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Ex-convicts may soon become a "protected class" in San Francisco - joining African Americans, Latinos, gays, transgender people, pregnant women and the disabled.

A proposal being circulated at City Hall would make it illegal for landlords and employers to discriminate against applicants solely because they were "previously incarcerated."

Sex offenders and perpetrators of some violent crimes would not be covered.

It would also be illegal to ask anyone about their criminal past on an initial job or housing application.

"The mechanics still need to be worked out," said Supervisor and sheriff candidate Ross Mirkarimi.

"This is a very important discussion on the eve of an immense state prisoner realignment that's going to return hundreds of prisoners back to San Francisco," Mirkarimi said.

Ex-cons already are a protected class when it comes to applying for a city job or seeking to live in housing run by the San Francisco Housing Authority.

Recently, however, the Reentry Council of San Francisco - made up of representatives of the mayor's office, the Police Department, the district attorney's office, the Sheriff's Department, the Adult Probation Department and ex-convicts - adopted a resolution urging the city to apply the special status to the private sector as well.

Janan New of the San Francisco Apartment Association condemned the idea, saying state and federal law already prohibits landlords from "arbitrarily discriminating" against applicants.

"When somebody comes to rent housing, we have the ability ... to screen someone based only on the ability to pay rent," New said.

Now, by creating a newly protected class of citizens, New fears the city will unfairly open the door to "where people can litigate because they say, 'You're discriminating because I'm an ex-felon.' "

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written by 

Phillip Matier,Andrew Ross

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