Cal. Civ. Code § 8-37ee-909
Applicant screening
Operative Text
(a) When an entity selects an applicant from the waitlist and determines that the applicant is eligible for the housing opportunity, or upon receipt of an application, at the entity’s discretion, the entity may elect to screen applicants. Entities may identify screening criteria in accordance with the approved tenant selection plan. (b) Entities may consider extenuating circumstances in evaluating information obtained during the screening process to assist in determining the suitability of an applicant for a housing opportunity. An entity may adopt a policy to consider extenuating circumstances that would allow acceptance of an applicant whom the entity would otherwise reject, but an entity shall not have a policy to consider extenuating circumstances to reject an applicant who would otherwise be eligible. (c) If screening criteria is used, entities shall apply screening criteria consistently to all applicants. (d) Screening shall comply with all applicable federal, state and local fair housing and civil rights laws.
Under Conn. Agencies Regs. § 8-37ee-909, housing entities may screen applicants drawn from a waitlist or submitting applications, using criteria set out in an approved tenant selection plan. Any screening criteria must be applied consistently to every applicant, and the entire screening process must comply with applicable federal, state, and local fair housing and civil rights laws. Entities are permitted to consider extenuating circumstances to accept an applicant they might otherwise reject, but they may not use extenuating circumstances as a basis to reject an otherwise eligible applicant.
Plain English — not legal advice.
Housing operators subject to Conn. Agencies Regs. § 8-37ee-909 generally document their screening criteria within an approved tenant selection plan and apply those criteria uniformly across all applicants to demonstrate consistent treatment. Compliant operators also maintain a written extenuating-circumstances policy that is structured to expand—not restrict—eligibility, ensuring it is never used as a tool to deny an otherwise qualified applicant. All screening practices are reviewed against applicable fair housing and civil rights requirements at the federal, state, and local levels.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Conn. Agencies Regs. § 8-37ee-909 establishes that if a housing entity uses screening criteria, those criteria must be applied the same way to every applicant, and the process must conform to fair housing and civil rights protections. Importantly, an entity's extenuating-circumstances policy can only work in an applicant's favor—it cannot be used as a reason to reject someone who would otherwise qualify. Applicants who believe screening was applied inconsistently or in violation of fair housing law may consider contacting a local tenant-rights organization, filing a complaint with a relevant fair housing agency, or exploring other enforcement paths available under state and federal law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 24, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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