The Sunnyvale City Council voted at its April 9 meeting to add criminal background checks to the city's below-market-rate housing program's qualification process, targeting people who have been convicted of violent crimes or possession of drugs for sale.

The issue arose from a local resident's complaint about a neighbor who purchased a BMR home and was later arrested and charged with murder. That neighbor was Gary Swierski, the Sunnyvale man convicted of strangling his wife to death more than seven years ago. He was sentenced to 25 years to life in prison.

The city council first directed staff in July to see if the city could access the state's criminal database to screen applicants for the local BMR ownership program; however, staff reported this is not permitted. Such access would require an amendment to the penal code by the state Legislature.

At its March 5 meeting, the council asked staff to consider how, and whether, to proceed with the issue.

Under the current BMR ordinance, the eligibility of prospective buyers is determined by income.

Councilman Jim Davis proposed hiring a private service provider to perform the background checks at the cost of the BMR applicant.

"This will assure us that people of legitimate reasoning are going to be involved in our housing program," Davis said. "It is something that has been done in the private sector in affordable housing and the apartment sector for years and years. It also categorizes those specific areas of criminal activity that we want to look at, rather than using a broad brush."

Vice Mayor Jim Griffith disagreed.

"I appreciate the motivation that created this issue in the first place; the incident that triggered this was horrific. It was a very bad situation, but it was a pretty unique situation," Griffith said. "We should be doing what we can to remove hurdles for people who want to buy a home--not create new ones--and this one certainly does."

Griffith also voiced concerns about the background check creating legal liability for the city.

"There's a reason why no other city in the state does this, and I think we need to take that seriously," Griffith added.

Councilman Dave Whittum countered Griffith's comments by saying, "We have a responsibility when we bring folks in. I think we're being less responsible than a typical landlord in looking at the backgrounds of their tenants. We shouldn't be doing that."

The final vote was 4-3, with Griffith, Councilman Pat Meyering and Mayor Tony Spitaleri dissenting. The decision directed staff to return with options for the criteria and how they could be incorporated as a city ordinance or as part of the BMR program.

Potential eligibility criteria that would preclude applicants for BMR homes could include violent crimes and crimes related to manufacturing or selling drugs.