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Key Takeaways
The Fair Housing Act ensures equal access to housing opportunities across the U.S. and California.
California’s Fair Employment and Housing Act (FEHA) and the Unruh Act expand protections to include additional characteristics such as source of income, sexual orientation, and immigration status.
Landlords must treat all residents and applicants fairly and accommodate reasonable requests, especially from disabled tenants.
To successfully rent out your California property, it’s crucial to understand the state’s housing regulations, including those under Civil Code § 1954. A key part of these regulations is the Fair Housing Act in California, which ensures that all residents are treated fairly and without discrimination.
The state’s anti-discrimination laws, primarily the Fair Employment and Housing Act (FEHA) and the Unruh Act, outline the requirements for fair treatment in housing. Violating these laws can result in serious financial and legal consequences, including fines, monetary damages, and attorney fees.
This comprehensive guide by Beyond Property Management explains the Fair Housing Act in California and how you can stay compliant as a property owner.
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What is the Federal Fair Housing Act?
The Federal Fair Housing Act (FHA) is a landmark piece of legislation passed by Congress on April 10, 1968, and signed into law by President Lyndon B. Johnson the following day.
Also known as Title VIII of the Civil Rights Act of 1968, the FHA originally prohibited housing discrimination based on four protected classes: race, color, religion, and national origin.
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In 1974, the Act was amended to include sex as a protected class, and in 1988, disability and familial status were added. The goal of the FHA is to ensure that every American has equal access to housing opportunities.
The FHA applies not only to landlords but to all housing providers, including:
Property owners.
Real estate agents.
Property management companies.
Banks and lending institutions.
Appraisers
Property developers.
What is the Fair Housing Act in California?
In addition to the federal law, California has enacted its own fair housing protections. These are primarily outlined under the Fair Employment and Housing Act (FEHA) and the Unruh Civil Rights Act.
Together, these laws prohibit discrimination in housing based on the following characteristics:
Race
Color
Sex
Religion
Nationality
Familial status.
Ancestry
Disability
Age
Source of income.
Sexual orientation.
Primary language.
Citizenship
Gender identity and expression.
Genetic information.
Marital status.
Immigration status.
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These extensive protections make California one of the most progressive states in promoting equal housing opportunities. This works in tandem with the California landlord-tenant law.
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What Does the Fair Housing Act in California Prohibit?
The Civil Rights Department (CRD) of California identifies several actions as discriminatory when directed toward a protected group. These actions go all the way from marketing to potential evictions.
Some prohibited actions include:
Rejecting a rental application based on a protected characteristic such as race, color, or disability.
Falsely claiming a unit is unavailable after meeting a prospective resident in person due to their protected status.
Terminating a lease for discriminatory reasons.
Including policies in a lease that limit a resident’s equal access to housing, such as trying to charge a higher security deposit.
Refusing reasonable accommodations for residents with disabilities.
Enforcing stricter rules for families with children, such as restricting where children can play.
Publishing rental ads that express preference or bias toward certain groups.
Steering applicants toward specific neighborhoods based on their background.
Threatening, coercing, or interfering with anyone exercising their fair housing rights.
As a landlord, it’s your responsibility to treat all residents and applicants equally. Your policies, communication, and actions should reflect fairness and consistency at all times.
What Rights Do Disabled Residents Have Under the Fair Housing Act in California?
Under California law, a person is considered disabled if they meet one or more of the following conditions:
They have a physical or mental impairment that limits one or more major life activities, such as hearing, mobility, or vision impairments, as well as intellectual disabilities.
They have a record of such an impairment.
They are regarded as having that impairment.
Landlords have specific obligations toward tenants with disabilities. For example, you must allow residents to make reasonable modifications to their dwelling or common areas to ensure accessibility.
This could include allowing a tenant to keep a service animal or emotional support animal, even if your property has a “no pets” policy. Service animals are not pets as they perform essential tasks for their handlers.
Additionally, you must consider reasonable modifications to your rules, policies, or practices when necessary. For example, you may need to permit the installation of a wheelchair ramp to allow a resident safe and easy access to their home.
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Bottom Line
Understanding California’s Fair Housing laws is essential for any property owner. Compliance not only protects you from legal issues but also fosters trust and long-term tenant satisfaction. Residents who feel respected and valued are more likely to renew their leases and care for your property.
For expert guidance and professional management of your rental property in San Diego, Beyond Property Management is here to help. We specialize in helping property owners maximize their returns while simplifying every aspect of landlording.
Contact Beyond Property Management today to learn how we can help you manage your property with confidence and compliance.
Disclaimer: This article is provided for informational purposes only and should not be considered legal advice. For guidance on your specific situation, consult with a qualified attorney or the appropriate housing authority.