OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 50 Final Analysis
135th General Assembly
Click here for H.B. 50’s Fiscal Note
Primary Sponsors: Reps. Humphrey and Seitz
Effective date: September 20, 2024
Effective date:
Shalanda R. Plowden, Research Analyst
SUMMARY
Certificate of qualification for housing (CQH)
Obtaining a CQH
Petition
 Allows an individual who is subject to collateral sanctions for housing as a result of being
convicted of or pleading guilty to an offense to file a petition for a CQH.
Timing
 For a felony, allows an individual to file a CQH petition at any time after the expiration
of one year from the individual’s release from incarceration or, if the individual was not
incarcerated, at any time after the expiration of one year from the individual’s final
release and all other sanctions imposed.
 For a misdemeanor, allows an individual to file a CQH petition at any time after the
expiration of six months from the individual’s release from incarceration and all periods
of supervision, or if the individual was not incarcerated, at any time after the expiration
of six months from the individual’s final release and all other sanctions imposed.
Application fee
 Requires that a CQH petition be accompanied by a $50 filing fee, unless it is waived or
partially waived by the court of common pleas.
Notices
 Requires a court that receives a petition for a CQH to provide notice to other courts in
which the individual was convicted or pleaded guilty to an offense and to the county’s
prosecuting attorney.
Review of evidence
 Requires the court to review the petition for CQH and all other evidence.
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Issuance of CQH
 Allows the court to issue a CQH if the court finds all of the following by a preponderance
of the evidence:
 Granting the petition will materially assist the individual in obtaining housing;
 The individual has a substantial need for the requested relief in order to live a law
abiding life;
 Granting the petition would not pose an unreasonable risk to the safety of the public
or any individual.
Rebuttable presumption
 Provides that an individual is rebuttably presumed to be eligible for a CQH if certain
requirements are met.
Denial of petition
 Requires that a petition that meets the requirements for the rebuttable presumption
only be denied if the court rebuts the presumption and finds that the applicant has not
been rehabilitated.
 Requires that if the court denies a petition for a CQH, the court must provide written
notice to the individual of the court’s denial.
Appeal of CQH
 Specifies that if the court denies a petition for a CQH, the individual may appeal the
decision to the court of appeals only if the individual alleges that the denial was an
abuse of discretion.
Revocation of CQH
 Requires that a CQH be revoked if the individual to whom the CQH was issued is
convicted of or pleads guilty to a felony or a misdemeanor offense of violence
committed after the CQH was issued.
Automatic bar to collateral sanctions
 Provides that the issuance of a CQH lifts the automatic bar of a collateral sanction and
the decision-maker must consider on a case-by-case basis whether to provide or deny
housing.
Sex Offender Registration and Notification Law
 Specifies that a CQH does not create relief from requirements imposed by and rules
adopted under the Sex Offender Registration and Notification Law.
Tort action
 Provides that in a tort action, a CQH issued to an individual may be introduced as
evidence of a decision-maker’s due care in leasing to the individual to whom the CQH
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was issued if the decision-maker knew of the certificate at the time of the alleged
negligence.
 Specifies that in a tort action against a decision-maker for negligent leasing, a CQH
issued to an individual provides immunity to the decision-maker as to the claim if the
decision-maker knew of the certificate at the time of the alleged negligence.
 Provides that if a lessee subsequently demonstrates dangerousness or is convicted of a
felony or a misdemeanor offense of violence, and the decision-maker retains the
individual as a lessee, the decision-maker may be held liable in a tort action based on
the retention of the individual.
Liability for DRC or court
 Provides that a court’s issuance, or failure to issue, or the Department of Rehabilitation
and Correction’s (DRC) or the Adult Parole Authority’s (APA) issuance, or failure to issue
a CQH, to an individual does not give rise to claim of damages against DRC or the court.
PCS Division rules
 Requires the Division of Parole and Community Services of DRC to adopt rules for the
implementation and administration of the act.
Private right of action
 Specifies that its provisions do not create or provide a private right of action.
Tenant education, training, and readiness program
 Requires that if DRC or the APA issues a certificate of achievement and employability to
a prisoner, it also must issue the prisoner a CQH if the prisoner satisfactorily completes a
tenant education, training, and readiness program approved by DRC.
 Provides that a CQH issued under the tenant education, training, and readiness program
statute has the same effect as a CQH issued under the CQH statute.
Legal aid society funds
 Revises the law prohibiting financial assistance received by legal aid societies from being
used for the provision of legal services in any criminal case or proceeding or in the
provision of legal assistance in any fee generating case.
Home Construction Service Suppliers Act
 Makes contracts that exceed $25,000 for repairs, improvements, remodels, or
renovations of existing structures subject to the Home Construction Service Suppliers
Act, instead of the Consumer Sales Practices Act.
Residential development land exemption procedure
 Modifies the application procedure for the residential development property tax
exemption by requiring property owners to apply for the exemption with the county
auditor, rather than the Tax Commissioner.
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 Prohibits a school district from receiving notice of an application for the exemption and
prohibits a school district or other third party from challenging such an exemption.
TABLE OF CONTENTS
Certificate of qualification for housing (CQH) ................................................................................ 4
Obtaining a CQH .......................................................................................................................... 4
Petition ................................................................................................................................... 4
Timing for filing ....................................................................................................................... 6
Application fee........................................................................................................................ 6
Notices .................................................................................................................................... 6
Review of evidence................................................................................................................. 7
Issuance of CQH ...................................................................................................................... 7
Rebuttable presumption ........................................................................................................ 8
Denial of petition .................................................................................................................... 8
Appeal of CQH ............................................................................................................................. 8
Revocation of CQH ...................................................................................................................... 9
Automatic bar to collateral sanctions ......................................................................................... 9
Sex Offender Registration and Notification Law ......................................................................... 9
Tort action ................................................................................................................................... 9
Liability for DRC ......................................................................................................................... 10
PCS Division rules ...................................................................................................................... 10
Private right of action ................................................................................................................ 10
Definitions ................................................................................................................................. 10
Legal aid society funds .................................................................................................................. 11
Home Construction Service Suppliers Act .................................................................................... 11
Residential development land exemption procedure .................................................................. 12
Property tax exemption procedure ........................................................................................... 12
Application ................................................................................................................................ 12
DETAILED ANALYSIS
Certificate of qualification for housing (CQH)
Obtaining a CQH
Petition
The act provides a mechanism by which an individual may file a petition for a CQH.
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This mechanism allows an individual who is subject to one or more collateral sanctions
for housing as a result of being convicted of or pleading guilty to an offense, and who has not
already received a CQH, to file for a CQH by doing either of the following:1
 If the individual resides in Ohio, file a petition with the court of common pleas of the
county where the individual resides.
 If the individual resides outside Ohio, file a petition with the court of common pleas of
any county in which any conviction or plea of guilty from which the individual seeks
relief was entered.
The act requires that a CQH petition be made on a copy of a form prescribed by the
Division of Parole and Community Services (PCS Division) of the Department of Rehabilitation
and Correction (DRC) and include all of the following:2
 The individual’s name, date of birth, and Social Security number;
 All aliases of the individual and all Social Security numbers associated with those aliases;
 The individual’s current residential address, including the length of the time that the
individual has resided in the current residence, expressed in years and months, and the
city, county, state, and zip code of each residence;
 A history of the individual’s residential address or addresses for the past ten years,
including the length of time that the individual has resided at the address, expressed in
years and months, and the city, county, state, and zip code of the residence;
 A general statement as to why the individual has filed the petition and how the CQH
would assist the individual;
 A summary of the individual’s criminal history, except for information contained in any
record that has been sealed, with respect to each offense that is a disqualification from
housing, including years of each conviction or plea of guilty for each of those offenses;
 A summary of the individual’s employment history, specifying the name of, and dates of
employment with, each employer;
 Verifiable references and endorsements;
 The name of one or more immediate family members, or other person’s with whom the
individual has a close relationship, who support the individual’s reentry plan;
 A summary of the reason the individual believes the CQH should be granted;
 Any other information required by rule by DRC.
1 R.C. 2953.26(B)(1).
2 R.C. 2953.26(B)(2), (E), and (I).
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The act specifies that the submission of an incomplete petition must not be grounds for
the court to deny the petition.3
Timing for filing
The act generally allows an individual to file a petition at any time after the expiration of
whichever of the following applies:4
 If the offense that resulted in the collateral sanction for housing is a felony, at any time
after the expiration of one year from the date of the individual’s release from any period
of incarceration in a state or local correctional facility that was imposed for that offense
or, if the individual was not incarcerated for the offense, at any time after the expiration
of one year from the date of the individual’s final release from all other sanctions
imposed for that offense;
 If the offense that resulted in the collateral sanction for housing is a misdemeanor, at
any time after the expiration of six months from the date of the individual’s release
from any period of incarceration in a local correctional facility that was imposed for that
offense and all periods of supervision imposed after release from the period of
incarceration or, if the individual was not incarcerated for that offense, at any time after
the expiration of six months from the date of the individual’s final release from all
sanctions imposed for that offense including any period of supervision.
Application fee
The act requires that a petition for a CQH be accompanied by an application fee of $50.
The court must pay $30 of the fee into the state treasury and $20 into the county general
revenue fund. However, a court of common pleas or the designee of the Deputy Director of the
PCS Division who receives the petition may waive all or part of the $50 fee for an applicant who
is indigent. If the application fee is partially waived, the first $20 of the fee that is collected
must be paid into the county general revenue fund. Any partial fee collected in excess of $20
must be paid into the state treasury.5
Notices
The act requires a court of common pleas that receives a petition for a CQH to attempt
to determine all other courts in Ohio in which the individual was convicted of or pleaded guilty
to an offense other than the offense from which the individual is seeking relief. The court must
notify the other courts in Ohio that it determines were courts in which the individual was
convicted of or pleaded guilty to another offense that the individual has filed the petition, and
that the court may send comments regarding the possible issuance of the CQH.
3 R.C. 2953.26(C)(4).
4 R.C. 2953.26(B)(3).
5 R.C. 2953.26(B)(2), (4), and (5).
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A court of common pleas that receives a CQH petition from an individual must notify the
county’s prosecut