California Fair Housing Lawyer: Providing Advice and Education on Fair Housing

Federal and state Fair Housing Acts are laws designed to promote fair and equal access to housing. These laws apply to anyone involved in housing-related activities, including landlords, real estate companies, and property managers. They ensure that discrimination based on any protected class is avoided. A California fair housing lawyer from our team can provide guidance to ensure your compliance with these laws.

Discrimination claims can be intricate and may stem from both direct and indirect actions. While some claims involve alleged overt discrimination, such as refusing to rent based on race or religion, others can be more nuanced. For example, allegations may arise if a policy is found to have a disproportionate impact on a protected class, even if no intent to discriminate exists.

Our attorneys are here to assist you with comprehensive advice to help ensure that your practices align with both state and federal requirements.

Seminars

We offer in-depth seminars covering key Fair Housing topics, including:

• A historical perspective of Fair Housing
• Overview of federal and state Fair Housing Acts
• Protected classes
• Tenant screening and selection
• Marketing and advertising best practices
• Resident relations and occupancy standards
• Accommodations for people with disabilities
• Managing requests for reasonable accommodations or modifications
• Service and companion animals
• Domestic violence issues
• Policies and procedures to avoid Fair Housing claims

Legal Advice

We provide expert legal counsel on Fair Housing compliance, including:

• Developing policies and procedures to prevent discrimination claims
• Reviewing lease agreements and marketing materials to ensure compliance
• Responding to requests for reasonable accommodations or modifications
• Defending landlords and property management companies against complaints from the California Civil Rights Department (CRD), U.S. Department of Housing and Urban Development (HUD), or Fair Housing lawsuits

Better Understanding the Protected Classes

When it comes to rental housing, landlords and property providers are prohibited from discriminating in any aspect of the rental process, including the rental of dwellings and the provision of related services or facilities, based on the following protected classes:

Federal Law Protected Classes

Under federal law, discrimination is prohibited on the basis of:

• Race
• Color
• Religion (including religious dress and grooming practices)
• Sex (which, under California law, includes pregnancy, childbirth, breastfeeding, or medical conditions related to pregnancy, childbirth, or breastfeeding)
• National Origin
• Familial Status (e.g., having children under 18)
• Disability (called “Handicap” under federal law; includes both physical and mental disabilities, such as HIV and AIDS)

Additional Protected Classes Under California Law

California law extends protection against discrimination to include the following additional classes:

• Marital Status
• Sexual Orientation
• Gender, Gender Identity, and Gender Expression
• Genetic Information
• Age (40 years and older)
• Ancestry
• Source of Income
• Medical Condition
• Perception of Disability and Association with Individuals with Disabilities
• Arbitrary Discrimination (discrimination not based on the above categories)

These laws aim to ensure fair and equal treatment for all individuals seeking housing. Understanding these protected classes is crucial for compliance with both federal and state fair housing laws.

Handling Requests for Reasonable Accommodations

Under federal and state Fair Housing Acts, landlords are required to make reasonable accommodations to rules, policies, practices, or services when such adjustments are necessary to provide individuals with disabilities equal opportunity to use and enjoy their dwelling.

When a tenant requests a reasonable accommodation, and the disability is not apparent or previously known, the landlord may request relevant, disability-related information. However, the landlord is not permitted to ask for specific details about the nature or severity of the disability. The landlord may only request documentation that confirms the tenant meets the legal definition of disability and demonstrates the need for the accommodation (i.e., how the accommodation will alleviate the effects of the disability and improve the tenant’s quality of life).

A landlord may deny a request for accommodation under the following conditions:

• The accommodation is not reasonable (e.g., it would fundamentally alter the nature of the housing or services).
• Providing the accommodation would impose an undue financial burden or significant difficulty on the landlord.
• There is no direct connection between the disability and the requested accommodation.

It is important for landlords to carefully assess each request to ensure compliance while balancing the needs of the tenant and the practicality of the accommodation.

Handling Requests for Reasonable Modifications

Under federal and state Fair Housing Acts, landlords must allow tenants with disabilities to make reasonable modifications to their dwelling unit or the common areas of a building, at the tenant’s expense, to ensure accessibility. A reasonable modification is a change, alteration or addition to the physical premises of an existing housing accommodation, when such a modification may be necessary to afford the individual with a disability an equal opportunity to use and enjoy a dwelling unit and public and common use areas, or an equal opportunity to obtain, use, or enjoy a housing opportunity.

While the landlord is responsible for maintaining common areas of the property in a safe and accessible condition, the tenant is responsible for maintaining any modifications made to their rental unit. If the tenant moves out, they may be required to restore the unit to its original condition, unless the modification was made with the landlord’s approval to remain in place. In some cases, the tenant may not be required to remove modifications if doing so would be unreasonable or unduly burdensome.

For properties that receive federal funding, the landlord may be required to cover the cost of these modifications.

Companion Animals

A request for a companion animal in an apartment that has a “no pets” policy is one of the most commonly requested accommodations. However, a growing trend has emerged where tenants seek to classify their pets as companion animals to bypass “no pets” policies, pet fees, or pet deposits. We assist our clients in carefully reviewing these requests to ensure compliance with applicable law.

Under both federal and California law, tenants with disabilities may request reasonable accommodations for a companion animal, which includes emotional support animals (ESAs). Unlike service animals, which are trained to perform specific tasks for individuals with disabilities, emotional support animals provide therapeutic benefit to individuals with emotional or psychological conditions. These animals are not considered pets under the law and are not subject to typical pet restrictions.

Because the definition of an emotional support animal (ESA) can be subjective, landlords may sometimes encounter situations where tenants request such animals without a valid need. To ensure compliance with the law, landlords are permitted to request reliable documentation that confirms the tenant’s disability and the disability-related need for the emotional support animal. However, landlords are not entitled to request detailed information about the tenant’s specific medical condition.

There are exceptions and protections available for landlords concerned about potential damage or other issues. For example, landlords can require tenants to agree to return the property in good condition and to address any damage caused by the animal. Additionally, landlords cannot charge pet fees or deposits for emotional support animals, but they may charge for damage beyond normal wear and tear.

Our firm can assist landlords in navigating these requests and provide guidance on how to protect their property while complying with both federal and state laws.

Equal Opportunity Logo, Statement or Slogan

Under HUD guidelines, all advertising for the sale, rental, or financing of residential housing must include an equal opportunity logo, statement, or slogan. The equal opportunity slogan typically reads “Equal Housing Opportunity” or “Equal Opportunity”, depending on available space.

The required equal opportunity statement is as follows:

“We are pledged to the letter and spirit of the U.S. policy for the achievement of equal housing opportunity throughout the nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.”

The equal opportunity logo is available for download on HUD’s website for use in your advertising.

Federal Fair Housing Poster

All multifamily rental properties with four or more units are required to prominently display the Fair Housing poster. This poster outlines the basic requirements of the Fair Housing Act and provides information on where individuals can file a complaint. It should be displayed in a location that is easily visible to all individuals seeking housing accommodations. Typically, the poster is displayed in both the rental and leasing offices.

The poster is available from the U.S. Department of Housing and Urban Development (HUD) and is 11 by 14 inches in size.

Talk To a California Fair Housing Lawyer at Wallace, Richardson, Sontag & Le, LLP Today

Compliance with state, federal, and local fair housing laws is essential, and our team is here to provide guidance and resources you need every step of the way. Contact us today to learn how a California fair housing lawyer can assist you.