| State Fair Housing Laws |
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| Written by FairHousing.net |
| Thursday, 16 April 2009 19:23 |
State of California Fair Housing LawsMarital Status, Ancestry, Sexual Orientation, Source of Income, Age and other Arbitrary Reasons. UNRUH CIVIL RIGHTS ACT OF 1959: (Civil Code, Section 51 and 52): Requires equal access to the accommodations, advantages, facilities, privileges or services of all business establishments. Provides for the right to be free from discrimination in public accommodations regardless of sex, race, color, religion, ancestry or national origin. This Act has been interpreted by the courts to prohibit any arbitrary discrimination based in any class distinction, i.e., children, regardless of whether or not that basis is enumerated in the act itself. Complaints can be directed to DFEH and must be filed within one year. As of January 1, 1993, legislation provides that a violation of the American with Disabilities Act (ADA) is also a violation of the Unruh Civil Rights Act. Amended to include all disabilities. FAIR EMPLOYMENT AND HOUSING ACT OF 1963: includes the California Fair Housing Law (Rumford Housing Act). The primary state law which prohibits discrimination in the sale, rental, lease negotiation or financing of housing based on race, color national origin, sex, marital status, national origin and ancestry. Exclusion include owner-occupied houses with no more than one boarder, some non-commercial religious, fraternal, charitable housing and post-secondary educational housing that has restrictions based upon sex and marital status. DFEH has full powers to investigate, conciliate and litigate for the Fair Employment and Housing Commission which conducts hearings and issues orders which are enforceable by Superior Court. Private lawsuits may also be filed. CALIFORNIA FAIR HOUSING ACT OF 1992: Brings the Fair Housing Employment and Housing Act (FEHA) into conformity with the Federal Fair Housing Amendments Act of 1988. It is effective January 1, 1993. Added to current protected groups are "mental and physical disability" and "familial status." It requires that housing providers allow disabled persons to modify their premises and make reasonable accommodations to meet their needs. It increases the time limit for the filing of discrimination complaints from 60 days to one year while providing for unlimited compensatory damages and larger monetary fines. Provides minimum accessibility standards for all newly-constructed multi-family housing. Bars mobile home parks from "adults only" residency unless they comply with criteria for the senior housing exemption as defined under Housing for Older persons. Provides representation of the victim by the Department of Fair Employment and Housing (DFEH) if the issue is removed to a court of law from the administrative process after determination that the law has been violated. RALPH CIVIL RIGHTS ACT OF 1976 (Civil Code, Sections 51.7 and 52): Provides that all persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of their race, color, religion, ancestry, national origin, political affiliation, sexual orientation, sex, age, disability or position in a labor dispute. The Act prohibits violence or threat of same in rental housing situations, including houses, apartments, hotel, boarding housing and condominiums. This section does not apply to statements concerning positions in a labor dispute which are made during otherwise lawful labor picketing. Effective January 1, 1993, Government Code section 12970 will provide victims of hate up to $150,000 in emotional distress damages and civil penalties of up to $25,000. Government Code Section 12948: It is considered an unlawful practice For a person to deny or to aid, incite or conspire in the denial of fights created by Sections 51 or 51.7 of the California Civil Code. California Civil Code Section 51.3: This Section of the code specifies the establishment and preservation of specially designed accessible housing for senior citizens. California Civil Code 54-54.3: Establishes the Right of visually handicapped persons and physically disabled persons to have equal access to public buildings, public facilities and housing accommodations. Guide dogs, signal dogs and service dogs shall have the right to accompany the disabled who will be liable for any damage to facilities or premises. BANE CIVIL RIGHTS ACT (Civil Code Section 52.1): In many ways broader than Ralph Civil Rights Act. Forbids interference by force or threat of force with an individual's constitutional or statutory fights. Though DFEH does not enforce the Bane Civil Rights Act, an understanding of the full scope of protections is essential. Since it prohibits interference with rights guaranteed by California laws, many Ralph Act violations are also violations of the Banes Civil Rights Act. The Act protects all the people of California. "Secured rights" protections includes places of worship, housing, public and private property. California Supreme Court, 1982: Ruled that child discrimination is an illegal form of arbitrary discrimination. Be sure to visit our Summary of the Evolution of Civil Rights and Federal Fair Housing Law
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| Last Updated on Tuesday, 04 August 2009 16:54 |