California Fair Housing Act: An Overview
Key Takeaways
- – Fair treatment is the law – As a California landlord, treating tenants fairly and equally isn’t just good practice—it’s legally required under the Fair Housing Act.
- – More protections in California – In addition to federal protections, California extends fair housing laws to cover income source, age, sexual orientation, and more.
- – Common violations can be costly – Discriminatory rental practices, even unintentional ones, can lead to hefty fines and legal trouble, so it’s crucial to stay compliant.
- – A fair approach benefits everyone – Following fair housing laws helps you avoid legal issues, keeps tenants happy, and ultimately leads to better occupancy rates and higher returns.
To succeed as a landlord in California, you need to treat your tenant fairly, equally, and respectfully, regardless of certain protected classes. Such as race, color, sex, sexual orientation, and much more.
This is a key responsibility for landlords under the Fair Housing Act in California. The act applies in all facets of the landlord-tenant relationship. Including, tenant evictions, rent raises, rental marketing, tenant screening, and even repairs and maintenance responses.
In today’s guide, Rent Pros will walk you through many of the important basics of the Fair Housing rules in California. Including what it is, what classes are protected, examples of violations, and what you can do to stay legally compliant.
Let’s get started, shall we?
What Is the Federal Fair Housing Act?
The Federal Fair Housing Act is the parent legislation to the Fair Housing Act in California. The goal of the act was to protect individuals from discrimination on certain select classes, such as race and nationality.
Because, then, discrimination in housing was pretty commonplace. It wasn’t uncommon for landlords and other housing providers to discriminate against their clients because of the color of their skin or their religious beliefs.
Housing discrimination based on such characteristics had a deeply damaging effect. Decades of discriminatory practices, for instance, in terms of blockbusting, redlining, and restrictive covenants, had created a starkly segregated neighborhood.
Such practices denied people of color and other minority groups access to quality housing. And this brought about poverty and limited opportunities. Fortunately, the Civil Rights Movement of the 1960s brought the issue of housing discrimination to the national limelight
One primary goal of the FHA is to guarantee every American citizen the right to fair and equal housing opportunity. The act made it illegal for landlords and other housing providers to use personal preferences in housing matters.
What Is the Fair Housing Act in California?
There are two levels of the Fair Housing Act. That is, the federal and state levels. The Federal Fair Housing Act applies to all fifty US states. It provides protection based on 7 grounds. That is, race, color, religion, sex, familial status, disability, and nationality.
Some states, including California, have also passed legislation to add extra classes in addition to the 7 provided for all Americans.
Now, there are two primary fair housing laws in the state of California. They include the Fair Employment and Housing Act and Unruh Civil Rights Act.
Combined, the two laws extend the list of protections beyond the 7 provided by the Federal Fair Housing Act. In California, protected classes are as follows.
- – Source of income
- – Age
- – Marital status
- – Sexual orientation
- – Arbitrary characteristics
- – Military or veteran status
- – Citizenship, immigration status, or primary language
- – Gender identity and gender expression
- – Ancestry
- – Genetic Information
The agency tasked with investigating housing discrimination complaints is the California Civil Rights Department. For guilty offenders, fines can be up to $65,000 for repeat violations done within 7 years. In addition, as a landlord, you may be ordered to pay the tenant additional fines for things like emotional distress and civil penalties.
What Are Some Examples of Fair Housing Law Violations?
As a landlord in California, one recipe for success is abiding by the Fair Housing Act. You’ll not only ensure legal compliance but also improve your ROI through high occupancy rates. With that said, the following are some of the prohibited actions under the Fair Housing Act in California.
- – Refusing to rent to someone because of their protected class.
- – Treating a tenant differently, such as having different requirements for tenants based on a tenant’s protected class.
- – Asking tenants prohibited questions during the rental application process. For example, how many children does the tenant have, whether they are married, or whether they have a disability.
- – Refusing to provide disabled tenants with reasonable accommodations. Such as not allowing them to have service animals because the pet policy prohibits them. Or not allowing them to install a grab bar in the washroom.
- – Refusing to rent to someone because of their income source. Income sources can include public benefits, employment, alimony, child support, or retirement or disability.
- – Treating a resident differently because of their sexual orientation. The state’s fair housing laws protect people of different sexual orientations.
- – Denying a prospective tenant the opportunity to rent your property because of their marital status.
How Can a Landlord Avoid Fair Housing Law Violations?
Fair housing violations can result in hefty fines and even legal action. Not to mention the damage it can cause to your reputation as a landlord. That’s why landlords need to familiarize themselves with their legal responsibilities before renting out their property.
To stay compliant with the Fair Housing Act in California, keep in mind the following.
- – Understand what landlord-tenant laws apply to you. Fair housing laws can vary not only by state but also by locality. As such, beyond knowing the state protected classes, also make sure to check local fair housing laws as well.
- – Have a proper screening process. It’s every landlord’s dream to rent to a quality tenant. However, this doesn’t mean that you should have a biased screening process based on tenants’ protected classes. Your screening criteria should only examine prospective tenants based on things like creditworthiness, income level, employment status, and rental background. Anything touching on a prospective tenant’s protected class would be a no-no.
- – Provide disabled tenants with reasonable accommodations. These may be necessary for the tenant to enjoy their rented premises. An example of a reasonable accommodation would be to allow the tenant to keep their service animal even with a “no pets” policy.
Conclusion
With these basics at your fingertips, you’ll be on your way to running a successful rental investment. A resident who feels treated fairly are more likely to renew their lease multiple times, maximizing your ROI. The opposite is also true!
Rent Pros is a reliable and professional property management company in Roseville, CA. We can help you maximize your rental income. Get in touch to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
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