Ohio Senate Contemplates Groundbreaking Bill to Facilitate Housing for Formerly Incarcerated Individuals

House Bill 50 Proposes Housing Certificates Backed by Judges to Alleviate Reentry Challenges

In a promising development, the Ohio state legislature is actively considering a transformative bill aimed at easing housing challenges for formerly incarcerated individuals. House Bill 50, currently making its way through the legislative process, holds the potential to significantly impact the lives of such individuals seeking stable housing upon reentry.

The CQH Program: A Beacon of Hope for Reentry

House Bill 50 introduces a groundbreaking process known as the Certificate of Qualification for Housing (CQH), a concept inspired by a successful employment program established in Ohio over a decade ago. The proposed program is designed to provide individuals with criminal convictions an avenue to apply for a certificate, signed off by judges, indicating to landlords that they pose a low-risk as potential tenants.

Bipartisan Support and Advocacy Endorsements

This legislative initiative has garnered widespread support, passing with an overwhelming majority of 81-8 in the House in May. Notably, both landlord groups and criminal justice reform advocacy organizations have rallied behind the bill, recognizing its potential to address reentry challenges and contribute to the rehabilitation of individuals with criminal backgrounds.

Representative Latyna Humphrey, a key sponsor of the bill, underscored the importance of stable housing for returning citizens, stating, “For a returning citizen, a stable home can mean everything.”

Key Provisions of House Bill 50

The proposed legislation establishes clear guidelines for individuals with criminal convictions to apply for CQH through the Department of Rehabilitation and Corrections. Key provisions include:

Waiting Periods: Convicted felons must wait at least one year post-release, parole fulfillment, or meeting financial sanctions, while misdemeanants face a six-month waiting period.
Judicial Review: Each application undergoes a thorough review by the common pleas judge in the applicant’s county of residence. Considerations include criminal history, input from the prosecutor or victim, military history, and relevant medical history.
Approval Criteria: Judges base their decisions on a preponderance of evidence, ensuring that the applicant would materially benefit from the CQH, has a substantial need for it to lead a law-abiding life, and poses no unreasonable safety risk to the public.

Discretionary Power: Judges retain discretion in approving or rejecting a CQH, with a new amendment emphasizing written notification to applicants in case of denial.

Landlord Considerations and Legal Safeguards

While landlords are not obligated to house individuals with CQH, the bill prohibits categorical denial based on criminal convictions. Landlords must assess each applicant on a case-by-case basis, with the certificate serving as rebuttable proof of a person’s suitability for housing. Moreover, landlords accepting certificate holders gain immunity from negligence lawsuits, offering a layer of legal protection.

Advocacy Recommendations and Proposed Amendments

Ashley Ward, an attorney with the Ohio Justice and Policy Systems, testified that HB 50 could significantly reduce recidivism and homelessness among Ohioans with criminal histories. However, she suggested amendments to allow obtaining housing certificates during post-release control and eliminating waiting periods related to financial sanctions.

Looking Ahead: Senate Approval and Next Steps

As House Bill 50 awaits Senate consideration, its potential impact on addressing housing barriers for Ohio’s formerly incarcerated population hinges on legislative approval. Should it pass the Senate, the bill will undergo reconfirmation by the House before reaching the governor’s desk, marking a crucial step toward reshaping reentry dynamics in the state.

Stay tuned for further updates on this groundbreaking legislation that seeks to create a more inclusive and supportive environment for individuals seeking a fresh start post-incarceration.