The Department of Fair Employment and Housing is responsible for enforcing fair state housing laws. The following contains essential information about housing discrimination laws in California.
The Department of Fair Employment and Housing (DFEH)
The Department of Fair Employment and Housing (DFEH) is responsible for enforcing the laws that make it illegal to discriminate on the grounds of protected characteristics (see protected classes below). The DFEH housing discrimination laws apply to property management companies, real estate agents, mortgage lenders, builders, landlords, tenant screening companies, and others. The DFEH prohibits discrimination in the areas of advertising, practices such as restrictive covenants, new construction, renting or leasing, sales, mortgage lending, and insurance.
What is Housing Discrimination?
California’s Fair Employment and Housing Act prohibits those who are part of the housing business – real estate agents, landlords, mortgage lenders, and others – from discriminating against members of a protected class.
Furthermore, it is against the law for local governments to make zoning or land-use decisions, or have policies, that discriminate against individuals based on those traits.
Violations of the California Fair Employment and Housing Act include the following:
- Refusing to rent, lease, or sell apartments, houses, condos, and rooms to individuals based on a protected class
- Refusing to negotiate the rental, lease, or sale of housing with members of a protected class
- A representation that a housing accommodation is not available for inspection, sale, or rental when it is in fact available
- Denial of homeowner’s insurance or a home loan to members of a protected class based on their protected characteristics
- Termination or cancellation of a rental agreement or sale to members of the protected class due to discrimination
- Unequal access to housing or housing-related services created by certain discriminatory policies, practices, terms, or conditions
- Offering inferior conditions, facilities, privileges, terms, facilities or services in housing due to one’s protected class
- Requiring sexual favors for housing rights or privileges
- Refusing to make necessary and reasonable modifications in housing rules, policies, practices, or services for disabled tenants
- Retaliation against someone filing a complaint
- Overly restrictive rules limiting the activities of daily life for families with children, including where children are allowed to play
Protected Classes
The following are protected classes under California’s Fair Employment and Housing Act:
- Marital Status
- Familial Status
- Religion
- Age
- Genetic Information
- Source of Income
- Military or Veteran Status
- Source of Income
- Gender Identity or Gender Expression
- Sex and Gender
- Race, color
- Ancestry, national origin
- Citizenship, immigration status
- Primary Language
- Housing designed for seniors
These classes are also protected under the Unruh Civil Rights Act, which applies to most housing accommodations in California.
Housing created to meet the needs of senior citizens in compliance with California laws, may exclude households with minor children. Similar laws are provided for senior citizen mobile home parks under federal fair housing laws.
Available Remedies for Housing Discrimination
California law offers a variety of ways for victims of housing discrimination to seek remedies:
- Attorney’s fees
- Damages for emotional distress
- Civil Penalties or Punitive Damages
- Recovery of out-of-pocket losses
- An injunction prohibiting the unlawful practice
- Access to housing that the landlord denied you
Filing a Complaint Due to Housing Discrimination
If you feel that you were a victim of housing discrimination, the following process is an outline of the necessary to file a complaint.
File an intake form:
- Online by creating an account and using our interactive Cal Civil Rights System, CCRS
- By mail using a printable intake form
- By calling using information on our contact us page
If you decide to use the DFEH investigation process, you will need to gather:
- Name and contact information of witnesses
- Records of the incident including the names of the person(s) or entity(ies) that harmed you.
- Copies of any necessary documents or other evidence related to your complaint
If the case was unrelated to employment, the complaint must be filed within one year of the incident.
A complaint filed in regard to an employment case must be filed within three years from the date that you were harmed. In employment cases, it is necessary for the DFEH to approve a right to sue notice prior to filing a lawsuit in court. If you prefer not to file a complaint with the DFEH, you can obtain an immediate right to sue notice. After obtaining a complaint the DFEH assesses the facts, evidence, and claims of the case and comes to a conclusion on whether or not any civil rights violations occurred. If there is no violation the case is closed. If there is a violation, the DFEH will notify both parties that they intend to file a lawsuit. Prior to a lawsuit being filed, the DFEH does require both parties to go to mediation. If the case is not settled during mediation, the DFEH can proceed with filing a lawsuit in court.
FAQs About California’s Housing Discrimination Laws
What types of housing are protected by the Fair Employment and Housing Act in California?
FEHA protects the sale or rental of most housing accommodations, including homes, condominiums, apartments, mobile home parks, group homes, and shelters.
Does the DFEH maintain investigative records?
DFEH keeps records for 3 years after a case is closed.
Can housing providers have a no-pets rule?
Yes, but exceptions must be made for those who require a pet to assist them with certain disabilities. For example, a veteran who suffers from PTSD and has a service animal as a result of his/her condition should have the right to live with their service dog.
Do I have to be a U.S citizen to file a housing discrimination complaint in California?
No, FEHA applies to all California residents and tenants regardless of citizenship or immigration status.
Contact Us
If you or a loved one would like to know more about California’s housing discrimination laws, get your free consultation with one of our California Housing Discrimination Attorneys today!