The unintended consequences of Megan's Law

Current state law forbids use of the Megan's Law online to deny housing to sex offenders listed on the state Department of Justice's Web site. In fact, landlords and apartment managers risk a lawsuit if they warn other tenants about a sex offender living among them. At the same time, the law also exposes landlords to lawsuits if they fail to protect residents against a known risk - toxic mold, a serious building code violation or, in this case, someone with a documented criminal history of sexual assault against children.

What if this renter is acting on incorrect information? It's entirely possible. The Megan's Law Web site is riddled with old or incorrect addresses because offenders often don't update their location, even though it is required by law. But the concerned renter at your office door probably doesn't know that.

And what's more, the outdated information is scaring away prospective renters who use the Megan's Law Web site to check out your apartment complex. This is not only frustrating, but hurts your bottom line as incorrect information results in current tenants moving out and prospective tenants staying away from your apartment community.

In its effect on the rental housing industry, Megan's Law is a classic example of the law of unintended consequences.

Landlords, apartment managers and property management firms are in an impossible no-win situation. We're caught between a well-intentioned law - one that we fully support - and well-grounded fears, which we completely understand Many of us are parents, too. And all of us are law-abiding citizens who are horrified by the crimes that prompted the creation of Megan's Law.

As members of the California Apartment Association (CAA), we support the original intent of Megan's Law: To give Californians adequate information about the identities and locations of sex offenders who may put them and their families at risk. But the application of this law contains some serious flaws. We want to fix them.

The CAA is currently working with State Assembly member Nicole Parra to enact AB-438. This bill would require the California Attorney General to immediately update the Megan's Law Web site if a rental property owner sends notification that a sex offender no longer lives at a listed address. But that only repairs one flaw. The ultimate goal of the CAA is that AB-438 will lead to other reforms of Megan's Law so landlords and rental property managers can act to protect their tenant-customers.

The California Legislature needs to clarify state law so that rental property owners can use the Web site's database to act decisively in the interests and safety of other tenants. If all individuals listed on the Web site are truly a threat to others, then landlords and rental property managers should be able to deny their rental applications, evict them or warn other residents about tenants with criminal histories as sexual offenders.

Megan's Law has great potential as a valuable resource for Californians and their families. Contact your legislator about supporting AB-438 and efforts to make Megan's Law an effective law for everyone.

Steve Donohue is the president of the California Apartment Association.