This year, we celebrate the 54th anniversary of the Fair Housing Act, the landmark civil rights law signed by President Lyndon B. Johnson on April 11, 1968, that made discrimination in housing transactions unlawful. The Fair Housing Act prohibits discrimination in housing. Race, color, national origin, religion, sex (including gender identity and sexual orientation), disability, and familial status are all protected. The Act is intended to provide for fair housing throughout the country.
In California we have additional protected classes:
- Sexual orientation
- Gender identity and gender expression
- Marital status
- Medical condition
- Ancestry
- Source of income
- Age
- Genetic information
- Arbitrary discrimination
Source of Income during the application process
- Can’t require employment
- Must be Legal and verifiable
- Paid directly to the tenant or tenant’s representative
- Must consider all financial resources – cannot prefer employed applicants
- Vouchers
Properties partially exempt in California
- Senior Housing – They can set age and familial status range, for example 55+ communities.
- Religious – They can choose not to rent to member as long as not for commercial purposes
- Membership organizations – can rent to members only
- Colleges and universities – can rent to students only, have married and/or family units, male or female housing
- Owner occupied looking for a roommate
- In all cases, cannot discriminate by race, color, national origin, or other classifications
This blog series is designed to alert you to key issues affecting Fair Housing. Bottom line. Please – treat ALL people the same. If you experience interaction with someone in a protected class and are unsure what to do, it is OK to say I DON’T KNOW! And please call and attorney or property manager for help
