A Seattle ordinance prohibiting landlords from inquiring about the criminal history of current or potential tenants is unconstitutional, a three-judge panel for the U.S. Court of Appeals for the Ninth Circuit has held.

In a March 21 opinion, a three-judge panel of the Ninth Circuit ruled 2-1 to partially reverse a lower court’s decision to permit a Seattle ordinance prohibiting landlords from inquiring about the criminal history of current or potential tenants. The ordinance also prevented landlords from taking adverse action, like denying tenancy, against tenants based on the information.