It’s against state and federal laws to discriminate against potential renters and property buyers based on many characteristics. If you violate these laws, you may face investigations by government agencies and lawsuits, and if they’re successful, you may be fined, pay the plaintiff damages and their attorney’s fees.
AWB Law, P.C. represents landlords in housing discrimination cases.
If housing discrimination is an issue you want to discuss or you need an attorney to protect yourself against such claims, call them today at (949) 244-4207.
California has two statutes prohibiting housing discrimination: the Unruh Civil Rights Act (Unruh) and the Fair Employment and Housing Act (FEHA). The federal Fair Housing Act (FHA) may also be part of legal claims against you.
State Fair Housing Laws
- The Unruh Civil Rights Act
Unruh covers renters and buyers. It’s illegal to discriminate against them due to their protected class or characteristic:
- Sex
- Race
- Color
- Religion
- Ancestry
- National origin
- Disability
- Medical condition
- Genetic information
- Marital status
- Sexual orientation
- Citizenship
- Primary language
- Immigration status
The California Supreme Court has stated this list is just the beginning because the law covers people beyond the characteristics spelled out in the statute. The law allows for limited exceptions on the types of housing involved.
- The Fair Employment and Housing Act
FEHA prohibits those in the housing business (landlords, real estate agents, home sellers, builders) from discriminating against tenants or homeowners because of their protected class. Those classes include all those in Unruh (except medical condition and genetic information) plus:
- Age
- Gender identity or expression
- Familial status
- Income source
- Military or veteran status
Violations of this anti-discrimination law include:
- Refusing to rent, lease, or sell houses, condos, apartments, or rooms
- Refusing to negotiate sales, rentals, or leases
- Falsely stating housing is unavailable for sale, rental, or inspection when it actually is
- Canceling or terminating an agreement to sell or rent
- Offering interior services, facilities, terms, conditions, or privileges
- Sexual harassment or unwanted sexual advances
- Requiring sexual favors in exchange for housing access
- Refusing to allow, at a disabled tenant’s expense, necessary reasonable changes to accommodate a disability
- Not reasonably accommodating a disabled person concerning policies, rules, services, or practices, which are for the person to have an equal opportunity to use and enjoy a dwelling
- Retaliating against someone who filed a complaint about alleged violations
- What Makes Them Similar? Different?
Unruh covers rental housing. FEHA does not if a tenant rents part of a single-family home owned by a person living in it. The statute of limitations (deadline to file) is two years for FEHA and one year for Unruh. A complaint claiming a violation of either law can be filed with the state’s Civil Rights Department, where it may be investigated, or a lawsuit can be filed in court.
With a successful FEHA claim, the plaintiff can recover out-of-pocket losses, compensation for emotional distress, punitive damages, and reasonable attorney fees. There’s a minimum $4,000 penalty for a nonviolent Unruh violation which increases to $25,000 if violence or a threat of violence is involved. Unruh allows recovery of actual damages, emotional distress damages, and attorney fees.
Federal Fair Housing Act
The FHA protects renters and home buyers, those seeking a mortgage, or people engaging in other housing-related activities. Discrimination based on the following protected classes is illegal under the FHA:
- Race
- Color
- National Origin
- Religion
- Sex (including gender identity and sexual orientation)
- Familial Status
- Disability
It’s illegal to do the following, based on a person’s protected class, under the FHA:
- Refuse to negotiate, sell or rent housing
- Make housing unavailable
- Create different terms, conditions, or privileges
- Offer or provide different housing or facilities
- Falsely state housing is unavailable for inspection, sale, or rental
- Print, make, or publish a notice, statement, or advertisement indicating a preference, limitation, or discrimination based on a person’s protected class
- Impose different sales prices or rental charges
- Use different qualification requirements, criteria, applications, standards, or procedures
- Evict a tenant or their guest
- Harassment
- Delay or fail to perform maintenance or repairs
- Limit privileges, services, or facilities
- Assign a person to a building, neighborhood, or part of a building or neighborhood
- Discourage someone from buying or renting a dwelling
- To make money, persuade or attempt to convince a homeowner to sell their property by suggesting that people of a particular protected class will move into the area (blockbusting)
- Threaten, coerce, intimidate, or interfere with someone exercising a fair housing right or helping others in doing so
- Retaliate against someone filing a fair housing complaint or participating in a fair housing investigation
- Fail to reasonably accommodate or allow reasonable modifications that may be needed to enable persons with disabilities to enjoy their housing.
Fair housing complaints may be filed with the federal Department of Housing and Urban Development (HUD) for up to one year from the incident, or a lawsuit can be filed in Federal Court for up to two years after the incident. Successful plaintiffs can be awarded out-of-pocket costs while obtaining alternative housing and non-economic damages for humiliation, mental anguish, or other psychological injuries.
We’re Here to Help
Whether you’re a landlord, prospective tenant, property seller, or buyer in the market, AWB Law, P.C. can answer your questions about state housing discrimination laws. If you or your business is accused of discrimination law, we can help. Fill out our online contact form or call us at (949) 244-4207 today. We can discuss your situation, how the law may apply, and your best options for moving forward.
