California Fair Housing Act: An Overview
As a landlord, understanding the rental laws is key to being successful. Among these is knowing what you can and can’t do when it comes to fair housing practices.
The federal Fair Housing Act (FHA) in California requires landlords to treat tenants without discrimination based on 7 protected classes. This applies to almost all aspects of the landlord-tenant relationship. In today’s blog, we’ll go over everything you should know in this regard.
What Is the Fair Housing Act?
The federal Fair Housing Act was passed on April 11, 1968, and signed into law by President Lyndon B. Johnson. Throughout much of the 20th century, housing discrimination was commonplace. It was common for people of color to be denied housing opportunities simply based on the color of their skin.
Since its passage, there has been tremendous progress in combating housing discrimination. While there are still some challenges in housing, access to housing is at an all-time high.
One of the main goals of fair housing laws is to ensure individuals seeking housing have an equal opportunity to live anywhere they want. As such, as a landlord, you must ensure that you provide fair and equal access to housing seekers.
It’s also important to note that fair housing laws don’t just apply to landlords only. Fair housing laws also apply to other housing providers such as home sellers, and mortgage and insurance providers.
Protected Classes Under the Fair Housing Act
A protected class is a characteristic that an individual possesses that makes them protected under anti-discrimination laws. The following are the protected classes under the Fair Housing Act in California:
- Race
- Color
- Religion
- Familial status
- Nationality
- Sex
- Disability
- Primary language
- Sexual orientation
- Income source
- Military and veteran status
- Marital status
- Gender identity/expression
- Immigration status
- Ancestry
- Citizenship status
Potentially Discriminatory Behavior Under the California Fair Housing Act
The following are some behaviors that the state’s Fair Housing Act can qualify as being discriminatory:
- Race/Color: It’d be discriminative to deny a tenant the opportunity to rent your property by giving them false information because of their race or color. It’d also be illegal to treat residents differently due to their race or color in your renting practices.
- National Origin: You cannot deny a tenant the opportunity to rent your home because of their nationality. Treating residents differently because of their nationality is also discrimination.
- Religion: Showing preference or limitation towards a tenant based on their religious beliefs is unlawful. Religious discrimination can include questioning prospective tenants about their religious beliefs or attempting to convert them to a particular faith.
- Sex: It’d be unlawful to deny a renter the opportunity to rent your property solely because of their sex. For example, increasing rent after a tenant gives birth to a child or disfavoring a female applicant based on their employment, credit, or income.
- Familial Status: This specifically denotes the presence of children under 18 years old in a household. It would be illegal to refuse to rent to a family with children. It’d also be unlawful to charge tenants with children a higher security deposit.
- Disability: In 1988, the Fair Housing Act was amended to include ‘disability’ as part of the protected classes. It applies to individuals with mental or physical disabilities. Disability housing discrimination can include things like applying a no-pets policy to people with service animals or steering a disabled tenant away.
The following are other actions and practices that can be regarded as landlord discrimination in California:
- Refusing tenants who have a bona fide offer the opportunity to rent your property due to a protected class.
- Falsely claiming your unit isn’t available to a tenant belonging to a certain class.
- Trying to evict a tenant belonging to a protected class.
- Refusing to provide disabled tenants with reasonable accommodations.
- Maintaining overly strict rules for families with children.
Tips for Landlords in California
The following are some of the things you’ll want to do to stay compliant with the California fair housing laws and avoid discrimination:
Advertise Your Property Properly
When advertising your rental unit, ensure you use neutral language that doesn’t show any preference or limitation towards an individual of a particular group. Avoid using phrases such as “Young Professionals,” “Singles,” or “No Pets.”
The images that you use should also represent inclusivity and diversity. Using images or stereotypes that are perceived as discriminatory could land you in trouble.
Screen Prospective Tenants Thoroughly
Your screening criteria should be fair and objective when looking for things like rental history, income verification, and credit history.
You should also refrain from asking questions that touch on a prospective tenant’s protected class, such as, “Are you married?” “Are you pregnant?” “Are you gay?” “Are you Latino?”
Make Reasonable Accommodations for Disabled Tenants
This may entail modifying the rules and policies to accommodate a tenant with a mental or physical disability. For instance, allowing service animals, waiving a pet fee, and modifying grace periods for rent payments.
Additionally, you may also have to make certain modifications to the unit to make it enjoyable for them. For example, adding ramps, lowering light switches and outlets, or widening doorways to accommodate wheelchairs.
Make Requested Repairs Promptly
As a landlord, you must ensure the property stays habitable by maintaining it regularly. When responding to requested repairs, make sure the responses are consistent regardless of a tenant’s protected group.
Otherwise, responding quickly to certain tenants and not doing the same for others can be potential grounds for trouble.
Conclusion
Now you are familiar with all the basics of the Fair Housing Act in California! As a landlord, your journey to being successful starts with understanding your responsibilities under the state’s landlord-tenant laws.
If you have a question or need overall help in managing your rental property, look no further than ProActive Property Management. We are a reliable and trusted property management company in San Gabriel Valley, CA. Get in touch to learn more!
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.