Housing Discrimination Laws in California
- The primary law prohibiting housing discrimination in California is The Fair Housing and Employment Act, set forth in the Government Code at sections 12900 to 12996. Section 12955 of the FEHA specifically states that discrimination in housing cannot be based on a person's "race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income, or disability." The FEHA protections pertain not only to persons with any of the listed traits, but also to any person perceived to have any such traits or associates with any person with those traits. Both persons applying for and occupying housing are protected by the FEHA.
- In addition to the FEHA , the Unruh Civil Rights Act also prohibits housing discrimination in California. The act is set forth at Civil Code Section 51 and states that discrimination is prohibited in "all business establishments of every kind whatsoever" and specifically lists "sex, race, color, religion, ancestry, national origin, disability, or medical condition" as illegal bases for discrimination. The act applies to all housing accommodations, and the California Supreme Court has ruled that the act covers all arbitrary discrimination, including situations involving a person's traits that are not necessarily specified in the act. For purposes of housing discrimination laws in California, a violation of the act will also constitute a violation of the FEHA.
- California law also prohibits housing discrimination in many other statutes that were enacted to address specific situations. For example, Civil Code sections 782 and 782.5 prohibit inserting a provision in a real property deed that would restrict the right of a person to buy or lease the property due to the person's race. Any such provision would be void and unenforceable. Another example is Civil Code section 51.9 that prohibits sexual harassment in certain professional or business relationships, including harassment by a landlord or property manager against a tenant.
- Anyone who believes that he has been subject to housing discrimination under either the FEHA or Unruh Act can file complaint with the Department of Fair Employment and Housing. Although no fee is charged for filing a complaint, it must be done so within one year of the alleged discrimination, or it is waived. The department will conduct an investigation of the claim and attempt to reach a settlement between the parties. If no settlement is made and the department finds cause to believe discrimination did occur, an accusation will be issued against the person committing the violation. The issue can be heard by an administrative judge or tried before a jury.
