Fair housing rules imposed by both California and Federal law apply to residential landlords and entities who are acting on behalf of such landlords. Complying with these laws can be complex and may involve providing reasonable accommodations for disabled tenants in addition to avoiding the appearance of any type of discrimination such as racial, sexual, or religious discrimination. Our office can assist in responding to complaints made with the California Department of Fair Housing & Employment, the Federal Government and with complaints which include allegations of fair housing violations.

Tenants in California cannot be discriminated against in California based upon certain characteristics including traits such as sex, race, sexual orientation, religion, marital status, national origin and ancestry, familial status, source of income (which now includes Section 8), disability and medical conditions, genetic information and characteristics survivors of domestic violence, human trafficking, elder abuse, sexual assault and stalking and military/veteran status. Individuals who are perceived as having such characteristics or who are associated with someone with these characteristics are also protected from discriminatory practices.

Discrimination can take many forms including the decrease of services, refusal to offer a rental unit, harassment, differential treatment in how rules and regulations are applied to the tenants or inferior conditions or privileges.

Violations of California’s anti-discrimination laws include the following:

  • Refusal to sell, rent, or lease rooms, apartments, condos or houses to protected individuals
  • Refusal to negotiate for the sale, rental, or lease of housing
  • Representation that a housing accommodation is not available for inspection, sale, or rental when it is in fact available
  • Denial of a home loan or homeowner’s insurance
  • Cancellation or termination of a sale or rental agreement
  • Policies, practices, terms, or conditions that result in unequal access to housing or housing-related services
  • Offering inferior terms, conditions, privileges, facilities or services in connection with the housing accommodation
  • Sexual harassment involving unwanted sexual advances or requiring sexual favors for housing rights or privileges
  • Refusal to permit, at a disabled tenant’s expense, reasonable modifications when necessary to accommodate a disability
  • Refusal to make reasonable accommodations in housing rules, policies, practices, or services where necessary to afford a disabled person equal opportunity to use and enjoy a dwelling
  • Retaliation against someone filing a complaint
  • Overly restrictive rules limiting the activities of daily life for families with children, including where children are allowed to play

Tenants may file such claims with the State of California to have it investigated by the Department of Fair Employment and Housing (“DFEH”). Alternatively, a tenant can file a lawsuit and seek damages for discrimination they believed occurred. In either situation, our firm can assist you with responding to a DFEH investigation or in addressing allegations of fair housing violations.