California Fair Housing Act: An Overview

But while the act made significant strides in addressing racial equality, it failed to address discrimination in housing. This exclusion sparked continued activism and advocacy for Fair Housing legislation. And this is what led to the creation of the Fair Housing Act was enacted in 1968. It’s a federal law that prohibits discrimination in the buying, sale, renting, or financing of housing based on 7 protected classes. 

What Classes are Protected by the Fair Housing Act (FHA)? 

The Federal Fair Housing Act protects individuals from experiencing housing discrimination based on 7 classes. These are, race, color, religion, sex, familial status, nationality, and disability. The FHA applies to both public and private housing, including houses, apartments, dormitories, mobile homes, and even homeless shelters. 

California extends additional protection to tenants based on immigration status, gender identity, citizenship status, ancestry, primary language, military and veteran status, income source, and sexual orientation. The following are specific examples of discriminatory practices that would be illegal as per the Fair Housing Act:

• Asking prospective tenants about their race
• Choosing a tenant based on their religion or national origin 
• Using sex to determine who you are going to rent to
• Choosing to rent to a couple with no kids over that with children
• Charing higher rental prices or security deposits based on a tenant’s protected class
• Falsely claiming your unit is unavailable
• Refusing to rent your vacant unit to a qualified prospective tenant
• Refusing to make reasonable accommodations for a disabled tenant

Which Government Agency Oversees the California Fair Housing Laws? 

In California, the government agency tasked with overseeing potentially discriminatory behaviors is the state’s Department for Fair Employment and Housing. They will investigate complaints and file their findings with the federal Department of Housing and Urban Development.

Do Any Exemptions to the Fair Housing Act Exist? 

Yes, there are some exemptions to the Federal Fair Housing Act. They are as follows:

• Owner-occupied Buildings - Buildings with four or fewer units are exempt from the FHA if the owner occupies one of the units. 
• Housing Meant for Older People - Housing communities that fall under federal, state, or local government programs are exempt from certain provisions of the FHA. 
• Housing Operated by Private Clubs or Religious Organizations - If these groups put limits in place based on membership, they can be exempt from the FHA. 

What Does the Act say About Persons with Disabilities? 

Persons with disabilities have certain protections under federal law. These protections exist under both the Fair Housing Act and the Americans with Disabilities Act. Under federal law, disabilities may either be physical or mental. They include the following:

• Mobility, hearing, and visual impairments
• Drug or alcohol addiction
• Mental illness
• Intellectual disabilities 
• Anything that limits someone’s life activities

How Can Landlords Provide Tenants with Fair Housing? 

As a landlord, it’s important to treat your tenants – both prospective and current – fairly and equally. The Fair Housing Laws apply to all the different stages of the rental process. This includes when marketing your property, screening prospective tenants, and even when responding to repairs and maintenance issues. 

Property Marketing 

It’s every landlord’s dream to rent to quality tenants. However, you must be careful not to use discriminatory language in the rental ad. For instance, phrasing like “No kids allowed,” “Perfect for a Single Professional,” or “Ideal for a Young Female.” would all violate the Fair Housing Laws regulations.

Tenant Screening 

You must be careful with the questions you ask prospective tenants in the state of California. The following questions cannot be asked under the FHA:

• Are you married?
• Are you pregnant?
• Are you disabled? 

Repairs & Maintenance 

As a landlord, you are responsible for providing your tenant with a habitable home. Additionally, you must fairly respond to repairs or maintenance. You must not:

Refuse to make repairs or respond to maintenance requests based on the tenant’s protected class. 

Retaliate against the tenant for complaining about your unresponsiveness. 

Bottom Line 

Knowing your legal obligations as a landlord is key to your success. The Fair Housing Act requires that you treat tenants equally. If you have a question or need expert help in managing your rental property, turn to C&C Property Management. 

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.