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HOUSE BILL 2235
By Dixie
SENATE BILL 2506
By Oliver
SB2506
011899
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AN ACT to amend Tennessee Code Annotated, Title 4,
Chapter 21 and Title 66, relative to housing
discrimination.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. This act is known and may be cited as the "Tennessee Fair Chance
Housing Act."
SECTION 2. Tennessee Code Annotated, Title 4, Chapter 21, Part 6, is amended by
adding the following new sections:
4-21-608. Definitions for §§ 4-21-608 - 4-21-614.
(a) As used in §§ 4-21-608 - 4-21-614:
(1) "Conviction" means a judgment of guilt entered by a court of
competent jurisdiction following a plea of guilty, nolo contendere, or a
verdict or finding of guilt by a judge or jury;
(2) "Criminal history" means an arrest, charge, or conviction for a
criminal offense;
(3) "Felony conviction" means a conviction for any offense
classified as a felony under state or federal law or the law of any other
jurisdiction of the United States;
(4) "Housing provider" means any person, firm, corporation,
partnership, association, or organization that owns, leases, subleases, or
manages residential real property, including single-family homes,
apartments, condominiums, mobile home parks, or any other dwelling unit
available for rent or lease. This includes property managers, landlords,
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real estate agents acting on behalf of housing providers, and housing
authorities;
(5) "Individualized assessment" means a written evaluation
conducted by a housing provider that considers the following factors
specific to an applicant for housing:
(A) The nature and severity of the criminal offense;
(B) The time elapsed since the offense or completion of
sentence, whichever is later;
(C) The age of the applicant at the time of the offense;
(D) Evidence of rehabilitation, including employment
history, educational achievements, community involvement,
references, completion of treatment programs, or participation in
reentry services;
(E) The relationship between the offense and the safety
and welfare of other residents or property; and
(F) Any mitigating circumstances or explanations provided
by the applicant;
(6) "Look-back period" means the time period during which a
housing provider may consider a criminal conviction when evaluating a
housing application, beginning from the date of conviction or the date of
release from incarceration or completion of all terms of sentence,
including probation or parole, whichever is later, until the date of
application;
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(7) "Misdemeanor conviction" means a conviction for any offense
classified as a misdemeanor under state or federal law or the law of any
other jurisdiction of the United States;
(8) "Protected status for housing purposes" means the status of
having a criminal conviction that is beyond the applicable look-back
period pursuant to § 4-21-610, or for which an individualized assessment
has not demonstrated a direct relationship between the conviction and
tenant or community safety; and
(9) "Sex offense conviction" means a conviction for any offense
that requires registration under the Tennessee Sexual Offender and
Violent Sexual Offender Registration, Verification and Tracking Act of
2004, compiled in title 40, chapter 39, part 2, or similar laws of other state
or federal jurisdictions.
4-21-609. Prohibited discrimination in housing.
(a) Except as provided in § 4-21-610, it is a discriminatory practice in violation of
this chapter for any housing provider to:
(1) Refuse to rent, lease, sell, or otherwise make unavailable any
dwelling to any person solely because of that person's criminal history;
(2) Discriminate against any person in the terms, conditions, or privileges
of the rental, lease, or sale of a dwelling, or in the provision of services or
facilities in connection therewith, solely because of that person's criminal history;
(3) Make, print, or publish, or cause to be made, printed, or published,
any notice, statement, or advertisement with respect to the rental, lease, or sale
of a dwelling that indicates any preference, limitation, or discrimination based on
criminal history;
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(4) Represent to any person because of the person's criminal history that
any dwelling is not available for inspection, rental, lease, or sale when such
dwelling is in fact available;
(5) Include on any housing application any question or inquiry regarding
arrests that did not result in conviction; or
(6) Consider any arrest, charge, criminal accusation, or participation in a
diversion program that did not result in a conviction when evaluating a housing
application.
(b) Nothing in this section prohibits a housing provider from considering criminal
history information that is specifically permitted under § 4-21-610.
4-21-610. Permitted consideration of criminal history.
(a) A housing provider may consider a misdemeanor conviction only if the
conviction occurred within three (3) years preceding the date of the housing application,
beginning from the date of conviction or the date of release from incarceration or
completion of all terms of a sentence, including probation or parole, whichever is later.
(b) A housing provider may consider a felony conviction only if the conviction
occurred within ten (10) years preceding the date of the housing application, beginning
from the date of conviction or the date of release from incarceration or completion of all
terms of a sentence, including probation or parole, whichever is later.
(c) Notwithstanding subsections (a) and (b), a housing provider may consider
any sex offense conviction without regard to the look-back periods established in this
section, if:
(1) The housing provider conducts an individualized assessment as
required by subsection (d);
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(2) The denial is based on a direct relationship between the sex offense
conviction and the safety and welfare of other residents or compliance with
applicable housing restrictions for registered sex offenders under state or federal
law; and
(3) The housing provider provides written notice of the denial in
accordance with § 4-21-611.
(d) If a housing provider intends to deny housing based on a criminal conviction
that falls within the applicable look-back period, the housing provider must conduct an
individualized assessment. A denial based on criminal history may be justified only if the
housing provider determines, based on the individualized assessment, that there is a
direct relationship between the criminal conviction and a demonstrable risk to the safety
and welfare of other residents or property.
(e) The housing provider bears the burden of demonstrating that any denial
based on criminal history is justified under this section and is supported by an
individualized assessment.
(f) A housing provider shall not adopt or enforce any blanket policy that
automatically disqualifies applicants based on the existence of any criminal conviction
without conducting an individualized assessment as required by this section.
4-21-611. Notice requirements.
(a) If a housing provider denies a housing application, refuses to renew a lease,
or takes any other adverse action based in whole or in part on an applicant's criminal
history, the housing provider shall provide the applicant with written notice within seven
(7) business days of the adverse action. The notice must include:
(1) A statement that the adverse action was based in whole or in part on
the applicant's criminal history;
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(2) A description of each specific conviction considered, including the
nature of the offense, the date of conviction, and the jurisdiction of conviction;
(3) A summary of the individualized assessment conducted, including the
factors considered and the basis for the determination that the conviction
presents a direct risk to safety or property;
(4) A statement of the applicant's right to submit additional information or
evidence of rehabilitation, mitigation, or inaccuracy of the criminal history
information within fourteen (14) days of receipt of the notice;
(5) A statement of the applicant's right to file a complaint with the
commission or pursue legal remedies under § 4-21-613(b); and
(6) Contact information for the commission.
(b) The housing provider shall hold the application open and refrain from renting
the dwelling to another applicant for fourteen (14) days following the date that a notice of
denial is sent to allow the applicant to submit additional information or documentation.
The housing provider shall consider any timely submitted information and issue a final
decision in writing within seven (7) business days of receiving such information.
(c) Housing providers shall retain copies of all notices of denial, individualized
assessments, and related documentation for a period of not less than three (3) years
from the date of the denial.
4-21-612. Education and outreach by department of correction.
(a) The department of correction, division of rehabilitative services, shall develop
and implement a comprehensive education and outreach program to inform individuals
with criminal convictions of their rights under §§ 4-21-609 - 4-21-613. The program must
include:
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(1) Educational materials, including pamphlets, videos, and online
resources, explaining the protections afforded under §§ 4-21-609 - 4-21-613 and
the process for filing complaints if discrimination occurs;
(2) Pre-release training sessions for individuals in state correctional
facilities to educate such individuals about fair housing rights, the housing
application process, and resources available upon reentry;
(3) A dedicated telephone hotline and online portal for formerly
incarcerated individuals to report suspected housing discrimination, obtain
information about their rights, and receive referrals to legal assistance or fair
housing organizations;
(4) Partnerships with community-based organizations, reentry service
providers, public housing authorities, and fair housing advocacy groups to
conduct outreach and education; and
(5) Annual reports to the general assembly detailing the number of
individuals served, complaints received, and recommendations for improving
housing access for individuals with criminal histories.
(b) The department of correction shall coordinate with the commission to ensure
consistent messaging and effective enforcement of §§ 4-21-609 - 4-21-613.
(c) Upon release from a state correctional facility, the department of correction
shall provide each individual with written materials summarizing their rights under §§ 4-
21-609 - 4-21-613 and contact information for the hotline and resources available as
described in subsection (a).
4-21-613. Enforcement and remedies.
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(a) The commission has jurisdiction to receive, investigate, and adjudicate
complaints alleging violations of §§ 4-21-609 - 4-21-611 in accordance with the
procedures set forth in this chapter.
(b) Any person aggrieved by a violation of §§ 4-21-609 - 4-21-611 may bring a
civil action pursuant to part 3 of this chapter.
(c) The commission may initiate investigations and bring enforcement actions
against housing providers who engage in a pattern or practice of violating §§ 4-21-609 -
4-21-611.
4-21-614. Relationship to other laws.
(a) Nothing in §§ 4-21-609 - 4-21-613 preempts or limits a local ordinance,
regulation, or policy that provides greater protections against housing discrimination
based on criminal history.
(b) Nothing in §§ 4-21-609 - 4-21-613 requires a housing provider to violate any
federal or state law or regulation, including, but not limited to, restrictions on housing for
registered sex offenders in proximity to schools, childcare facilities, or other protected
locations.
SECTION 3. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 4. If any provision of this act or its application to any person or circumstance
is held invalid, then the invalidity does not affect other provisions or applications of the act that
can be given effect without the invalid provision or application, and to that end, the provisions of
this act are severable.
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SECTION 5. For purposes of promulgating rules and developing the education and
outreach program, this act takes effect upon becoming a law, the public welfare requiring it. For
all other purposes, this act takes effect on January 1, 2027, the public welfare requiring it.