Unlawful Discrimination
What is unlawful discrimination?
A landlord cannot refuse to rent to a tenant, or provide unequal terms to a tenant, for a discriminatory purpose. The law also safeguards certain protected classes from discrimination. In California, protected groups, or “classes”, include:
• Race, color
• Ancestry, national origin
• Religion
• Disability, mental or physical
• Sex, gender
• Sexual orientation
• Gender identity, gender expression
• Genetic information
• Marital status
• Familial status
• Source of income (including housing vouchers)
• Military or veteran status
Additionally, the Unruh Civil Rights Act, which applies to private housing, prohibits discrimination based on citizenship, immigration status, primary language, age, medical condition, or any other arbitrary personal characteristic. Discrimination based on specified personal characteristics is also prohibited. California Legislature has declared that the opportunity to seek, obtain, and hold housing free of unlawful discrimination is a civil right protected under the United States and California Constitutions.
Under California law, it is unlawful for a landlord, managing agent, or real estate broker, to discriminate against or harass a person because of their race, color, religion, sex (including pregnancy, childbirth, or medical conditions related to them) disability, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, veteran or military status, or genetic information disability. California law also prohibits discrimination based on any of the following:
• A person’s age, medical condition, citizenship, primary language, immigration status, or personal characteristics, such as a person’s physical appearance or other characteristics that may be termed as ‘arbitrary’ discrimination.
• A perception of a person’s race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information, or a perception that a person is associated with another person who may have any of these characteristics.
If a landlord allows married couples to combine their incomes to qualify for a unit, the landlord must also allow unmarried people (i.e., domestic partners, same-sex couples, roommates, etc.) to combine their income to qualify on the same basis as married couples.
Except as may be specifically required by federal law for certain housing programs, a landlord may not inquire as to the immigration or citizenship status of the tenant or prospective tenant or require that a tenant or prospective tenant make any statement concerning his or her immigration or citizenship status. However, a landlord can request information or documents to verify an applicant’s identity and financial qualifications. Whether or not a landlord can inquire about an existing or prospective tenant’s immigration status, it is unlawful for a landlord for purposes of influencing a tenant to vacate his/her rental unit to threaten to disclose information regarding the immigration or citizenship status of a tenant, occupant, or other person associated with the tenant or occupant.58 It also is unlawful for a landlord to harass, intimidate, or retaliate against an existing or prospective tenant by disclosing that person’s immigration or citizenship status to federal, state, or local law enforcement officials, including federal immigration officials.
Limited exceptions for single rooms and roommates
If the owner of an owner-occupied, single-family home rents out a single room in his/her home to a roommate or boarder, and there are no other roommates or boarders paying rent to live in the household, with a limited exception, the owner is not subject to the California Fair Employment and Housing Act of the federal Fair Housing. The exception is that the owner cannot make oral or written statements, or use notices or advertisements which indicate any preference, limitation, or discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information. Further, the owner cannot discriminate on the basis of age, medical condition, citizenship, primary language, immigration status, mental or physical disability, or personal characteristics, such as a person’s physical appearance or other characteristics that may be termed as ‘arbitrary’ discrimination.
A person in a single-family dwelling who advertises for a roommate, or a boarder may express a preference based on sex, if living areas (such as the kitchen, living room, or bathroom) will be shared by the roommate. This provision of the law does not permit a person to advertise for a roommate regarding other preferences such as their religion, whether they are in college, or whether they have children. No law allows advertisement for such preferences.
Several resources are available to help resolve housing discrimination problems:
• Local fair housing organizations (often known as fair housing councils). Look in the business or commercial section of the phone book, use online resources, or dial 4-1- 1 for directory assistance. The National Fair Housing Alliance maintains an interactive map of local organizations that advocate for fair housing at https://nationalfairhousing.org/member-directory/.
Fair Housing Council of Central California Brochure and contact info: FHCCC Housing Discrimination Brochure
• Landlords may look for local California apartment association chapters. Look in the business or commercial section of the phone book. The California Apartment Association maintains a list of local apartment association chapters at www.caanet.org.
• Local government agencies. Look in the governmental section of the phone book under City or County Government Offices, search your city and county website for fair housing information, or call the offices of local elected officials (for example, your city council representative or your county supervisor) or dial 4-1-1 for directory assistance.
• The California Department of Fair Employment and Housing (DFEH) investigates housing discrimination complaints (but not other kinds of landlord-tenant problems). DFEH enforces the Fair Employment and Housing Act which prohibits discrimination based upon the following categories: ancestry, national origin, marital status, citizenship, mental or physical disability, primary language, familial status, race, color, gender identity, gender, religious expression, sex, gender, genetic information, sexual orientation, immigration status, and source of income. If you feel that you have been the subject of housing discrimination, contact DFEH. The DFEH Housing Enforcement Unit can be reached at (800) 884-1684 TTY (800) 700-2320. You can learn about DFEH’s complaint process at https://www.dfeh.ca.gov/complaintprocess/.
• The U.S. Department of Housing and Urban Development (HUD) enforces the federal fair housing law, which prohibits discrimination based on sex, race, color, religion, national origin, familial status, and disability. Additionally, HUD's Equal Access Rule requires equal access to HUD programs without regard to a person's actual or perceived sexual orientation, gender identity, or marital status. To contact HUD, look in the governmental section of the phone book under United States Government Offices, or go to www.hud.gov.
• Legal aid organizations provide free legal advice, representation, and other legal services in noncriminal cases to economically disadvantaged persons. Legal aid organizations are located throughout the state. Look in the business or commercial section of the phone book under Attorneys or go to https://lawhelpca.org. The Legal Aid Association of California also maintains a directory of legal aid organizations at
www.laaconline.org, as does the Department of Real Estate at www.housing.ca.gov.
• Private attorneys. You may consider hiring a private attorney to take legal action against a landlord who has discriminated against you. For the names of attorneys who specialize in housing discrimination cases, contact your county bar association or an attorney referral service.
You must act quickly if you believe that a landlord has unlawfully discriminated against you. The time limits for filing housing discrimination complaints are short. For example, a complaint to the DFEH must be filed within one year from the date of the discriminatory act. Make sure you document the unlawful discrimination when it occurs. First, write down what happened, including dates and the names of those involved.
Then, contact one of the resources listed above or UCM’s Law Clinic for advice and help.
