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Sex Offender Notice Required in California Rental Agreements

By
Property Manager with HomePointe Property Management, CRMC 00691121

This is the language that needs to be in your California rental agreement:

Registered Sex Offender 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 www.meganslaw.ca.gov . 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.

Did you know that a landlord can fined $25,000.00 for denying a sex offender housing based on their registration? HUD housing is one exception to this law.  The purpose of registration is to notify neighbors so they can protect themselves, but it is not intended to deny housing.

See our Rental Agreement at http://www.homepointe.com/rentalagreement.pdf .

 

 

 

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Posted by

Robert A. Machado, CPM, MPM

HomePointe Property Management

Sacramento, Yolo, El Dorado, and Placer Counties

We manage residential and commercial property.

916-429-1205 x 105

rmachado@HomePointe.com

Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

When was this law enacted.  Is it new or has it always been around.  Are there standard forms you use?

May 28, 2008 03:39 PM
Robert Machado
HomePointe Property Management, CRMC - Sacramento, CA
CPM MPM - Property Manager and Property Management

Joan,  this law was originally enacted in 1994 and updated in 2006.  I know of no standard form but the language should be entered into your rental agreement. 

May 28, 2008 04:00 PM
Denise OnullDell
Santa Clarita Mobile Notary - Santa Clarita, CA
Mobile Notary Public/Real Estate Agent

I knew about the requirement, but did not know about the update so thanks!  I did not know about the $25,000 fine.  Wow!  Also, when you say HUD Housing is an exception, do you mean Section 8 Housing?

 

May 28, 2008 04:29 PM
Bo Buchanan
Kettley Realtors - Oswego, IL

Interesting that HUD is exempted from denying someone based on the sex offender status. So the government is saying you have to play by this rule -but we don't?  I have never even considered that scenario in Illinois - i wonder if there is a law here?

May 28, 2008 04:45 PM
Robert Machado
HomePointe Property Management, CRMC - Sacramento, CA
CPM MPM - Property Manager and Property Management

Denise,  my understanding is the the exception is for project based HUD housing.  I do not think it applies to Section 8 housing for individual units.  You should check on that with Section 8.

Bo, we have met the enemy, and they are us!  I don't know about Illinois, sorry.

May 28, 2008 05:13 PM
* Rate A Home
Rate A Home - Saugatuck, MI

Robert, I don't think thats a bad thing to include it. The only thing, here in Michigan if a person takes a leak (for better use of words, LOL) in public and gets caught they can end up on the sex offenders list. There is no description of what the offender did to make the list, so the "leaker" is looked at the same way as the child molester.

May 29, 2008 12:22 AM
Robert Machado
HomePointe Property Management, CRMC - Sacramento, CA
CPM MPM - Property Manager and Property Management

Duane,  Here in California you can drill into the online report and see what the crime was.  But I am pretty sure it would say "Indecent Exposure" in  your example and not "Taking a leak in public". 

May 29, 2008 05:02 AM
* Rate A Home
Rate A Home - Saugatuck, MI

Robert, that would be nice if Michigan would follow suit in posting the reason. I have a friend who paid a ton of legal to keep his son off the list for taking a leak along the side of a road in the middle of the night. Unfortunately the only car that came around the corner was he was standing behind the car was a police. Tough luck...

May 29, 2008 05:14 AM
Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

Some history - although the law is named after a girl in NJ - Megan Kafka; CA also had a similar situation with Polly Klaas of Petaluma where sex offender murdered her....her father founded the Klass Foundation and he has partnered with John Walsh and others to champion laws for registration of sex offenders including the national Amber Alert (Amber was a girl taken from her home in Tahoe).  The federal law does not require any notification to would-be tenants, only that the information be available.  The real estate industry went overboard for several years and brokerage firms put links to state sex offender registry websites on their firm sites and then quickly found that their agents were spending more time answering questions on the state websites  so those links have been mostly  removed unless they are state-mandated.

Unfortunately, if you MURDER a child, you are not required to register....so some pretty bad dudes are not listed and many who are required to register are now objecting to their not being able to live in a close proximity to schools.

Thanks for the update on this notification requirement for CA - hopefully, it will stop there and not migrate to other states.

May 29, 2008 05:18 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

We do require buyers and sellers sign this for everything. Fortunately, for real property sales, Property ID has it now built in to its documents.

elizabeth weintraub sacramento real estate agent

May 30, 2008 02:11 PM