Ohio Senate considers bill to help those with criminal convictions access housing

COLUMBUS, Ohio (WCMH) -- A bill making its way through the state legislature would help formerly incarcerated people secure housing.

House Bill 50 would create a process for people with criminal convictions to apply for certificates of qualification for housing -- documents signed off on by judges that signal to landlords that the person is a low-risk potential tenant. The CQH program would mirror a program for employment Ohio established more than a decade ago.

The bill, which passed 81-8 in the House in May, has received the support of landlord groups and criminal justice reform advocacy organizations alike.

“For a returning citizen, a stable home can mean everything,” Rep. Latyna Humphrey, a sponsor of the bill, testified in September.

Under HB 50, those convicted of a felony would have to wait at least one year after their release -- or fulfillment of parole requirements or financial sanctions -- to apply for a CQH through the Department of Rehabilitation and Corrections. Those convicted of a misdemeanor would have a six-month waiting period. Each application would be reviewed by the common pleas judge in that person’s county of residence. 

When deciding whether to grant a CQH, a judge must consider the applicant’s criminal history, any filings submitted by the prosecutor or victim, if applicable, the applicant’s military history and medical history related to their military service, if applicable. Expunged criminal convictions would not be considered in the review.

If the preponderance of the evidence -- the lowest evidentiary standard in legal proceedings -- shows that the applicant would materially benefit from the CQH, has substantial need for a CQH to live a law-abiding life and would not create an unreasonable safety risk to the public, the Department of Rehabilitation and Corrections can issue the CQH.

The judge retains discretion to reject a CQH, however, something emphasized in an amendment to the bill added Wednesday. If denying a CQH request, the judge must notify the applicant in writing. 

Landlords are not required to house anyone with a CQH -- something the Ohio Real Estate Investors Association noted in submitted testimony it would object to -- but the bill instead prevents the categorical denial of people with CQHs. Landlords would have to consider each applicant on a case by case basis, with the certificate serving as rebuttable proof that a person’s criminal convictions do not make them unfit for housing.

Any landlord who accepts someone with a certificate would be immune from negligence lawsuits arising from that person’s conduct. If a person is later convicted of a felony or violent misdemeanor, their CQH would be revoked.

Ashley Ward, an attorney with the Ohio Justice and Policy Systems, testified Wednesday during a Senate Community Revitalization Committee that HB 50 would help reduce recidivism and homelessness among Ohioans who have been incarcerated -- but she suggested a few tweaks for it to have the largest impact.

According to data from the Department of Rehabilitation and Corrections, more people were under the supervision of the Adult Parole Authority than released from custody in both 2020 and 2021. Accordingly, Ward said people should be able to obtain housing certificates while under post-release control, and they should not have to wait any amount of time after being released from state custody, no matter if they have financial sanctions to pay.

Ward said in the experience of the Ohio Justice and Policy Systems -- which exclusively represents currently and formerly incarcerated people -- many people are not aware that they were ordered to pay restitution or other fines and often don’t discover outstanding financial sanctions until decades later.

“Ohioans cannot be expected to pay all their financial sanctions before they maintain safe, affordable housing and gainful employment,” Ward said.

Ward also asked the committee to consider amending HB 50 so that only a person’s criminal convictions -- not previous criminal charges that were dropped, for example -- would be considered by a judge.

If passed by the Senate, HB 50 would have to be passed again by the House before heading to the governor’s desk.