(This is the first in a series of future Practice Tips on California’s Fair Housing Regulations.)
QUESTION: I understand that there have been some changes to the Fair Housing laws in California. What are the protected classes? Is California law more strict than federal law? What should I tell my clients who want information about this issue?
ANSWER: Yes. The California Department of Fair Employment & Housing (“DFEH”) has issued its new regulations which became effective January 20, 2020 and are generally broader than federal law. The California Fair Housing regulations are located in the California Code of Regulations which can be accessed at www.dfeh.ca.gov
In an effort to clarify existing law, such as the Unruh Civil Rights Act (which applies to most housing accommodations in California), the DFEH has adopted the following expanded list of “Housing Protected Bases.”
- Race (including hair texture and style)
- Color
- Ancestry
- Religion
- Sex
- Gender
- Sexual Harassment
- Sexual Orientation
- Gender Identity
- Gender Expression
- National Origin
- Source of Income (including Section 8 and other government voucher programs)
- Marital Status
- Familial Status (children under the age of 18, pregnant, or becoming a legal custodian)
- Disability (mental and/or physical)
- Medical Condition
- Military or Veteran
- Genetic Information
- Primary Language
- Immigration Status
- Age
- Citizenship
It is illegal to take any “adverse action” against anyone who is actually in any of the above protected classes as well as people associated with members of those classes or perceived to be a member of those classes when providing any type of “housing accommodations.”
“Adverse actions” means any action that harms or has a negative effect on an aggrieved person (e.g., refusing to sell, rent, evicting a tenant, rent increases). The term “adverse actions” includes conduct unrelated to housing such as contacting a tenant’s employer to file false allegations or even negative social media posts. Adverse actions can be a single act or a failure to act.
“Housing accommodations” include, but are not limited to, shelters, structures or portions thereof that are occupied by people, floating homes, mobile homes and RVs.
PRACTICE TIPS
- Recognize that California law is ever-changing and evolving to protect people who have been denied the ability to obtain housing.
- Advise your clients that real estate licensees must abide by the Fair Housing laws in California and that you are committed to the principles of Fair Housing.
- Do not personally discriminate against or show bias towards anyone who is in any of the Housing Protected Bases or who is associated with a protected basis or is perceived to be a member of a protected basis.
- Do not work with or facilitate a property owner’s attempt to discriminate against or show bias towards anyone in the Housing Protected Bases or who is associated with a protected basis or is perceived to be a member of a protected basis.
- If your Landlord clients ask any questions about the Fair Housing laws, including whether or not it would be illegal or safe to take any particular action with respect to a Tenant or potential tenant, you should respond by stating that the Landlord should seek advice from a qualified local Landlord-Tenant attorney. This type of advice should be documented in an e-mail.
- If your Seller clients ask any questions about the Fair Housing laws, including whether or not it would be illegal or safe to take any particular action with respect to a Buyer or potential buyer, you should respond by stating that the Seller should seek advice from a qualified California real estate attorney. This type of advice should be documented in an email.
This Weekly Practice Tip is an attorney-client privileged document for the exclusive use of clients of Broker Risk Management and their agents. It may not be reproduced or distributed without the express written consent of Broker Risk Management. The advice and recommendations contained herein are not necessarily indicative of standards of care in the industry, but rather are intended to suggest good risk management practices.
© Copyright 2020 Broker Risk Management 02/14/2020