California Fair Housing Act: An Overview

Halcyon Real Estate Services fair housing laws

To be a successful California landlord, you must be aware of and comply with dozens of federal fair housing laws, state fair housing laws, and the local fair housing law. In particular, these housing rules govern discrimination in the housing market.

The following is everything you need to know about the California Housing Laws.

What is Fair Housing?

Fair Housing means that all people have a right to choose where to live without being discriminated against. These state fair housing laws, governed by housing and urban development, aim to embrace diversity, prohibit discrimination, and seek to build solid communities that are inclusive and welcoming.

This doesn’t mean giving certain groups of people special housing rights. Rather, fair housing act means ensuring every person has equal opportunity in housing-related matters.

The Federal Fair Housing Act was passed by Congress in 1968 and then signed into law by then President Lyndon Johnson. The Fair Housing Law applies to almost all housing providers including landlords, property owners, property managers, mortgage lenders, appraisers, savings institutions, and credit unions.

What is Discrimination in Housing?

Housing discrimination is the prejudicial or unfair treatment of California residents or groups based on their characteristics by a house provider, or real estate brokers. Under the Federal Fair Housing Act, protected characteristics include race, color, sex, religion, disability, national origin, and familial status.

Refusing to rent to a potential tenant because of these factors is considered illegal housing discrimination. 

Some states also have additional protected characteristics. California’s protected characteristics include age, citizenship status, marital status, genetic information, domestic violence status, political affiliation, medical conditions, gender identity, and sexual orientation.

California Fair Housing Laws

How can California Landlords Avoid Housing Discrimination?

Before placing a “For Rent” sign in front of your rental property, you must familiarize yourself with the fair employment and housing act. That’s because there are certain things that you can’t say when selecting renters according to the federal law on fair employment and housing.

You want to avoid advertising that could discriminate against any person for familial status, relationship status, disability, religion, sex, and racial background among others. 

Statements that you’ll want to avoid when advertising your unit include:

  • “Perfect for Singles”
  • “Ideal for a Married Couple”
  • “Suitable for a Young Professional”
  • “Perfect for a Christian Family”

Innocent as these statements may seem, they have one thing in common, they are discriminatory and against the California Fair Housing Law. Your rental ad should be free from any statements that touch on a tenant’s protected characteristics. For example, “Ideal for a Married Couple” is a discriminatory statement directed at a tenant who might be single and is not a legal statement.

In addition, you should be aware of the wording used in regard to the screening questions you use on prospective tenants without reasonable modifications. Do not ask any person questions like:

  • “Are you White or Hispanic?” This discriminates against tenants based on race as a protected class. 
  • “Where were your parents originally born?” This is a discriminatory statement based on a person’s national origin.
  • “Is that a service dog?” This discriminates against renters who have a physical or mental disability. Even if your rental unit has a “no pets” policy, refusing to rent to someone with a service dog is unlawful.
  • “Are you gay?” Members of the LGBTQIA+ community are protected against any form of housing-related discrimination. Specifically, they are protected against inequality based on their sexuality.
  • “Do you have an emotional or mental illness?” The mental well-being or disability of your lessees should not impact their ability to receive housing accommodations.

tenant screening questions in California

In addition, you cannot:

  • Set different terms or conditions for someone without reasonable accommodation
  • Out rightly deny accomodation to interested renters
  • Lie about the availability of housing or prohibit discrimination

Of course, as a California landlord, renting to the best possible person for your rental is in your best interest. Among other things, great occupants rent longer, take care of their rented premises, and pay rent on time.

However, when screening tenants, it’s important to be mindful of the questions you ask them. Avoid the aforementioned statements and questions. The following are the questions you’ll want to ask your California tenants:

  • Have you ever broken a rental agreement?
  • Have you ever been evicted?
  • Do you have a criminal history? If so, can you tell me more?
  • Are you a smoker?
  • How many occupants will you be living with you?
  • How long have you lived in your current home?
  • Do you have pets? Landlords have a right to accept or reject pets.
  • What date would you want to move in?

The bottom line is, as a California landlord, you have a right to reject applicants who don’t meet certain criteria. That being said, you must always comply with all federal, state, and local Housing Laws when advertising your properties and selecting renters in your city or you could potentially face a federal court. 

Fair Housing Laws in California

What are the Penalties for Housing Discrimination?

There are repercussions for discriminating against renters. If found guilty of alleged discrimination within housing operated by you, a court order you to rent your property to the tenant who brought the discrimination charge or to pay for damages to the applicant.

In severe cases, you may also have to pay for punitive damages, as well as the applicant’s attorney fees. This can amount to thousands of dollars within reasonable accommodations.

Summary

As a California landlord, you must always comply with California law including the Housing Laws, landlord-tenant laws, and leasing and eviction laws. These rules can change therefore you must stay informed.

If you want help staying up-to-date on rental requirements or need assistance managing your rental property, contact a trusted property management company like Halcyon Real Estate Services.

Disclaimer: This information isn’t meant to be a substitute for professional legal advice. Laws change, and this blog might not be updated at the time you read it. For expert help, kindly consider hiring a qualified attorney or an experienced property management company.