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Registered Sex Offender...

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clara2short

Junior Member
What is the name of your state (only U.S. law)? California

If this is posted in the wrong section, Please move this thread..

As apartment managers, what are our rights regarding a sex offender in one of our units? We are losing tenants. Are we legally bound to inform prospective tenants that there is a registered sex offender living in the building? Because of the Megan's Law website, they find out after moving in and we are forced to release all deposits and let them go. This has happened a number of times to us and makes our business very difficult.

Are we allowed as managers to get access to criminal records regarding the offender?
 


Gail in Georgia

Senior Member
Do you do any screening at all on potential tenants?

Many online screening companies offer criminal screens. Clear Screening (for example) will run a US Criminal screen for $19.95.

Gail
 

CdwJava

Senior Member
As apartment managers, what are our rights regarding a sex offender in one of our units?
You can stay away from him.

We are losing tenants. Are we legally bound to inform prospective tenants that there is a registered sex offender living in the building?
It seems you have to advise of Megan's Law, but not the presence of the offender.

Here is a good resource:

Landlord/Tenant Book Index - California Department of Consumer Affairs

And from that site:
"MEGAN'S LAW" NOTICE

Civil Code Section 2079.10a. (The notice used must be in at least 8-point type.)

Language required from July 1, 1999 to August 31, 2005:

Notice: The California Department of Justice, sheriff's departments, police departments serving jurisdictions of 200,000 or more, and many other local law enforcement authorities maintain for public access a database of the locations of persons required to register pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The database is updated on a quarterly basis and is a source of information about the presence of these individuals in any neighborhood. The Department of Justice also maintains a Sex Offender Identification Line through which inquiries about individuals may be made. This is a "900" telephone service. Callers must have specific information about individuals they are checking. Information regarding neighborhoods is not available through the "900" telephone service.

Language required from September 1, 2005 to March 31, 2006: Either the language above or below.

Language required on and after April 1, 2006:

Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at California Megan's Law - California Department of Justice - Office of the Attorney General. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides.​
So, it seems you are required only to advise of the website but not the presence of the offender.

Are we allowed as managers to get access to criminal records regarding the offender?
You can obtain only public records. That will include what you can find at the Megan's Law website, the courthouse, and what the local police or sheriff's departments will tell you (which will likely be very little if anything). A person's state criminal offender record is not public record.
 

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