Fair Housing Act
If you want to be a successful housing provider in California, you have to understand and comply with the state’s rental laws, which regulate issues such as rent increases, security deposits, evictions, and fair housing.
Here we’ll cover federal and California state fair housing laws. We will discuss what a protected class is, the prohibited practices, and the consequences of violating the law. Keep reading to know your rights and responsibilities so you can protect yourself and learn the importance of treating your California residents fairly.
What Is the Fair Housing Act and Why Is It Important?
The Federal Fair Housing Act is a federal law that protects individuals from housing discrimination based on the protected classes of race, color, religion, sex, familial status, or any physical or mental disability. This law applies to both rental housing and home-ownership. In California, there are additional protected classes.
Everyone has fair housing rights, and deserves the right to live in a safe and secure place, free from housing discrimination. Under California state fair housing laws, there are certain protected characteristics such as race, color, religion, sex, disability, age, marital status, and family status. California fair housing laws allow everyone to have the same opportunity to find safe and secure housing regardless of their background or identity.
Why Should You Care?
As a rental housing provider, you should care about California fair housing laws because the success of your business depends on it. You might have to pay a fine if you violate California fair housing law. Additionally, you may lose your license. Here are three things that the Federal Fair Housing Act is focused on:
No Discrimination
The Federal Fair Housing Act makes it illegal for housing providers and homeowners to discriminate against any persons who are looking for housing. This means that landlords and homeowners cannot refuse to rent or sell a house based on a person’s race, color, national origin, religion, sex, familial status, sexual orientation, or disability.
Equal Treatment
In addition, fair housing laws also make it illegal for any housing provider from charging higher rents based on any protected class.
Fair Advertising
It is also prohibited by federal law for landlords to advertise their property in a way that counts as housing discrimination against certain persons. This means that a housing provider cannot advertise a property in a way that only attracts certain groups, such as “no children allowed.”
Who Oversees Fair Housing in California?
The Department of Fair Employment and Housing is responsible for enforcing fair housing in
California. The department has the authority to investigate complaints of housing discrimination and can impose fines or other penalties on landlords or homeowners who violate the anti-discrimination law.
What Discrimination Does Fair Housing Prohibit?
Illegal housing discrimination is defined as any action taken by a rental housing provider, real estate agent, or other person trying to unfairly prevent or limit access to housing.
Discrimination can take many forms, from subtle forms of exclusion to outright bigotry. For example, steering potential renters away from certain neighborhoods due to their race. This type of discrimination is illegal under the Fair Housing Act, and violates the renter’s fair housing rights.
In California, there are 15 protected classes:
- Race
- Ancestry or national origin
- Citizenship or immigration status
- Primary language
- Age
- Religion
- Disability, mental or physical
- Sex
- Sexual orientation
- Gender identity, gender expression
- Genetic information
- Marital status
- Familial status
- Source of income
- Military or veteran status
There are some exemptions to these laws in California. For example, properties built specifically for senior housing are allowed to deny renters under a certain age. However, if you own a standard single-family property or an apartment building with multiple housing units, these exemptions will not be relevant and any discrimination based on protected classes remains illegal.
Best Practices to Ensure Fair Housing
There are a number of things you can do to ensure you are following California fair housing laws and don’t receive a complaint from any renters.
- Know the Laws
As a landlord in California, it is important to familiarize yourself with federal fair housing laws and understand the rules and regulations it sets out for landlords. This includes understanding the protected classes and the rules associated with them. - Advertise Fairly
State law in California dictates that landlords should ensure all advertisements for apartments or homes are free from any discriminatory language or images. This includes all online postings and printed materials. - Treat All Prospective Renters Equally
California landlords should ensure that all prospective tenants are treated equally and fairly according to federal law, regardless of their race, color, religion, sex, national origin, familial status, or disability. - Maintain Equal Access
Landlords should provide equal opportunity and appropriate resources to all tenants, including those with disabilities. This includes providing reasonable accommodations for tenants with disabilities, such as accessible parking or housing accommodations to your property for those with mobility issues. You are also not allowed to charge a pet deposit for a service animal that a disabled person renting from you may require. - Follow Fair Screening Practices
Use the same criteria to screen all tenants and do not commit discrimination against any tenants based on their race, color, religion, sex, national origin, familial status, or disability. - Comply with State and Local Laws
Be aware of any state and local fair housing laws that may impose additional requirements or provide additional protections for tenants. - Keep Records
You should keep records of all tenant applications and communications to ensure they are complying with California fair housing laws.
Stay Informed
The Fair Housing Act from the Department of Fair Employment and Housing is an essential component of California’s rental housing landscape. It is important for you to understand your rights and responsibilities under the law.
Housing Providers in California must take steps to ensure their rental policies comply with the Fair Housing Act. It is also essential that you become familiar with rental laws in your local area, and be ready to provide reasonable accommodations to potential tenants who may need them. Knowing your local laws can help you protect yourself from potential complaint issues regarding discrimination.
