Key Takeaways
- California has three main fair housing laws: Federal Fair Housing Act, California Fair Employment and Housing Act (FEHA), and the Unruh Civil Rights Act
- FEHA and Unruh Act provide broader protections than federal law, adding source of income, immigration status, and other protected classes
- The California Civil Rights Department (formerly DFEH) enforces state fair housing laws
- California has fewer exemptions than federal law—owner-occupied single-family homes with one roomer may be exempt from some provisions
- Starting January 2024, all new licensees must complete implicit bias training as part of Real Estate Practice course
California Fair Housing Laws Overview
California has some of the strongest fair housing protections in the nation. Real estate licensees must understand both federal and state fair housing laws to avoid discrimination and protect clients.
Three Levels of Fair Housing Protection
1. Federal Fair Housing Act (1968)
The federal Fair Housing Act prohibits discrimination based on seven protected classes:
| Protected Class | Example |
|---|---|
| Race | Refusing to show homes in certain areas based on race |
| Color | Treating lighter or darker-skinned individuals differently |
| Religion | Refusing to rent to someone based on religious practices |
| National Origin | Discriminating based on country of birth or ancestry |
| Sex | Treating men and women differently in housing transactions |
| Familial Status | Refusing families with children (under 18) |
| Disability | Failing to make reasonable accommodations |
2. California Fair Employment and Housing Act (FEHA)
FEHA adds additional protected classes beyond federal law:
| Additional FEHA Classes | Description |
|---|---|
| Sexual Orientation | Attraction to same or different genders |
| Gender Identity/Expression | Transgender status, gender presentation |
| Marital Status | Single, married, divorced, widowed |
| Source of Income | Section 8 vouchers, government assistance |
| Genetic Information | DNA testing, family medical history |
| Primary Language | Native language spoken |
| Immigration Status | Citizenship, visa status |
| Military/Veteran Status | Service members, veterans |
3. Unruh Civil Rights Act (1959)
The Unruh Act applies to all business establishments in California, including real estate brokerages. It prohibits discrimination on virtually any arbitrary basis, not just enumerated classes.
Key Point: The Unruh Act is broader than FEHA because it prohibits any arbitrary discrimination, even if the basis isn't specifically listed in the law.
California Civil Rights Department
The California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH), enforces state fair housing laws. CRD can:
- Investigate complaints of housing discrimination
- File lawsuits on behalf of complainants
- Seek damages and injunctive relief
- Impose civil penalties
Complaints must be filed within one year of the discriminatory act with CRD, or two years in state court.
Which California law prohibits discrimination based on source of income, such as Section 8 vouchers?
Which agency enforces California fair housing laws?