California Fair Housing Act: An Overview

As a California landlord, you know how incredibly important staying legally compliant with landlord-tenant laws is. The California landlord-tenant law provides clear rules on what you can and cannot do in the relationship.

Among these are the state fair housing laws, which you must uphold to avoid potential legal issues related to housing discrimination.

The California Fair Housing Act dictates various aspects in a landlord-tenant relationship including, resident evictions, rental marketing, resident screening, security deposit laws , and even lease enforcement.

This guide by Heritage Property Management Services goes through everything landlords should know about housing laws including the reason for its enactment, the protections it covers, housing discrimination, exemptions, and everything in between.

What Is the Federal Fair Housing Act, and Why Was It Enacted?

The Federal Fair Housing Act (FHA) is a landmark piece of legislation that became law on April 11th, 1968. It prohibits discrimination in housing based on 7 protected classes. That is: sex, nationality, disability, color, race, familial status, and religion.

‘Sex’, ‘familial status’, and ‘disability’ were added to the list in subsequent amendments, some years later.

Officially known as Title VIII of the Civil Rights Act of 1968, the passage of the FHA was a significant milestone in the civil rights movement. It came as a direct response to the Civil Rights Act of 1964, which was fighting for equality in the country, but failed to address housing discrimination.

It came at a time when discrimination in housing was deeply entrenched. Redlining, for instance, was pretty commonplace for much of the 20th century. It was usual for landlords then to deny a prospective resident a housing opportunity based on characteristics like skin color or religion.

The act was intended to dismantle such discriminatory behaviors. But its passage in Congress wasn’t easy. It faced a difficult path, which was marked with protests and riots across the country.

What is the Fair Housing Act in California?

In California, the fair housing laws are contained in two laws. That is: the Fair Employment and Housing Act (FEHA) , and the Unruh Act. These prohibit discrimination in housing based on age, ancestry, citizenship, gender identity and expression, genetic information, source of income, sexual orientation, primary language, marital status, and immigration status.

These protected classes are in addition to the 7 provided by the Federal Fair Housing Act that apply to every American citizen. That is: race, sex, nationality, color, religion, familial status, and disability.

The housing types covered by the FHA in California include single-family homes, condos, townhouses, and multi-family units. There is one main exemption, though. And that is for an owner-occupied single-family home.

The following are the requirements for exemption.

• The owner of the single-family rental must not rent to more than one individual.
• The owner must comply with the Fair Employment and Housing Act’s prohibition against discriminatory statements and advertisements.

What Behaviors are prohibited by the Fair Housing Act in California?

When renting out a property in California, the following are the prohibited actions you’ll want to avoid.

• Refusing to rent out your home to a qualified rental applicant based on their race, color, religion, nationality, or any other protected class.
• Providing residents with different terms and conditions based on their race, religion, sex, or other protected classes.
• Refusing to accept assistance animals in the unit, as well as not making other reasonable accommodations for disabled residents.
• Advertising the rental unit in a way that shows preference, limitation, or discrimination based on applicable protected classes.
• Threatening a resident with an eviction based on a protected class.
• Enforcing the terms of the lease in a discriminatory manner based on FHA-protected classes.
• Asking prospective residents prohibited screening questions. For instance, asking them whether they are married, gay, or Christian.

What Can Landlords Do to Stay Compliant With the FHA?

Violating california fair housing laws can have serious legal and/or financial repercussions.

Generally, a first-time violation can set you back by $21,410, whereas subsequent violations within a couple of years can reach six figures.

Luckily for you, there are strategies you can employ to avoid potential discriminatory behavior.

The following are some of the things you’ll want to do in this regard.

• Have objective and consistent screening criteria that you apply to all prospective residents without bias or favor.
• Make reasonable accommodations for disabled residents to help them enjoy their rented premises like others. You may also need to honor reasonable requests for modifications, at their expense.
• Keep fair housing laws in mind when advertising the unit. Avoid using any discriminatory phrases in the ad.
• Work with a professional who will help you stay legally compliant with federal, state, and local fair housing laws and landlord-tenant laws in California .

Conclusion

Your journey to becoming a successful landlord in California begins with understanding your legal obligations. Fortunately for you, this guide has provided you with answers to commonly asked questions regarding the FHA.

For expert property management help in Yuba and Sutter Counties, look no further than Heritage Property Management Services . We can provide you with hassle-free, full-service property management solutions.

Disclaimer: This article is not a substitute for legal advice from a licensed California attorney. Laws may change, and this content may not reflect the most current regulations. Contact a legal professional for guidance regarding your specific property management needs.