Key Takeaways
- FEHA prohibits discrimination in all aspects of housing: sales, rentals, financing, insurance, and land use decisions
- FEHA requires landlords and sellers to make reasonable accommodations for persons with disabilities
- Reasonable modifications must be permitted at tenant expense; common area modifications may require landlord cost-sharing
- FEHA prohibits harassment in housing and applies to both intentional discrimination and disparate impact
- FEHA has a narrower Mrs. Murphy exemption than federal law—only owner-occupied homes with one roomer are partially exempt
FEHA Housing Provisions
The Fair Employment and Housing Act (FEHA) is California's comprehensive civil rights law covering employment and housing. Government Code Sections 12955-12956 address housing discrimination.
FEHA Coverage
FEHA prohibits discrimination in all aspects of housing:
| Area | Examples of Prohibited Conduct |
|---|---|
| Sales | Refusing to sell, different terms, steering |
| Rentals | Refusing to rent, different rules, harassment |
| Financing | Denying loans, different rates, redlining |
| Insurance | Refusing coverage, higher premiums |
| Land Use | Discriminatory zoning, permit denials |
| Advertising | Discriminatory statements, preferences |
FEHA Protected Classes
FEHA protects the same classes as federal law, plus:
- Sexual orientation
- Gender identity and expression
- Marital status
- Source of income (including Section 8)
- Genetic information
- Primary language
- Immigration status
- Military/veteran status
- Citizenship status
Reasonable Accommodations
FEHA requires housing providers to make reasonable accommodations in rules, policies, and services for persons with disabilities.
What is a Reasonable Accommodation?
A change to rules or policies that allows a disabled person to use and enjoy housing. Examples:
| Request | Reasonable? |
|---|---|
| Allowing service animal in no-pets building | Yes |
| Reserving parking spot for wheelchair user | Yes |
| Allowing live-in caregiver in single-occupancy unit | Yes |
| Waiving late fees due to disability-related income | Usually yes |
| Building elevator in 2-story building | Usually no (undue burden) |
Undue Hardship
A housing provider can deny an accommodation if it would cause undue hardship:
- Significant difficulty or expense
- Fundamental alteration of the housing operation
- Direct threat to health or safety
Reasonable Modifications
FEHA also requires landlords to permit reasonable modifications to the physical premises.
| Modification | Who Pays? |
|---|---|
| Interior modifications (grab bars, ramps) | Tenant |
| Common area modifications | May be shared or landlord |
| Restoration at lease end | May be required of tenant |
Key Difference: Accommodations are policy changes (free). Modifications are physical changes (tenant usually pays).
Disparate Impact Under FEHA
FEHA prohibits both intentional discrimination and disparate impact discrimination.
Intentional (Disparate Treatment)
Treating someone differently because of a protected characteristic.
Example: Refusing to rent to a family with children.
Disparate Impact
A neutral policy that disproportionately affects a protected class without business justification.
Example: A "no children under 6" policy might have disparate impact on families.
FEHA Exemptions (Limited)
FEHA has fewer exemptions than federal law:
| Exemption | What's Exempt | What's NOT Exempt |
|---|---|---|
| Owner-occupied | Single-family home with one roomer | Discriminatory advertising |
| Religious organizations | Housing limited to members | Race discrimination |
| Private clubs | Non-commercial housing | Any public advertising |
Important: Even exempt housing cannot make discriminatory statements or advertisements under California law.
Harassment in Housing
FEHA prohibits harassment in housing based on protected characteristics:
- Quid pro quo - Conditioning housing on sexual or other favors
- Hostile environment - Severe or pervasive unwelcome conduct
Landlords, managers, and agents can all be liable for harassment.
Filing FEHA Housing Complaints
| Step | Timeline |
|---|---|
| File with CRD | Within 1 year of violation |
| CRD investigation | Usually 3-12 months |
| Right to sue letter | If CRD doesn't file charges |
| File in court | Within 1 year of right to sue letter |
Remedies Available
- Actual damages (economic and emotional)
- Injunctive relief (stop the discrimination)
- Civil penalties (up to $16,000 first offense)
- Attorney's fees
- Punitive damages in egregious cases
Under FEHA, who typically pays for reasonable modifications to a rental unit?
What type of discrimination occurs when a neutral policy disproportionately affects a protected class?