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Tenant Guide Retaliatory Discrimination
A landlord, managing agent, real estate broker, or salesperson violates California’s Fair Employment and Housing Act by harassing, evicting, or otherwise discriminating against a person in the sale or renting of housing when the “dominant purpose” is to retaliate against a person who has done any of the following:343
- Opposed practices that are unlawful under the Act;
- Informed law enforcement officials of practices that the person believes are unlawful under the Act; or
- Aided or encouraged a person to exercise rights protected by the Act.
- A tenant who can prove that the landlord’s eviction action is based on a discriminatory motive has a defense to the unlawful detainer action. A tenant who is the victim of retaliatory discrimination also has a cause of action for damages under the Fair Employment and Housing Act.344
343 Government Code Section 12955(f), 12955.7.
344 California Practice Guide, Landlord-Tenant, Paragraphs 7:205, 7:391-7:394 (Rutter Group 2009).
This is a blog post for Real Estate Professionals, Investors, Landlord, Property Manager, and Property Management Companies. Tenants Guide To Retaliatory discrimination is brought to you by SimplifyEm Pay Rent Online and Property Management SoftwareYou might also want to read:
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