California Fair Housing Law (continued)

California Fair Employment and Housing Act

The California Fair Employment and Housing Act declares that the practice of discrimination in housing accommodations because of race, color, religion, sex, marital status, national origin, or ancestry is against public policy. This act also prohibits discrimination based on physical handicap, medical condition or age.

The predecessor of this act, the Rumford Act, was repealed in 1980, and the current act was enacted at the same time.

In order to understand the verbiage of this act, it is necessary to define the following operational terms as follows:

•  Housing Accommodations
•  Enforcement

Housing Accommodations

The term housing accommodation includes any improved or unimproved real property, or portion thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more human beings. However, it does not include any accommodations operated by a religious, fraternal, or charitable association or corporation not organized or operated for private profit, provided that such accommodations are being used in furtherance of the primary purpose or purposes for which the association or corporation was formed.

The term owner includes the lessee, sublessee, assignee, managing agent, real estate broker or salesperson, or any person having any legal or equitable right of ownership or possession or the right to rent or lease housing accommodations. It also include the state and any of its political subdivisions and any agency thereof. (CC § 12927(e))

The term person includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, and receivers or other fiduciaries. (CC § 12925(d))

The act states that it is unlawful:

1. "For any owner of any housing accommodation to discriminate against any person because of the race, color, religion, sex, marital status, national origin, or ancestry of such person."


2. "For the owner of any housing accommodation to make or to cause to make any written or oral inquiry concerning the race, color, religion, sex, marital status, national origin, or ancestry of any person seeking to purchase, rent, or lease any housing accommodation."


3. "For any person to make, print, publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a housing accommodation that indicates any preference, limitation, or discrimination based on race, color, religion, sex, marital status, national origin, or ancestry or an intention to make any such preference, limitation, or discrimination."


4. "For any person subject to the provisions of the Unruh Act, to discriminate against any person because of race, color, religion, sex, marital status, national origin, or ancestry with reference to housing accommodations."


5. "For any person, bank, mortgage company, or other financial institution to whom application is made for financial assistance for the purchase, organization, or construction of any housing accommodation to discriminate against any person or group of persons because of the race, color, religion, sex, marital status, national origin, or ancestry of such person or persons, or privileges relating to the obtaining or use of any such financial assistance."


6. "For any owner of housing accommodations to harass, evict, or otherwise discriminate against any person in the sale or rental of housing accommodations when his dominant purpose is under this section, or informed law enforcement agencies of practices believed unlawful under this section, or has testified or assisted in any proceeding under this part. This provision is intended not to cause or permit the delay of an unlawful detainer action."


7. "For any person to aid, abet, incite, compel or coerce the doing of any of the acts or practices declared unlawful in this section, or to attempt to do so."

The provisions of the Fair Housing Act apply to the sale or rental of all residential dwellings or units, regardless of size or number of units in the building or how it is financed. This included single family residences or dwelling units, except for the rental to a single roomer or boarder who lives in the household.

There are very few exemptions to existing fair housing laws. Even when the owner's activities may be exempt under the provisions of the Fair Housing Act, they still may come within the purview of the Unruh Civil Rights Act. Also, the discriminatory activities of the real estate licensee will almost always fall within the provisions of the Unruh Civil Rights Act, regardless of any potential exemption that might exist under the Fair Housing Act.

Enforcement

Any person claiming to be a victim of an alleged violation of the Fair Housing Act may file a verified complaint with the Department of Fair Employment and Housing. The complaint must be in writing and verified, and it must include the name and address of the person who allegedly committed the violation of the Act, the particulars of the violation, and such other information as may be required by the Department. (CC § 12980(a), (b))

The complaint must be filed within 60 days from the date the alleged violation occurred. This period may be extended for an additional period not to exceed 60 days (following the expiration of the initial 60 days) if the complainant first obtained knowledge of the facts of the alleged violation after the expiration of the initial 60 days from the date of its occurrence. (CC § 12980(b)

If after a verified complaint has been filed with the Department and a preliminary investigation finds that the respondent has engaged in an unlawful practice as defined in the Act, the respondent will be served with an order to cease and desist from such practice and to take one of the following affirmative actions:

1. The sale or rental of the housing accommodation to the aggrieved person, if it is still available;


2. The sale or rental of a like accommodation, if one is available, or the next vacancy in a like accommodation;


3. If the Department determines that neither of the remedies under subparagraphs 1 or 2 are available, it can order the payment of actual damages and punitive damages not to exceed $1,000. (CC § 12987(1), (2))

However, if the Department finds that a respondent has not engaged in any discriminatory practice as defined by the Act, it must state its finding of fact and serve on the complainant an order dismissing the accusation. (CC § 12980(d), 12987)

Test Drive Quiz

Click below to go to the Fair Housing Test Drive Quiz. Select your answers to the quiz questions and then click the GRADE button at the bottom of the quiz.

Immediately after you submit your quiz we will send you a summary of your results including:

• How you answered the quiz questions;
• Links to relevant text within the Test Drive material where the subjects in question are covered;
• A link to access the next lesson.