California Fair Housing Act: An Overview
In addition to following landlord-tenant laws, property owners must understand the rules and regulations under the Fair Housing Act. The Fair Housing Law aims to protect all individuals from being discriminated against when looking for housing opportunities in the United States.
This law applies to everyone involved in a housing transaction, including home sellers, landlords, brokers, agents, lenders, insurance providers, appraisers, and the like.
History of the Fair Housing Act
The Fair Housing Act (FHA), originally enacted in 1968 and subsequently expanded, prohibits discrimination in the sale, rental, and financing of dwellings based on several factors that individuals cannot control. In California, the Act is reinforced by the Fair Employment and Housing Act (FEHA), which offers broader protections.
Protected Classes Under the Federal Fair Housing Act
The federally protected classes are the following:
Race
This ensures individuals are not discriminated against based on their race. It was one of the original protections aimed at combating discrimination in housing.
Religion
This protects individuals from being discriminated against based on their religious beliefs or practices. Landlords and sellers cannot make housing decisions based on someone’s religion.
Color
Similar to race, this protection covers discrimination based on the color of one’s skin. It recognizes that even within racial categories, color can be a basis for discrimination.
National Origin
This protects people from discrimination based on their country of origin, accent, or appearance of being from a particular part of the world.
Sex
Originally included to ensure that one’s gender does not affect their housing opportunities, this category was broadened by HUD’s 2016 rule to include protections against discrimination based on gender identity and sexual orientation.
Disability
The Fair Housing Amendments Act of 1988 added disability as a protected class, requiring reasonable accommodations for individuals with disabilities and mandating accessibility features in new multi-family housing.
Familial Status
Also added by the 1988 amendments, this category protects families with children under 18 from discrimination. It also covers pregnant women and anyone securing custody of children under 18.
Additional Protections Under the California Fair Housing Law
In addition to the protected classes mentioned above, California’s FEHA includes the following protected classes:
Gender Identity and Gender Expression
California law explicitly protects individuals from discrimination based on their gender identity meaning a person’s internal understanding of their gender, and gender expression including behavior, clothing, hairstyles, voice, and body characteristics.
Ancestry
Similar to national origin, ancestry protection covers discrimination based on one’s family lineage or heritage.
Marital Status
This class protects individuals from discrimination based on whether they are single, married, divorced, or widowed.
Sexual Orientation
This includes protection against discrimination based on an individual’s sexual orientation, whether perceived or actual, including lesbian, gay, bisexual, heterosexual, and other orientations.
Arbitrary Characteristics
The personal traits or qualities that don’t have a legitimate bearing on a person’s ability to rent, purchase, or enjoy housing.
Citizenship and Immigration Status
This means landlords and housing providers cannot make rental or housing decisions based on whether a person is a U.S. citizen, a lawful permanent resident, a visa holder, or an undocumented individual.
Primary Language
Discrimination based on an individual’s primary language, or language preference, is also prohibited under California’s fair housing laws.
Source of Income
This protection ensures that individuals are not discriminated against based on their income sources, including social security, public assistance, child support, or any other lawful source of income.
Age
Specifically, this refers to protections for individuals who are over the age of 40, guarding against ageism in housing decisions.
Military or Veteran Status
This class protects current military service members, veterans, and their families from housing discrimination.
Key Provisions for Landlords
It’s crucial to familiarize yourself with the key provisions of the FHA and FEHA to ensure you are operating within the law. These provisions include:
- Non-Discriminatory Advertising: Ensure your rental listings are free from discriminatory language. Phrases that indicate a preference based on protected characteristics are prohibited.
- Fair Evictions: A landlord must ensure that they have legal cause to evict a tenant. Carrying out the process for discriminatory reasons would violate the Act.
- Equal Treatment in Screening Processes: You must provide the same application opportunities and use consistent criteria for all potential tenants, irrespective of their background.
- Fair Security Deposit Use: Landlords must ensure they only make allowable deductions to a tenant’s security deposit.
- Reasonable Accommodations: Landlords are required to make reasonable accommodations in rules, policies, practices, or services when necessary to provide equal opportunity to use and enjoy a dwelling.
Key Exemptions
The following are some examples of exemptions from the Fair Housing Act:
- Owner-Occupied Buildings: Buildings with four or fewer rental units are exempt if the owner lives in one of the units.
- Unbrokered Single-Family Housing: Single-family homes sold or rented by the owner without the use of a broker, provided the owner owns no more than three such homes at one time.
- Housing Operated by Religious Organizations: Housing owned or operated by religious organizations in the state of California may restrict occupancy to members of the religion, provided that membership is not restricted based on race, color, or national origin.
- Private Clubs: Housing owned or operated by private clubs that are not open to the public may restrict occupancy to club members.
- Age-Restricted Communities: Housing intended and operated for occupancy by persons 55 years of age or older, or 62 years of age or older, may be exempt from familial status discrimination provisions, under specific conditions.
Bottom Line
The Fair Housing Act in California is a commitment to equality and inclusivity in the housing market. As a landlord, embracing these principles keeps you compliant with the law and contributes to a more equitable society. A professional property manager like Superior West Property Management can assist you. Contact us today to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
