Fair Housing Act in California

Key Takeaways

• Review and update your rental policies, screening criteria, and advertising to fully comply with federal, California, and local Fair Housing laws.
• California’s fair housing protections go beyond federal law, covering additional protected classes and limiting most exemptions that might apply in other states.
• Consistent screening, neutral lease enforcement, and reasonable accommodations for disabled residents are essential to avoiding costly discrimination claims.

If you are renting out a property, then you must familiarize yourself with your legal obligations. And one of these is the Fair Housing Act in California, which is part of the broader CA landlord-tenant laws. 

The Fair Housing Act requires that landlords provide housing opportunities equally and fairly, regardless of certain protected classes. The Federal Fair Housing Act, in particular, protects residents against discrimination based on 7 classes. That is, race, color, religion, sex, nationality, disability, and familial status. 

California also adds extra protections under the Fair Employment and Housing Act and the Unruh Act. 

In this guide by Keyrenter Newport Beach, you’ll learn what the Fair Housing Act entails. Including, what it is, the protected classes in California, exemptions, and everything in between.

What is the Federal Fair Housing Act? 

This is the landmark U.S. law that prohibits discrimination in housing based on certain protected classes. 

It not only applies to landlords, but also includes other players in the housing industry. These include real estate professionals, financial institutions and lenders, appraisers, and insurance companies. 

Originally, the Fair Housing Act prohibited discrimination based on only four classes. That is: race, religion, color, and nationality. Some subsequent amendments in 1974 and 1988 brought in three extra classes: sex, familial status, and disability. 

With the two amendments, the list of protected classes grew to 7. That is: race, color, religion, sex, disability, familial status, and nationality. These now apply to all fifty U.S. states. 

Additionally, some states have since passed their own fair housing regulations. In California, these are the Fair Employment and Housing Act (FEHA), and the Unruh Act.

What Are the Fair Housing Laws in California? 

The Fair Housing laws in California are primarily governed by two pieces of legislation. That is: the Fair Employment and Housing Act (FEHA), and the Unruh Act. 

While the FHA provides a baseline of protection, FEHA is much broader. It not only covers more types of people, but also places stricter requirements on landlords and other housing providers.

Under FEHA, it’s illegal for landlords to discriminate against residents based on race, color, nationality, sex, disability, age, familial status, sexual orientation, and more. 

The Unruh Civil Rights Act is a separate California law that also applies to landlords. It prohibits arbitrary discrimination, even if not explicitly listed as a protected class. 

What Type of Housing do California Fair Housing Laws Apply to? 

FEHA covers most types of housing. It generally covers any building or structure intended for occupancy as a residence. This includes apartments, condominiums. single-family homes, public or student housing, nursing homes, and more. 

The FHA provides four key exemptions. These include owner-occupied buildings, single-family homes rented without a broker, religious organizations, and private clubs. 

But while FHA provides such exemptions, these usually don’t apply in California. In California, there is only one major exemption. And the exemption only applies to owner-occupied single-family homes. 

The owner must not rent out the building to more than one individual. The owner must also comply with certain FEHA’s anti-discriminatory acts.

What is Considered Discriminatory Behavior in California? 

When renting out a property in California, you must avoid the following anti-discriminatory behaviors. 

• Refusing to rent out your vacant unit because the resident is of a race, religion, sexual orientation, or nationality you don’t like. 
• Trying to evict a resident based on any of the FEHA’s protected characteristics.
• Asking prospective residents certain prohibited questions. Asking someone where they are from or if they are married may seem innocent but it can be considered discriminatory under the Fair Housing Act. 
• Creating discriminatory rental ads. For example, rental ads that contain phrases such as: Ideal for a Married Christian Couple, or Black Applicants Preferred. 
• Failing to make certain reasonable accommodations to disabled residents. 

Tips for Landlords 

When renting out a property in California, make sure to keep the following tips in mind to avoid potential discriminatory complaints. 

In California, there are three levels of protection: federal, state, and local Fair Housing laws. It is important as a landlord to familiarize yourself and any employees properly with all laws that apply to you and your rental properties. 

It is also important that you screen prospective tenants using consistent criteria and you enforce the terms of the lease consistently and without bias.

As a landlord, you must also provide disabled residents with reasonable accommodations upon request. This may include allowing them to have assistance animals even with a “no pets” policy.

Bottom Line

When it comes to the Fair Housing Act in California, these are the important basics you should keep to avoid potential discriminatory lawsuits. Violations can have harsh legal and/or financial penalties. 

Keyrenter Newport Beach is a top-notch choice for property management services in Newport Beach, CA, and its surrounding areas. With us by your side, you won’t have to worry about a thing, from rental marketing, to resident screening, to repairs and maintenance, and everything in between. Contact us today to learn more! 

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.