Laserfiche WebLink
© 2020, California Association of REALTORS®, Inc. <br />1.EQUAL ACCESS TO HOUSING FOR ALL: All housing in California is available to all persons. Discrimination as noted below isprohibited by law. Resources are available for those who have experienced unequal treatment under the law.2.FEDERAL AND STATE LAWS PROHBIT DISCRIMINATION AGAINST IDENTIFIED PROTECTED CLASSES:A.FEDERAL FAIR HOUSING ACT (“FHA”) Title VIII of the Civil Rights Act; 42 U.S.C. §§ 3601-3619; Prohibits discrimination insales, rental or financing of residential housing against protected classes;B.CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT (“FEHA”) California Government Code (“GC”) §§12900-12996,12955;2 California Code of Regulations (“CCR”) §§12005-12271; Prohibits discrimination in sales, rental or financing of housing opportunity against persons in protected classes by providers of housing accommodation and financial assistance services as related to housing;C.CALIFORNIA UNRUH CIVIL RIGHTS ACT (“Unruh”) California Civil Code (“CC”) §51; Prohibits business establishments fromdiscriminating against, and requires full and equal accommodation, advantages, facilities, privileges, and services to persons in protected classes;D.AMERICANS WITH DISABILITIES ACT (“ADA”) 42 U.S.C. §§12181-12189; Title III of the ADA prohibits discrimination based ondisability in public accommodations; andE.OTHER FAIR HOUSING LAWS: Section 504 of Rehabilitation Act of 1973 29 U.S.C. §794; Ralph Civil Rights Act CC §51.7.;California Disabled Persons Act; CC §§54-55.32; any local city or county fair housing ordinances, as applicable.3.POTENTIAL LEGAL REMEDIES FOR UNLAWFUL DISCRIMINATION: Violations of fair housing laws may result in monetarycivil fines, injunctive relief, compensatory and/or punitive damages, and attorney fees and costs.4.PROTECTED CLASSES/CHARACTERISTICS: Whether specified in Federal or State law or both, discrimination against persons if based on that person’s belonging to, association with, or perceived membership to, any of the following classes or categories isprohibited. <br />Race Color Ancestry National Origin Religion <br />Sex Sexual Orientation Gender Gender Identity Gender Expression <br />Marital Status Familial Status (family with a child or children under 18)Source of Income (e.g., Section 8 Voucher)Disability (Mental & Physical)Medical Condition <br />Citizenship Primary Language Immigration Status Military/Veteran Status Age <br />Criminal History (non-relevant convictions) Any arbitrary characteristic <br />5.THE CALIFORNIA DEPARTMENT OF REAL ESTATE REQUIRES TRAINING AND SUPERVISION TO PREVENT HOUSINGDISCRIMINATION BY REAL ESTATE LICENSEES:A.California Business & Professions Code (“B&PC”) §10170.5(a)(4) requires 3 hours of training on fair housing for DRE licenserenewal; Real Estate Regulation §2725(f) requires brokers who oversee salespersons to be familiar with the requirements of federal and state laws relating to the prohibition of discrimination.B.Violation of DRE regulations or real estate laws against housing discrimination by real estate licensee may result in the loss orsuspension of the licensee’s real estate license. B&PC §10177(l)(1); 10 CCR §27806. REALTOR® ORGANIZATIONS PROHIBIT DISCRIMINATION: NAR Code of Ethics Article 10 prohibits discrimination in employment practices or in rendering real estate license services against any person because of race, color, religion, sex handicap, familial status,national origin, sexual orientation, or gender identity by REALTORS®.7.WHO IS REQUIRED TO COMPLY WITH FAIR HOUSING LAWS?Below is a non-exclusive list of providers of housing accommodations or financial assistance services as related to housing who aremost likely to be encountered in a housing transaction and who must comply with fair housing laws. <br />●Sellers ●Landlords ●Sublessors <br />●Real estate licensees ●Real estate brokerage firms ●Property managers <br />●Mobilehome parks ●Homeowners Associations (“HOA”);●Banks and Mortgage lenders <br />●Insurance companies ●Government housing services <br />8.EXAMPLES OF UNLAWFUL OR IMPROPER HOUSING CONDUCT BASED ON A PROTECTED CLASS OR CHARACTERISTIC:A.Refusing to negotiate for a sale, rental or financing or otherwise make a housing opportunity unavailable; failing to present offersdue to a person’s protected status;B. Refusing or failing to show, rent, sell or finance housing; “channeling” or “steering” a prospective buyer or tenant to or away from a particular area due to that person’s protected status or because of the racial, religious or ethnic composition of the neighborhood;C.“Blockbusting” or causing “panic selling” by inducing a listing, sale or rental based on the grounds of loss of value of property,increase in crime, or decline in school quality due to the entry or prospective entry of people in protected categories into the neighborhood; D.Making any statement or advertisement that indicates any preference, limitation, or discrimination;E.Having, promoting or encouraging housing practices that may not be motivated by discriminatory intent but have a discriminatoryeffect, without legally sufficient justification such as: (i)Refusing to rent an upper level unit to an elderly tenant out of concern for the tenant’s ability to navigate stairs,(ii)Refusing to rent a house with a pool to a person with young children out of concern for the children’s safety, or(iii) Asking for or offering buyer personal information, or support letters, especially with photos, as those letters may inadvertently reveal, or be perceived as revealing, protected status information thereby increasing the risk of unconscious bias and potential legal claims against sellers and by prospective buyers whose offers were rejected;F.Inquiring about protected characteristics (such as asking tenant applicants if they are married, or prospective purchasers if theyhave children or are planning to start a family); <br />FHDA 10/20 (PAGE 1 OF 2) <br />FAIR HOUSING & DISCRIMINATION ADVISORY(C.A.R. Form FHDA, 10/20) <br />FAIR HOUSING & DISCRIMINATION ADVISORY (FHDA PAGE 1 OF 2) <br />CALIFORNIA <br />ASSOCIATION <br />OF REALTORS® <br />CreatedbyNelidaGonzalezwithSkySlope®Forms <br />DigiSign Verified - e0e5d1a9-8da6-4ea7-a2b0-2ebe474c2d69DigiSign Verified - 91131ea4-6edf-47b9-a08e-3f2f003f8f0eDocuSign Envelope ID: DD3FD686-BBE6-4A2C-A229-DC0943A57F39