information must be reported to the Board of Superivors annually. C. Remedies and Appeal In the first year of operation, if an employer or affordable housing provider violates the FCO, the enforcement agency will issue a warning. After the first year, the enforcement agency may impose a monetary penalty of $50 per day for each person harmed by a violation. For subsequent violations, the monetary penalty increases to $100 per day per person harmed. The penalties are paid to the City to support enforcement of the FCO. Contractors with the City are subject to additional contract penalties.

Employers and affordable housing providers have a right to appeal a finding of a violation. The right of appeal includes the right of notice and a hearing before a neutral decisionmaker. The employer or affordable housing provider has the burden of proving that the agency s decision was incorrect. Additionally, in the housing context, either party may appeal the decision of the hearing officer to the full body of the Human Rights Commission. D. Civil Action The City Attorney may bring a civil action to enforce the FCO within one year of the violation. There is no private right of action. E. Records Employers must maintain records related to the FCO for three years. Failure to maintain records shall create a presumption that the employer did not comply with the FCO, absent clear and convincing evidence otherwise. IV. Conclusion As noted above, the Fair Chance Ordinance becomes operative on August 13, 2014. The sponsoring organizations are currently conducting outreach and education to empower impacted individuals with their rights under this new law. (See Appendix E). The enforcement agencies, the OLSE and the HRC, have also begun developing materials to interpret and enforce the law. It is hoped that with this new law, employers and affordable housing providers in San Francisco will open up opportunities for people with records, enabling them to access jobs and housing and reintegrate fully into their communities as equal and contributing members.

Appendix A Community Endorsers for the Fair Chance Campaign A Campaign to Expand Opportunity by Standardizing Use of Arrest or Conviction Records by Employers and Affordable Housing Providers ACLU of Northern California African American Chamber of Commerce American Friends Service Committee Americans for Safe Access, SF chapter Asian Law Caucus Bay Area Childcare Collective Bay Area Sex Workers Advocacy Network (BAYSWAN) Big God Ministries Brothers Against Guns California Coalition for Women Prisoners California Prison Focus Californians United for a Responsible Budget (CURB) Center for Young Women s Development Center on Juvenile and Criminal Justice Centerforce Chinese for Affirmative Action Coleman Advocates for Families and Youth Community Justice Network for Youth Delancey Street Foundation Drug Policy Alliance Equal Justice Society Freedom Archives FYI Trilogy Goodwill Industries of SF, San Mateo, and Marin Harvey Milk Democratic Club Homeless Prenatal Program Housing Rights Committee of San Francisco Jobs with Justice Just Cause/Causa Justa La Raza Centro Legal/ San Francisco Day Labor Project NAACP- SF National Housing Law Project No More Tears The Ripple Effects Operation Second Chance, City College of San Francisco People Organized to Win Employment Rights (POWER) Positive Directions Project Rebound@San Francisco State University Public Defender Jeff Adachi Reentry Council of the City & County of San Francisco Saint Andrew Missionary Baptist Church San Francisco Central Labor Council SF Council on Community Housing Organizations (SF-CCHO) San Francisco Goodwill San Francisco Human Rights Commission San Francisco Living Wage Coalition Senior Ex-Offender Program, Bayview/Hunters Point Sen Tenderloin Neighborhood Development Corporation For more information, contact us at (415) 563-3205x115 or facebook.com/fairchancesf

Appendix B SEC. 4903. DEFINITIONS. For the purposes of this Article, the following words and phrases shall mean and include: "Adverse Action" in the context of employment shall mean to fail or refuse to hire, to discharge, or to not promote any individual; or to limit, segregate or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities, or otherwise adversely affect his/her status as an employee. The "Adverse Action" must relate to employment in whole or substantial part in the City. "Adverse Action" in the context of housing shall mean to evict from, fail or refuse to rent or lease real property to an individual, or fail or refuse to continue to rent or lease real property to an individual, or fail or refuse to add a household member to an existing lease, or to reduce any tenant subsidy. The "Adverse Action" must relate to real property in the City. "Affordable Housing" means any residential building in the City that has received funding from the City, connected in whole or in part to restricting rents, the funding being provided either directly or indirectly through funding to another entity that owns, master leases, or develops the building. Affordable Housing also includes "affordable units" in the City as that term is defined in Article 4 of the Planning Code. Projects that are financed using City-issued tax exempt bonds but that receive no other funding from the City or are not otherwise restricted by the City shall not constitute Affordable Housing. "Arrest" shall mean a record from any jurisdiction that does not result in a conviction and includes information indicating that a person has been questioned apprehended taken into custody or detained, or held for investigation, by a law enforcement, police, or prosecutorial agency and/or charged with, indicted, or tried and acquitted for any felony, misdemeanor or other criminal offense. "Arrest" is a term that is separate and distinct from, and that does not include, "Unresolved Arrest." "Background Check Report" shall mean any criminal history report, including but not limited to those produced by the California Department of Justice, the Federal Bureau of Investigation, other law enforcement or police agencies, or courts, or by any consumer reporting agency or business, employment screening agency or business, or tenant screening agency or business. "City" shall mean the City and County of San Francisco. "Conviction" shall mean a record from any jurisdiction that includes information indicating that a person has been convicted of a felony or misdemeanor; provided that the conviction is one for which the person has been placed on probation, fined, imprisoned, or paroled. Those matters identified in Section 4904(a) and/or Section 4906(a) about which an Employer and/or Housing Provider may not inquire and as to which they may not base an Adverse Action, are not considered "Convictions." "Conviction History" shall mean information regarding one or more Convictions or Unresolved Arrests, transmitted orally or in writing or by any other means, and obtained from any source, including but not limited to the individual to whom the information pertains and a Background Check Report.

"Directly-Related Conviction" in the employment context shall mean that the conduct for which a person was convicted or that is the subject of an Unresolved Arrest has a direct and specific negative bearing on that person's ability to perform the duties or responsibilities necessarily related to the employment position. In determining whether the conviction or Unresolved Arrest is directly related to the employment position, the Employer shall consider whether the employment position offers the opportunity for the same or a similar offense to occur and whether circumstances leading to the conduct for which the person was convicted or that is the subject of an Unresolved Arrest will recur in the employment position. "Directly-Related Conviction" in the housing context shall mean that the conduct for which a person was convicted or that is the subject of an Unresolved Arrest has a direct and specific negative bearing on the safety of persons or property, given the nature of the housing. In determining whether the conviction or Unresolved Arrest is directly related to the housing, the Housing Provider shall consider whether the housing offers the opportunity for the same or a similar offense to occur and whether circumstances leading to the conduct for which the person was convicted will recur in the housing, and whether supportive services that might reduce the likelihood of a recurrence of such conduct are available on-site. Those matters identified in Sections 4904(a) and/or Sections 4906(a) about which an Employer and/or Housing Provider may not inquire and as to which they may not base an Adverse Action may not qualify as "Directly-Related Convictions." "Employer" shall mean any individual, firm, corporation, partnership, labor organization, group of persons, association, or other organization however organized, that is located or doing business in the City, and that employs 20 or more persons regardless of location, including the owner or owners and management and supervisorial employees. "Employer" includes job placement and referral agencies and other employment agencies. "Employer" does not include the City and County of San Francisco, any other local governmental unit, or any unit of the state government or the federal government. "Employment" shall mean any occupation, vocation, job, or work, including but not limited to temporary or seasonal work, part-time work, contracted work, contingent work, work on commission, and work through the services of a temporary or other employment agency, or any form of vocational or educational training with or without pay. The physical location of the employment or prospective employment of an individual as to whom Section 4904 applies must be in whole, or in substantial part, within the City. "Evidence of Rehabilitation or Other Mitigating Factors" may include but is not limited to a person's satisfactory compliance with all terms and conditions of parole and/or probation (however, inability to pay fines, fees, and restitution due to indigence shall not be considered noncompliance with terms and conditions of parole and/or probation); employer recommendations, especially concerning a person's post-conviction employment; educational attainment or vocational or professional training since the conviction, including training received while incarcerated; completion of or active participation in rehabilitative treatment (e.g., alcohol or drug treatment); letters of recommendation from community organizations, counselors or case managers, teachers, community leaders, or parole/probation officers who have observed the person since his or her conviction; and age of the person at the time of the conviction. Examples of mitigating factors that are offered voluntarily by the person may include but are not limited to explanation of the precedent coercive conditions, intimate physical or emotional abuse, or untreated substance abuse or mental illness that contributed to the conviction.

"Housing Provider" shall mean an entity that owns, master leases, or develops Affordable Housing in the City. "Housing Provider" also includes owners and developers of below market rate housing in the City or "affordable units," as that term is defined in Article 4 of the Planning Code, in the City. Any agent, such as a property management company, that makes tenancy decisions on behalf of the above described entities shall also be considered a Housing Provider. "HRC" shall mean the Human Rights Commission or any successor department or office. The "Director" of HRC shall mean the department head of the HRC. "Inquire" shall mean any direct or indirect conduct intended to gather information from or about an applicant, candidate, potential applicant or candidate, or employee, using any mode of communication, including but not limited to application forms, interviews, and Background Check Reports. "OLSE" shall mean the Office of Labor Standards Enforcement or any successor department or office. The "Director" of OLSE shall mean the head of the OLSE. "Person" shall mean any individual, person, firm, corporation, business or other organization or group of persons however organized. "Unresolved Arrest" shall mean an Arrest that is undergoing an active pending criminal investigation or trial that has not yet been resolved. An Arrest has been resolved if the arrestee was released and no accusatory pleading was filed charging him or her with an offense, or if the charges have been dismissed or discharged by the district attorney or the court.

Appendix C SEC. 4905. NOTICE AND POSTING REQUIREMENTS FOR EMPLOYERS. a) The Employer shall state in all solicitations or advertisements for employees that are reasonably likely to reach persons who are reasonably likely to seek employment in the City, that the Employer will consider for employment qualified applicants with criminal histories in a manner consistent with the requirements of this Article. b) The OLSE shall, by the operative date of this Article, publish and make available to Employers, in English, Spanish, Chinese, and all languages spoken by more than 5% of the San Francisco workforce, a notice suitable for posting by Employers in the workplace informing applicants and employees of their rights under this Article. The OLSE shall update this notice on December 1 of any year in which there is a change in the languages spoken by more than 5% of the San Francisco workforce. At a minimum the notice described above shall contain the following information: 1. A description of those matters identified in Section 4904(a) that may not be considered by the Employer under any circumstances; 2. A description of the restrictions and requirements that Section 4904 imposes on Employers when inquiring about Conviction History in connection with an employment or hiring decision; 3. The definition of Evidence of Rehabilitation or Other Mitigating Factors provided in Section 4903, and circumstances and timeline under which the applicant or employee has a right to provide such evidence as provided in Section 4904(h); and 4. The OLSE telephone number and email address that the applicant or employee may use to make a report if he or she believes the Employer has violated any of the provisions of this Article 49. c) Employers shall post the notice described in subsection (b) in a conspicuous place at every workplace, job site, or other location in San Francisco under the Employer's control frequently visited by their employees or applicants, and shall send a copy of this notice to each labor union or representative of workers with which they have a collective bargaining agreement or other agreement or understanding, that is applicable to employees in San Francisco. The notice shall be posted in English, Spanish, Chinese, and any language spoken by at least 5% of the employees at the workplace, job site, or other location at which it is posted.

Appendix D SEC. 4907. NOTICE AND POSTING REQUIREMENTS FOR HOUSING PROVIDERS. a) The Housing Provider shall state in all solicitations or advertisements for the rental or lease of Affordable Housing placed by the Housing Provider or on behalf of the Housing Provider, that the Housing Provider will consider for tenancy qualified applicants with criminal histories in a manner consistent with the requirements of this Article. b) The HRC shall, by the operative date of this Article, publish and make available to Housing Providers, in English, Spanish, and Chinese, and all languages spoken by more than 5% of the San Francisco population, a notice suitable for posting that informs applicants for Affordable Housing of their rights under this Article. The HRC shall update this notice on December 1 of any year in which there is a change in the languages spoken by more than 5% of the San Francisco population. c) Housing Providers shall post the notice prominently on their website and at any location under their control that is frequently visited by applicants or potential applicants for the rental or lease of Affordable Housing in San Francisco. At a minimum the notice described above shall contain the following information: 1. A description of those matters identified in Section 4906(a) that may not be considered by the Housing Provider under any circumstances; 2. A description of the restrictions and requirements that Section 4906 imposes on Housing Providers when inquiring about Conviction History in connection with an application for the rental or lease of Affordable Housing in San Francisco; 3. The definition of Evidence of Rehabilitation and Other Mitigating Factors provided in Section 4903, and circumstances and timeline under which the applicant or potential applicant has a right to provide such evidence as provided in Section 4906(h); and 4. The HRC telephone number and email address the applicant or potential applicant may use to make a report if he or she believes the Housing Provider has violated any of the provisions of Article 49.

KNOW YOUR LEGAL RIGHTS: JOBS & THE FAIR CHANCE ORDINANCE On August 13, 2014, San Francisco s Fair Chance Ordinance goes into effect. On that date, the laws below will apply to all private employers in San Francisco with 20 or more employees: 1. Job listings/postings/advertisements: CANNOT include any blanket bans or exclusions against applicants with convictions or arrests (example: statements such as No felons will be considered are prohibited). 2. Job applications: CANNOT ask if you have ever been convicted or arrested. 3. During your first live interview: Private employers CANNOT ask if you have ever been convicted or arrested. 4. After your first live interview or a conditional offer of employment: Private employers CAN ask about the following, subject to the limits in #5 (below): o Convictions within the past 7 years, measured from the date of sentencing; and o Open or unresolved arrests. Private employers CANNOT ever ask about or consider: (1) arrests not leading to a conviction, (2) diversion or deferral of judgment programs, (3) expunged or dismissed convictions, (4) juvenile cases, (5) convictions older than 7 years, or (6) infractions. EMPLOYERS CAN NEVER ASK ABOUT THESE CASES OR USE THEM AGAINST YOU AT ANY STAGE OF THE PROCESS! 5. If a private employer asks about convictions within the past 7 years or open arrests, and they ask after a live interview or conditional offer, the employer must do the following: Provide notice of your rights under the Fair Chance Ordinance. Provide notice of any background check. Conduct an individualized assessment of your application, meaning they must consider: (1) whether your conviction or arrest directly relates to the job, (2) the time since the conviction or arrest, and (3) any evidence of rehabilitation, inaccuracy, or other mitigating factors such as completion of probation/parole, recommendation letters, and education or training. 6. If a private employer wants to deny you based on convictions within the past 7 years or open arrests, the employer must do the following: Give you a copy of your background check, if one was obtained. Explain why they want to deny you. Allow you to provide evidence of errors on the background check or of rehabilitation within 7 days. They must consider this additional evidence before making a final decision. 7. If you believe your employment rights under the Fair Chance law have been violated: You may report the violation to the Office of Labor Standards Enforcement within 60 days. This office has the power to provide appropriate relief, penalize the private employer, or refer the matter to the City Attorney for a civil action. Call the Lawyers Committee for Civil Rights for help with enforcing your rights: 415-814-7610 Lawyers Committee for Civil Rights 131 Steuart Street, Suite 400, San Francisco, CA 94105 415-814-7610

KNOW YOUR LEGAL RIGHTS: HOUSING & THE FAIR CHANCE ORDINANCE On August 13, 2014, San Francisco s Fair Chance Ordinance goes into effect. On that date, the laws below will apply to all affordable housing providers in San Francisco: 1. Advertisements for Affordable Housing: CANNOT contain a blanket ban on applicants with convictions or arrests (example: statements such as No felons will be considered are prohibited). 2. Applications for Affordable Housing: CANNOT ask if you have ever been convicted or arrested. 3. After determining that you are qualified to rent: Affordable housing providers CAN ask about the following, subject to the limits in #4 (below): o Convictions within the past 7 years, measured from sentencing date; and o Open or pending arrests. Affordable housing providers CANNOT ever ask about or consider: (1) arrests not leading to a conviction, (2) diversion or deferral of judgment programs, (3) expunged or dismissed convictions, (4) juvenile cases, (5) convictions older than 7 years, or (6) infractions. AFFORDABLE HOUSING PROVIDERS CANNOT ASK ABOUT THESE CASES OR USE THEM AGAINST YOU AT ANY STAGE OF THE PROCESS! 4. If an affordable housing provider asks about convictions within the past 7 years or open arrests, and they have already determined that you are otherwise qualified to rent, the housing provider must do the following: Provide notice of your rights under the Fair Chance Ordinance. Provide notice of any background check. Conduct an individualized assessment of your application, meaning that they must consider: (1) whether your conviction or arrest directly relates to the housing, (2) the amount of time passed since the conviction or arrest, and (3) any evidence of rehabilitation, inaccuracy, or other mitigating factors such as completion of probation/parole, recommendation letters, and education or training. 5. If an affordable housing provider wants to deny you based on convictions within the past 7 years or open arrests, the housing provider must do the following: Provide a copy of your background check, if one was obtained. Explain why they want to deny you. Allow you to provide evidence of errors on the background check or of rehabilitation within 14 days. They must consider this additional evidence before making a final decision. 6. If you believe that your housing rights under the Fair Chance law have been violated: You may report the violation to the Human Rights Commission within 60 days. This office has the power to provide appropriate relief or penalize the affordable housing provider. Call the Lawyers Committee for Civil Rights for help enforcing your rights: 415-814-7610 Lawyers Committee for Civil Rights 131 Steuart Street, Suite 400, San Francisco, CA 94105 415-814-7610