Seldin-fair
The Department of Fair Employment and Housing
(DFEH) is California’s civil rights agency.
Mission: The Department of Fair Employment and
Housing’s mission is to protect Californians from employment, housing & public accommodation discrimination and hate violence.
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The DFEH receives, investigates, conciliates, mediates, and prosecutes complaints alleging discrimination in housing throughout the State of
California.
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Federal - HUD/US DOJ.
State - DFEH, California Attorney General.
Local - Fair Housing organizations - nonprofit.
Individual – lawsuits.
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Fair Employment and Housing Act (Gov. Code, §
12900 et seq.).
Disabled Persons Act (Civ. Code, § 54 et seq.).
Unruh Civil Rights Act (Civ. Code, § 51 et seq.).
Ralph Civil Rights Act (Civ. Code, § 51.7).
Three housing offices investigate housing complaints:
◦ Elk Grove
◦ Fremont.
◦ Los Angeles.
Two dispute resolution offices mediate housing disputes:
◦ Fremont.
◦ Los Angeles.
Two legal offices prosecute housing disputes:
◦ Elk Grove.
◦ Los Angeles.
Disability *
Race/Color *
Familial Status *
Sex
Sexual Orientation
Marital Status
National Origin
Ancestry
Religion
Source of income
Medical condition
Age
Gender
Identity/Expression
Genetic Information
.
* These three bases comprised the greater majority of all cases filed.
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Definitions (Gov. Code, § 12926)
◦ “Gender” means sex, and includes a person's gender identity and gender expression.
“Gender expression” means a person's gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth.
◦ “Genetic information” means, with respect to any individual, information about any of the following:
The individual's genetic tests.
The genetic tests of family members of the individual.
The manifestation of a disease or disorder in family members of the individual.
Existing law already defined “sex” as including gender, gender identity, and genderrelated appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. (Legislative Counsel’s Digest, Assembly Bill 887 [Stats.
2011, ch. 719].)
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Fair Housing Clinic and Training: The DFEH received a $475,176
HUD grant to create a fair housing clinic with Rio Hondo College and the National Fair Housing Training Academy, to develop a curriculum, and to develop training videos on fair housing.
DFEH Webinars: twice monthly MCLE/HRCI webinars.
DFEH HoudiniEsq: Cloud-based case management system.
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Judgments
DFEH v. House of Shalom (Housing Rights Center), religious discrimination by eviction because tenants did not “live by Christian Principles,” $60,000 for emotional distress,
$30,300 in lost income, 25,000 in civil penalties, $5,870.75 for out-of-pocket and frustration of mission damages for Housing Rights Center, $1,710 in out-of-pocket expenses to tenant, and affirmative relief..
DFEH v. Steinberg (Cooney & Marriott), familial status discrimination for birth of triplets,
$35,000 in damages, $25,000 civil penalties, $3,040 out-of-pocket expenses,, and affirmative relief.
DFEH v. Kumar (Blair), disability discrimination by denial of companion animal in viewing apartment, $11,837 in total damages plus affirmative relief.
Settlements
DFEH v. Urane (Miranda), familial status discrimination by eviction after third child’s birth, $18,000 plus affirmative relief.
DFEH v. Villalon (Wodtli), disability discrimination by eviction, $12,000 plus affirmative relief.
DFEH v. Nettie Backstrom (Castillo), familial status discrimination by application of restrictive occupancy standard and eviction, $10,000 plus affirmative relief.
DFEH v. Martinez (Anderson), disability discrimination, $10,000.00 in compensatory damages and affirmative relief.
DFEH v. Tan (Project Sentinel), familial status discrimination in advertising, $500 to Project Sentinel and affirmative relief.
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Race - Board amendment to delete illegal CC&R provisions.
Familial status - most common.
◦ Children- watch out for association rules targeting children
◦ Limitations on occupancy. 2 per bedroom plus 1?
◦ Rules or use restrictions addressing behavior of children
◦ What does the law allow respecting children?
◦ Pool safety - unsupervised under age 14.
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It is unlawful to make any inquiry concerning the disability, marital status, or any other protected characteristic of the person seeking to rent, purchase, or lease any housing accommodation; or
To advertise a rental or sale of any housing accommodation which indicates any preference or limitation based upon marital status, race, color, religion, sex, national origin, ancestry, or any other characteristic protected by the FEHA.
It is unlawful for a housing provider to subject a person to sexual harassment or require sexual favors for housing rights or privileges.
Familial status is defined as having one or more individuals under 18 years of age who reside with a parent or with another person with care and legal custody of that individual (including foster parents) or with a designee of that parent or other person with legal custody.
Familial status also includes a pregnant woman or a person who is in the process of adopting or otherwise securing legal custody of any individual under 18 years of age.
Housing Providers cannot
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Refuse to rent or sell to persons because they have minor children (exception - senior housing),
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Make overly restrictive rules regarding child’s play or use of amenities, or
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Segregate families with children or otherwise restrict rental or sales only to certain units or sections of the complex for families with children because of safety or other concerns.
What is considered a disability under California law?
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A mental or physical impairment, disorder, or condition that limits a major life activity .
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Major life activities include, but are not limited to, physical, mental, and social activities and working.
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A record of having, or being perceived as having a mental or physical disability.
Housing Providers:
• At the request of a person with a disability, must allow a reasonable accommodation unless they can demonstrate an undue financial or administrative burden, or a fundamental change in the nature of program;
• May request verification from a medical provider that the person is disabled and has a medical need for the accommodation;
• Are not entitled to specific information about the nature of the disability.
Housing providers must provide reasonable accommodation in rules, policies, practices, or services when necessary.
Making an exception to a "no pet" policy to enable a disabled tenant to have a service or companion animal. (Example:
Changing parking rules to enable a tenant with a disability to have parking that meets his/her needs.
Housing providers must allow property modifications when necessary.
Examples include:
• Widening doorways.
• Lowering cabinets.
• Installing a wheelchair ramp.
Generally, the housing provider is not responsible for the cost of the modification and may require the premises to be restored to the original condition.
Violence, threats of violence or vandalism based on race, religion, sexual orientation or other protected bases.
Typical Remedies Include:
• Reimbursement for actual losses or compensation for emotional distress.
• Access to previously denied housing.
• Training and policy changes.
• Punitive damages.
• Effective January 1, 2013, attorneys’ fees and costs if the
DFEH prevails.
HUD/DOJ Joint Statement.
State Bar Fair Housing & Public Accommodations Subsection.
State Bar Real Property Law Section.
Fair Housing & Public Accommodations Practice Guide, The
Rutter Guide, in progress.
DFEH Web site.
DFEH YouTube Videos.
DFEH LinkedIn.
DFEH Twitter.
DFEH Fair Housing Clinic & training materials.
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