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Finding affordable rent in Sacramento isn’t easy. Adding a criminal record complicates it

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‘Clean slate’ laws in America

How effective are new laws that erase criminal records? Take a look at the racial justice movement taking hold across California and the U.S. that aims to allow former felons to find a better life.

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In a crowded Sacramento housing market, it’s already difficult to find an affordable place to live. Add a criminal record — things get more complicated.

And secure housing is a key factor in successful reentry post prison.

Many of California’s prisoners — about 55,000 — will be released after serving about half of their four-year sentence, while fewer than 1,000 inmates who’ve served two or more decades are released every year, according to the Public Policy of California.

Many former inmates come out of prison homeless, heightening an individual’s risk of reoffending, said Dr. Patrica McKernan, the author of Homelessness and Prison Reentry: Examining Barriers to Housing.

McKernan has worked in reentry for more than 20 years in New Jersey, Pennsylvania, Delaware, Maryland and Washington D.C., helping people get back on their feet after being incarcerated. She currently works at nonprofit organization Gaudenzia, a drug and alcohol treatment and recovery center based in Pennsylvania.

Through her work she found that people with high-risk factors — outstanding warrants, financial instability, lack of support and little education — often return to prison.

“People coming out of prison are certainly viewed as not as worthy as other people for scarce resources and I understand that ... how do you justify someone who went to prison getting in front of the line against a family who needs housing resources,” McKernan said.

“The reality is that it’s just not enough.”

When prisoners in the United States are released, they face an environment that is challenging and can actively deter them from becoming productive members of society.

“A lot of them may not have a financial track record,” said Tim Herrera, the communications director of the Sacramento County Office of Education. “You know when you go to rent a place, they may look and want to talk to your former landlord and what do you tell them — it’s a challenge.”

The longer that a returning citizen has been incarcerated, the more difficult it is for them to acclimate to society.

But with the lack of affordable housing, many returning citizens are competing in a crowded market with people with no criminal record. Nationally, there is a shortage of more than 7 million affordable homes “for our nation’s 10.8 million plus extremely low-income families,” according to the National Low Income Housing Coalition.

“If there was enough affordable housing we wouldn’t be having this conversation, but there just simply isn’t,” McKernan said. “And a lot of people find themselves living together, staying together ... finding themselves in positions where they are not welcomed to stay for long periods of time or they are living with people who are also struggling financially.”

What help is available?

The Sacramento County Office of Education offers reentry programs designed to assist those who are reentering the community from state prison and jail. While the support services largely center around education, short term affordable housing is provided on a case-by-case basis, according to Dave Gordon, superintendent of the Sacramento County Office of Education.

“For certain populations of either young people or adults... as ancillary services, we provide them with things like affordable housing for the period of time they’re in our programs,” Gordon said. “Meaning, really transitional to tie them over until they find more permanent housing.”

The program, which is funded through the California Department of Corrections and Rehabilitation, deals strictly with state and county parolees who’ve been referred by their supervising officer or agent.

As part of the program’s funding, parolees can receive up to 90 days of housing from partner agencies in addition to several other programs and services.

“Helping people with legal issues as well as housing assistance are two really key resources and key strategies of helping people come out of prison that I think are largely overlooked by those of us that have been working in reentry for a really long time,” McKernan, who works with Gaudenzia, said.

Why people with felonies can be turned down

If you have a felony on your record and are looking for housing in California, or anywhere for that matter, chances are it’s been challenging. This is because it’s not illegal for a landlord to turn you down. But it’s important to understand your civil rights as you reenter society.

The Fair Employment and Housing Act (FEHA) prohibits discrimination against tenants or homeowners based on various protected characteristics, such as race, national origin, ancestry, disability, sexual orientation, marital status and gender identity. Having a criminal history is not in itself a protected characteristic under FEHA. Housing providers sometimes check whether a person has a criminal history when making a housing decision.

If a housing provider intends to deny someone housing it must be based on a past criminal conviction and must be a directly related conviction. This means the conviction has to have a direct and specific negative impact on the housing provider, safety of other residents, housing provider’s employees or the property.

Reentry programs in Sacramento

In a housing market as crowded as Sacramento’s, a reentry program may be the first step to securing a place to sleep at night. A couple of resources to get the search started include:

California Department of Corrections and Rehabilitation

(916) 327-8998

Long Term Offender Reentry Recovery Program is a residential program that provides housing, meals, support services and resources, programming and supervision in a safe, clean, drug-free environment. The program is up to 180 days with the possibility of an additional 185 days if needed.

Sacramento County Office of Education

(916) 508-6230

The Sacramento County Office of Education reentry programs are designed to assist those who are reentering the community from prison or jail. With both in-custody and out of custody sites, all programs are designed using industry best practices that address criminogenic needs and client risk levels in a safe, welcoming and inclusive environment.

Finding affordable housing in Sacramento

Housing is expensive and so is the monthly rent and the cost of living in California, but especially for those with criminal records already having a difficult time finding affordable housing.

But the good news is the government has a public housing program.

Housing and Urban Development (HUD) provides several services to help former inmates and others in need of housing assistance. HUD in California offers apartments and housing that’s affordable.

To get started with your public housing search, get more information from your state’s HUD office and get information on how to apply from your nearby Public Housing Authority. If HUD does not have any available spaces, you have to sign up for the waiting list.

Craigslist can help secure housing with a criminal record. Often, landlords who post properties on the site are less stringent than large rental companies, so it’s best to stay away from those, according to Jobs for Felons Hub.

When you visit Craigslist, choose the state of California before selecting your preferred city. Be sure to include the rental range and inquire about a unit that’s part of an apartment complex.

Know your rights

Under the FEHA, housing providers cannot advertise or indicate a blanket statement against applications with criminal records. The law prohibits advertisement, screening policies (oral or written) or statements with blanket bans such as “no felons” or “we don’t allow criminals here.”

It’s unlawful for a housing provider to seek or consider the following:

  • Arrests that did not lead to conviction

  • Information indication that an individual has been questioned, apprehended, taken into custody, detained or held for investigation by law enforcement

  • Infractions

  • Referral to or participation in a pretrial or post-trial diversion program or a deferred entry of judgment program, unless the applicant offered this information

  • Criminal convictions that have been sealed, dismissed, expunged or otherwise rendered legally inoperative

  • Adjusting or matters processed in the juvenile justice system, unless under an applicable court or unless the application offered this information

What do you want to know about life in Sacramento? Ask our California Utility Team your top-of-mind questions in the module below or email utilityteam@sacbee.com.

This story was originally published October 11, 2021 at 5:00 AM.

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‘Clean slate’ laws in America

How effective are new laws that erase criminal records? Take a look at the racial justice movement taking hold across California and the U.S. that aims to allow former felons to find a better life.