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Residential Rental Property Unlawful Discrimination
A landlord, property manager or property management company cannot refuse to rent to a tenant, or engage in any other type of discrimination, on the basis of group characteristics specified by law that are not closely related to the landlord’s business needs. Race and religion are examples of group characteristics specified by law. (35)
Arbitrary discrimination on the basis of any personal characteristic such as those listed under this heading also is prohibited. (36) Indeed, the California legislature has declared that the opportunity to seek, obtain and hold housing without unlawful discrimination is a civil right. (37)
Under California law, it is unlawful for a landlord, managing agent, real estate broker, or salesperson to discriminate against a person or harass a person because of the person’s race, color, religion, sex (including pregnancy, childbirth or medical conditions related to them, as well as gender and perception of gender), sexual orientation, marital status, national origin, ancestry, familial status, source of income, or disability. (39)
California law also prohibits discrimination based on any of the following:
• A person’s medical condition or mental or physical disability; or
• personal characteristics, such as a person’s physical appearance or sexual orientation that are not related to the responsibilities of a tenant; (40) or
• A perception of a person’s race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability or medical condition, or a perception that a person is associated with another person who may have any of these characteristics. (41)
Under California law, a landlord cannot use a financial or income standard for persons who want to live together and combine their incomes that is different from the landlord’s standard for married persons who combine their incomes. in the case of a government rent subsidy, a landlord who is assessing a potential tenant’s eligibility for a rental unit must use a financial or income standard that is based on the portion of rent that the tenant would pay. (42) A landlord cannot apply rules, regulations or policies to unmarried couples who are registered domestic partners that do not apply to married couples. (43) Nor can a landlord inquire as to the immigration 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. (44) It appears that discrimination on immigration or citizenship status results in illegal discrimination if it is arbitrary not related to the responsibilities of a tenant, or is, in effect, on the basis of race or national origin. (45)
It is illegal for landlords to discriminate against families with children under 18. However, housing for senior citizens may exclude families with children. “housing for senior citizens” includes housing that is occupied only by persons who are at least age 62, or housing that is operated for occupancy by persons who are at least age 55 and that meets other occupancy, policy and reporting requirements stated in the law. (46)
35 For example, the landlord may properly require that a prospective tenant have an acceptable credit history and be able to pay the rent and security deposit, and have verifiable credit references and a good history of paying rent on time. (See Portman and Brown, California Tenants’ Rights, pages 104, 106 (NOLO Press 2007).)
36 California Practice Guide, Landlord-Tenant, Paragraph 2:553.15 (Rutter Group 2009), citing Harris v. Capital Growth Investors XIV (1991) 52 Cal.3d 1142 [278 Cal.Rptr. 614].
37 Government Code Section 12921(b).
39 Government Code Sections 12926(p), 12927(e), 12955(a),(d). See Fair Employment and Housing Act, Government Code Section 12900 and following; federal Fair Housing Act, 42 United States Code Section 3601 and following.
40 Civil Code Sections 51, 51.2, 53; Harris v. Capital Growth Investors XIV (1991) 52 Cal.3d 1142 [278 Cal.Rptr. 614].
41 Government Code Section 12955(m), Civil Code Section 51.
42 Government Code Sections 12955(n),(o).
43 Harris v. Capital Growth Investors XIV (1991) 52 Cal.3d 1142 [278 Cal.Rptr. 614].
44 Civil Code Section 1940.3; California Practice Guide, Landlord-Tenant, Paragraph 2:569.1 (Rutter Group 2009).
45 California Practice Guide, Landlord-Tenant, Paragraph 2.553 citing Koebke v. Bernardo Heights Country Club (2005) 36 Cal.4th 824 [31 Cal.Rptr.3d 565]. See Civil Code Section 1940.3.
46 42 United States Code Section 3607(b), Civil Code Section 51.3(b)(1). “Housing for senior citizens” also includes: Housing that is pro vided under any state or federal program that the Secretary of Housing and Urban Development has determined is specifically designed and operated to assist elderly persons (42 United States Code Section 3607(b)); or a housing development that is developed, substan tially rehabilitated or substantially renovated for senior citizens and that has the minimum number of dwelling units required by law for the type of area where the housing is located (for example, 150 dwelling units built after January, 1996 in large metropolitan areas) (Civil Code Sections 51.2, 51.3. Government Code Section 12955.9. See Marina Point Ltd. v. Wolfson (1982) 30 Cal.3d 721 [180 Cal. Rptr.
496]). While the law prohibits unlawful age discrimination, housing for homeless youth is both permitted and encouraged. (Government Code Section 11139.3.)
This is a blog post for Real Estate Professionals, Investors, Landlord, Property Manager, and Property Management Companies. Guide to Rental Property Discrimination Law for Property Managers and Landlords is brought to you by SimplifyEm Pay Rent Online and Property Management SoftwareYou might also want to read:
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