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| Discrimination
in California Housing |
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Unlawful Discrimination in
California
A California landlord cannot refuse to rent to a tenant, or engage in any
other type of discrimination,
on the basis of group characteristics specified by law that are not closely
related to the landlord's business needs. Race and religion are examples of
group characteristics specified by law. Arbitrary discrimination as the basis
of any personal characteristic such as those listed under this heading also is
prohibited. The California Legislature has declared that the opportunity to
seek, obtain and hold housing without unlawful discrimination is a civil
right.
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Under California law, it is unlawful for a
landlord, managing agent, real estate broker, or salesperson to discriminate
against a person or harass a person because of the person's race, color,
religion, sex (including pregnancy, childbirth or medical conditions related
to them, as well as gender and perception of gender), sexual orientation,
marital status, national origin, ancestry, familial status, source of income,
or disability, California law also prohibits discrimination based on any of
the following:
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A person's medical condition or mental or
physical disability; or
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Personal characteristics, such as a person's
physical appearance or sexual orientation that are not related to the
responsibilities of a tenant; or
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A perception of a person's race, color,
religion, sex, sexual orientation, marital status, national origin,
ancestry, familial status, source of income, disability or medical
conditions, or a perception that a person is associated with another
person who may have any of these characteristics.
Under California law, a landlord
cannot use a financial or income standard for persons who want to live
together and combine their incomes that is different from the landlord's
standard for married persons who combine their incomes. In the case of a
government rent subsidy, a landlord who is assessing a potential tenant's
eligibility for a rental unit must use a financial or income standard that is
based on the portion of rent that the tenant would pay. A landlord cannot
apply rules, regulations or policies to unmarried couples who are registered
domestic partners that do not apply to married couples.
It is illegal for landlords to
discriminate against families with children under 18. However, housing for
senior citizens may exclude families with children. "Housing for senior
citizens" includes housing that is occupied only by persons who are at
least age 62, or housing that is operated for occupancy by persons who are at
least age 55 and that meets other occupancy, policy and reporting requirements
stated in the law
There are limited exceptions for Roommates
situations and for boarders in single family homes
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The California
Department of Fair Employment and Housing investigates housing
discrimination complaints (but not other kinds of landlord-tenant problems).
The department's Housing Enforcement Unit can be reached at 1-800-233-3212
(TTY 1-800-700-2330).
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***** ADDITIONAL LAWS MAY OR MAY NOT APPLY. THE ABOVE NOTES ARE FOR
REFERENCE ONLY. REFER TO A LOCAL LEGAL AID GROUP or YOUR OWN ATTORNEY.
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