Key Takeaways
- Fair housing laws are a must-know. As a California landlord, following both state and federal fair housing laws ensures you provide equal opportunities to all tenants, regardless of factors like race, gender, disability, or income source.
- Discrimination isn’t always obvious. While some cases are clear-cut, others can be more subtle—like suggesting a certain neighborhood may not be the best fit for a family. Being aware of these nuances helps you stay in compliance.
- Following the law protects your business. Understanding fair housing regulations helps you avoid legal issues and ensures your rental business runs smoothly while maintaining a great reputation.
- Consistency makes everything easier. Applying the same fair practices to all tenants, like using clear screening criteria and providing reasonable accommodations, helps create a positive rental experience for everyone.
One of the many responsibilities landlords have in California is abiding by the state’s antidiscrimination laws. And specifically, the Fair Housing Act in California. The act requires that you treat tenants, both new and existing residents, equally and fairly.
Housing discrimination can be subtle, or it can be quite obvious. An example of a scenario where it can be subtle is suggesting to a tenant that a particular area is “not a good fit” for a family with young children.
For overt scenarios, housing discrimination can include using discriminatory language or exclusionary practices by a landlord. For instance, excluding young professionals because the property is located in a “quiet and respectful neighborhood.”
Regardless, any landlord action that discriminates against certain tenants’ protected characteristics is a no-no. That’s why in this guide by H&M Property Management, we’ll walk you through all the important basics of the CA Fair Housing Laws. This way, you’ll know what it entails, how you can violate it, and how to avoid violations.
What Is the Fair Housing Act?
The Fair Housing Act is a landmark legislation that was passed by President Lyndon B. Johnson in 1968. The act is part of the broader Civil Rights Act. It is designed to shield certain groups of people from discrimination in housing based on certain protected classes.
The #1 goal of the act is to ensure that everyone seeking housing has a fair and equal opportunity. These include prospective tenants, mortgage seekers, home buyers, and insurance seekers.
What Is the Fair Housing Act in California?
All states, including California, are required to comply with all the dictates of the Federal Fair Housing Act. The Federal Fair Housing Act, at its signing, made housing discrimination illegal based on four classes. The classes were race, color, religion, and national origin.
Subsequent amendments were later made to the law that broadened the classes to include sex, familial status, and disability. This now meant that housing providers in all the 50 states had to treat their clients fairly based on 7 protected classes.
But the amendments to the act didn’t stop there. Various states, including California, have over the years extended the federal list of protections to cover more characteristics. In addition to the 7 protected classes at the federal level, California has also outlawed housing discrimination based on someone’s:
- Sexual orientation
- Source of income
- Marital status
- Arbitrary characteristics
- Ancestry
- Age
- Military or veteran status
- Primary language, citizenship, or immigration status
- Gender identity & gender expression
As a landlord, you must ensure that all your rules and policies align with these characteristics. Whether in your repair responses, lease termination procedures, rent increments, or even when screening prospective tenants.
How Can a Landlord Violate the Fair Housing Act in California?
As previously mentioned, FHA violations can be subtle or overt. Regardless of whether that violation is committed intentionally or not, though, ignorance of the law isn’t a legal defense. In California, you can be liable for fines, compensatory damages, and other penalties. As a result, these can hurt not only your bottom line but also your standing.
That’s why understanding your legal responsibilities before renting out your property in California is key. Alternatively, you could also hire a property manager like those at H&M Property Mangement to help you handle your responsibilities. This is especially ideal if you’re an out-of-state investor or just getting started as a landlord.
With that in mind, the following are examples of common fair housing violations in California.
- Refusing to rent out your vacant unit to a qualified applicant because of their race, color, or any other protected class. While you reserve the right to choose whomever to rent to, your choice must not be based on a tenant’s protected class.
- Not treating tenants the same way. You must treat both new and existing tenants the same way, regardless of their protected classes. For example, if you require one tenant to provide their criminal status, you must require the same for all other tenants. Requiring tenants belonging to certain groups to do so and not others can be discriminatory.
- Asking new tenants prohibited questions when screening them. When screening prospective tenants, you must be careful about the questions you ask them. You are not allowed to ask certain questions when speaking to prospective tenants. Such as asking a tenant about whether they go to church or how many children they have.
- Not providing disabled tenants with reasonable accommodations and modifications. As a landlord, you must provide disabled tenants with reasonable accommodations and modifications if and when requested. These are meant to make the unit livable and enjoyable for the tenant.
- Discriminating against a tenant based on their income source. As long as the tenant’s income is legal, regular, and verifiable, you must not use it as a basis to disqualify their application.
- Discriminating against a tenant based on their marital status. It’d be illegal, for instance, to express a preference for married couples in your rental advertising. Or, set curfews or restrictions for overnight guests when renting to a single resident.
How Can a Landlord Avoid Fair Housing Law Violations?
As previously mentioned, fair housing violations can have adverse impacts on your bottom line and reputation. As such, it’d only make sense for you to avoid possible violations as much as you can.
The following are some tips to help you in this regard.
- Understand fair housing laws. Don’t just stop at the state level; find out whether more protections exist at the local level as well.
- Be consistent when screening prospective tenants. Treat every applicant equally and fairly regardless of their race, color, or any other protected class.
- Provide disabled tenants with reasonable accommodations, such as allowing their service animal.
Conclusion
There you have it – important basics of the Fair Housing Act in California that you must familiarize yourself with. These are essential in ensuring you enjoy a smooth landlord-tenant experience. For further help in your legal responsibilities as a landlord, look no further than H&M Property Management. We’ll treat your Hollister rental property like our own; 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.