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Public speakers, council back review of fair-housing ordinance to limit denials based on arrest or conviction records
Summary
After public testimony from housing advocates and people with criminal records, the Oshkosh council directed staff to prepare an amendment to the city’s fair-housing ordinance to limit blanket denials based on arrest or conviction records and to explore related application-notice practices.
Following public testimony from residents and housing advocates on July 8, the Oshkosh City Common Council directed staff to proceed with drafting an amendment to the city’s fair-housing ordinance to prohibit blanket denials of rental housing solely because an applicant has an arrest or conviction record.
Speakers at the council meeting described personal experiences and policy research. Jennifer Bernadami (identified as a housing advocate and resident) recounted spending two years securing a lease after a criminal conviction and said she supported language modeled on a Dane County ordinance and Department of Housing and Urban Development guidance to require that landlords evaluate criminal histories for relevance and recency rather than apply a blanket ban. Katie Olsen, executive director of ESSER (a faith-based social-justice organization), and other local advocates said permitting blanket exclusions increases homelessness and has disproportionate impacts by race.
Councilmember Larson said he had raised the topic with staff and provided model language used in Dane County and HUD guidance; he asked staff to research a possible change and come back with draft ordinance language. Councilmembers from across the ideological spectrum emphasized they do not intend to prohibit background checks, but rather to require individualized consideration of criminal history and to remove an automatic “no” when an applicant checks a criminal-history box.
Multiple public speakers recounted case examples, including individuals who struggled to find housing after prison or who were held in custody because no housing was available. Speakers urged that the ordinance include procedures allowing applicants to learn why they were denied and to appeal incorrect background-check results.
City attorney staff advised the council that there are state-law provisions that affect sex-offender and other legally regulated categories, and that staff would need to research the interaction of any ordinance change with state statutes and with federal HUD guidance. The council unanimously gave staff direction to draft ordinance language and return for future review; council members also discussed possible outreach to landlord associations and community stakeholders during drafting.
Ending: Staff will prepare a redlined ordinance and legal analysis, including a review of state restrictions (e.g., sex-offender provisions) and mechanisms for applicants to receive denial explanations, for council review at a later meeting.
