Legal Protections Against Real Estate Related Discrimination in California
Discrimination in housing and real estate transactions remains a persistent problem in California, despite strong legal protections at both the state and federal levels. California law prohibits discriminatory practices in renting, selling, financing, and managing property. At Guiding Legal Counsel, APC, we assist clients in enforcing their rights under these laws—or defending against allegations of unlawful discrimination—through comprehensive legal representation grounded in statutory law, case precedent, and administrative regulation.
California’s Fair Employment and Housing Act (FEHA)
California’s primary anti-discrimination statute in the housing context is the Fair Employment and Housing Act, codified at Cal. Gov. Code §§ 12900–12996. FEHA prohibits housing discrimination based on numerous protected characteristics, including race, color, religion, sex (including gender identity and sexual orientation), marital status, national origin, ancestry, familial status, disability, and source of income. See Cal. Gov. Code § 12955.
Under FEHA, it is unlawful to refuse to rent, lease, sell, or otherwise make housing unavailable based on a protected classification. The statute also bars discriminatory terms, conditions, or privileges; advertising preferences; harassment; and refusal to accommodate disabilities. A person may file a complaint with the California Civil Rights Department (CRD, formerly DFEH) or file a civil action in court after receiving a right-to-sue notice. Remedies include injunctive relief, actual damages, punitive damages, and attorney’s fees.
In Auburn Woods I Homeowners Assn. v. Fair Employment & Housing Com., 121 Cal. App. 4th 1578 (2004), a condominium association’s failure to reasonably accommodate a tenant’s mental disability by rejecting an emotional support animal was found to violate FEHA. The court affirmed broad remedial authority for administrative and judicial enforcement of housing rights.
The Unruh Civil Rights Act
The Unruh Civil Rights Act, codified at Cal. Civ. Code § 51, extends anti-discrimination protections to “all business establishments,” including housing providers, real estate brokers, and homeowner associations. It prohibits discrimination on the basis of characteristics such as sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation.
Unruh claims may overlap with FEHA, and the California Supreme Court has clarified that Unruh must be interpreted liberally. In Koire v. Metro Car Wash, 40 Cal. 3d 24 (1985), the Court emphasized the statute’s broad reach in prohibiting arbitrary discrimination, even outside the employment or traditional public accommodation contexts.
Although Unruh is not housing-specific, it plays a significant role in California housing discrimination claims when the conduct arises from a “business establishment.” For example, property management companies or landlords engaging in discriminatory leasing practices may be held liable under both FEHA and Unruh.
Federal Fair Housing Act (FHA)
The federal Fair Housing Act, codified at 42 U.S.C. §§ 3601–3619, prohibits discrimination in the sale, rental, and financing of dwellings based on race, color, religion, sex, disability, familial status, and national origin. The FHA is enforced by the U.S. Department of Housing and Urban Development (HUD) and through private litigation.
In Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015), the U.S. Supreme Court confirmed that disparate impact claims are cognizable under the FHA. This means a policy or practice may be unlawful even if there is no intent to discriminate, so long as it disproportionately affects a protected group without a valid justification.
Reasonable Accommodations and Modifications for Disabilities
Both California and federal law require housing providers to make reasonable accommodations in rules, policies, practices, or services, and to permit reasonable modifications to premises when necessary to afford a disabled person equal use and enjoyment of the property.
Under Cal. Gov. Code § 12927(c)(1), “disability” includes both physical and mental impairments that limit a major life activity. Failure to accommodate a disabled tenant or buyer may constitute unlawful discrimination even if the policy was applied uniformly to all.
A leading California case on this issue is Giebeler v. M&B Associates, 343 F.3d 1143 (9th Cir. 2003), where the court held that refusing to allow a co-signer to assist a disabled applicant who could not work due to illness constituted unlawful failure to accommodate under the FHA.
Source of Income Discrimination
Since 2020, California prohibits housing discrimination based on “source of income,” including the use of Section 8 vouchers or other subsidies. See Cal. Gov. Code § 12955(p)(1). This addition to FEHA makes it unlawful to reject a rental applicant solely because they use housing assistance.
In City of Santa Monica v. Baron, 36 Cal. App. 4th 1685 (1995), the court held that source of income protections do not extend to illegitimate or illegal income sources, but legitimate voucher-based assistance is now clearly protected.
Enforcement and Remedies
Victims of real estate discrimination may file complaints with administrative agencies, such as the California Civil Rights Department or HUD, or pursue civil litigation directly. Under Cal. Gov. Code § 12989.1, courts may award compensatory and punitive damages, as well as attorney’s fees and injunctive relief.
For Unruh Act violations, Cal. Civ. Code § 52 permits recovery of actual damages, treble damages (up to $25,000), and attorneys’ fees.
Conclusion
Real estate related discrimination claims are complex, high-stakes, and fact-intensive. Whether you are a prospective tenant denied housing, a homeowner facing HOA harassment, a landlord accused of bias, or a real estate professional needing compliance advice, the legal landscape is intricate and unforgiving. At Guiding Legal Counsel, APC, we offer precise legal guidance, strategic litigation support, and vigorous advocacy under both California and federal law.
If you believe your housing rights have been violated—or if you are the subject of a discrimination complaint—contact our office today for a confidential consultation. We offer clarity and representation in an area where the law is both expansive and rapidly evolving.
The California Unruh Civil Rights Act is a state law that prohibits discrimination based on certain protected characteristics in various contexts, including business establishments, housing, and public accommodations. It is one of California’s key civil rights statutes and serves to protect individuals from discrimination and unequal treatment. Here are some key aspects of the Unruh Act:
- Protected Characteristics: The Unruh Act prohibits discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, disability, medical condition, genetic information, or age (over 40) in business establishments, housing, and public accommodations.
- Business Establishments: The Unruh Act prohibits discrimination in places of public accommodation, such as restaurants, hotels, stores, theaters, hospitals, and other businesses that offer goods, services, or facilities to the public. It prohibits differential treatment or segregation based on protected characteristics.
- Housing: The Unruh Act also prohibits discrimination in housing, including rental housing, sales of housing, financing, and other real estate transactions. It applies to landlords, real estate agents, property managers, and others involved in housing-related activities.
- Public Accommodations: The Unruh Act ensures that individuals have equal access to and are treated equally in public accommodations, including restaurants, theaters, parks, beaches, and other places open to the public.
- Legal Remedies: Individuals who believe they have experienced discrimination in violation of the Unruh Act can pursue legal remedies, including injunctive relief, compensatory damages, punitive damages, and attorney’s fees. They may file a lawsuit in state court to seek redress for the discrimination they have experienced.
- Enforcement: The Unruh Act is enforced by both private individuals and government agencies, such as the California Department of Fair Employment and Housing (DFEH). The DFEH investigates complaints of discrimination and may take administrative action or file lawsuits on behalf of aggrieved individuals.
Overall, the California Unruh Civil Rights Act plays a crucial role in protecting the civil rights of individuals and promoting equal access and treatment in various sectors of society. It serves as a powerful tool to combat discrimination and ensure that all individuals are treated fairly and equitably, regardless of their protected characteristics.