A senior community in Los Angeles could prevent you from moving in if you have a DUI on your record, but only under certain circumstances. Many senior living facilities, particularly those offering independent living or assisted living, conduct background checks on applicants, which may include a review of criminal history.
While a DUI may not automatically disqualify you, communities may assess the details of the offense. For example, a recent or repeated DUI might raise concerns about safety, whereas a single, older offense may be overlooked, especially if the individual can demonstrate rehabilitation. An experienced Los Angeles DUI lawyer will protect your rights.
Fair Housing and Criminal History
Fair housing laws in California protect individuals with a criminal history from discrimination when applying for housing. Under the Fair Employment and Housing Act (FEHA), landlords and housing providers, including senior communities, are prohibited from implementing blanket bans that automatically disqualify applicants based solely on past criminal convictions.
FEHA protects against discrimination based on characteristics such as national origin, race, religion, sexual orientation, and more. The Unruh Act does not allow discrimination based on primary language, immigration status, and other factors.
While these two acts do not specifically discuss the issue of a criminal record in relation to fair housing, they offer overarching protections that ensure all individuals are treated fairly in housing decisions.
California Laws on Criminal History in Housing
California Code of Regulations Title 2, ยง 12264 – 12271 could impact the consideration of a DUI in senior community housing applications. This law regulates how landlords and housing providers handle criminal history when making housing decisions, which can include senior living communities.
Under this regulation, housing providers are generally prohibited from using blanket policies that automatically disqualify applicants based on a criminal record, including a DUI. Instead, they must consider multiple factors.
If a senior community were to deny housing based on a DUI, they would need to demonstrate that the decision is necessary to protect the health or safety of residents or staff and that it is based on an individualized assessment, not just the existence of a conviction.
California law requires senior communities in Los Angeles to consider the context of a DUI. They cannot simply deny someone based on the conviction alone unless there is a valid, specific reason related to safety or welfare.
Factors Senior Communities Consider When Reviewing a DUI Conviction
When housing providers evaluate a DUI conviction in housing applications, they are required to take an individualized approach, considering various factors beyond the offense.
The Nature and Severity of the Offense
The more serious or dangerous the DUI incident, the more likely it is to influence the housing provider’s decision. However, isolated, non-violent DUI offenses without aggravating factors may be considered less of a threat to community safety, especially if it was a one-time mistake.
DUI convictions can vary widely in terms of seriousness:
- A misdemeanor DUI (often a first-time offense with no injuries) may be viewed differently from a felony DUI, which could involve repeat offenses, reckless driving, or causing serious injury or death to others.
- A DUI related to substance abuse (such as drugs) or excessively high blood alcohol levels might be considered more severe than one with borderline intoxication.
- The presence of aggravating factors (such as driving with a suspended license, having children in the vehicle, or causing a traffic accident) may raise concerns about the applicant’s judgment and potential risk to others in the community.
The Time That Has Passed Since the Conviction
The recency of the DUI conviction plays a critical role in the housing provider’s assessment. A DUI that happened many years ago, especially if followed by a clean legal record, may indicate that you have since corrected your behavior and no longer pose a risk.
On the other hand, a more recent conviction might raise concerns about your current level of responsibility and decision-making. Housing providers should also consider whether the DUI was a one-off event or part of a pattern of behavior, such as multiple convictions over time.
Evidence of Rehabilitation or Good Conduct Since the Offense
Housing providers should also look for evidence that demonstrates you have taken steps toward rehabilitation and improved conduct after the DUI conviction.
Some indicators of rehabilitation include:
- Completion of DUI education programs or court-mandated counseling, such as alcohol treatment programs.
- Participation in Alcoholics Anonymous (AA) or other support groups that indicate a commitment to addressing underlying issues.
- A record of no subsequent legal trouble or traffic violations following the DUI, showing improved judgment and decision-making.
- Positive character references from employers, community members, or family that vouch for your responsible behavior since the incident.
- Any voluntary actions that show remorse or a proactive effort to improve, such as volunteering, community service, or taking on additional responsibilities.
Rehabilitation efforts demonstrate that you recognize past mistakes, are working to correct them, and are now capable of contributing to a safe and healthy community. This may significantly reduce the housing provider’s concerns, especially if the DUI appears to be an isolated incident.
Your Overall Record and Behavior in Relation to Community Safety
A DUI conviction is only one part of your overall background. Housing providers should evaluate your overall criminal record and behavior to determine whether the DUI represents a significant risk to the safety and well-being of the community.
An applicant with a single DUI offense and no other criminal history is far less likely to be a risk than someone with a pattern of repeated offenses or other criminal activities, such as assault, theft, or reckless driving.
Your employment history, community involvement, and other markers of stability and responsibility should also be taken into account. Someone who was gainfully employed, involved in positive community activities, or has a stable support system may be seen as a lower risk than someone with an unstable lifestyle.
Moving Into a Senior Community With a DUI
A DUI lawyer can be an invaluable resource when trying to move into a senior community with a DUI in Los Angeles. They can review your criminal record and advise you on the legal implications that may arise during the application process.
An attorney will advocate on your behalf if the community’s decision seems discriminatory, ensuring compliance with fair housing laws. Moreover, a DUI lawyer can guide you through the process of gathering evidence of rehabilitation, such as program completions or positive references, making your case more favorable to housing providers.
