California 2 CCR § 12270. Compliance with Federal OR State Laws, Regulations, or Licensing Requirements Permitting or Requiring Consideration of Criminal History.

In 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.

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).

Official source: California 2 CCR § 12270. Compliance with Federal OR State Laws, Regulations, or Licensing Requirements Permitting or Requiring Consideration of Criminal History..

Source snapshot retrieved: 2026-09-25T21:52:46.926282+00:00.

Publisher currency statement: This database is current through 9/11/26 Register 2026, No. 37.

Version dates (indexing metadata): Effective 2020-01-01; operative 2020-01-01.

Effective-date evidence (external official source, indexing metadata): This regulatory action becomes effective on 1/1/2020.

Evidence source: https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2019/09/NtcApproval-FairHousingRegulations.pdf

Applicability note (indexing metadata, not regulatory text): Review the applicable definitions, burdens of proof, exemptions, exceptions, causation, notice and procedural conditions in the source subsections. A screening criterion, housing advertisement, criminal record or land-use decision cannot be evaluated from dates alone. Read the regulations together with current state and federal statutes and any applicable local protections. This indexed version does not establish the text before its reviewed amendment date.