Key Takeaways
- The Unruh Civil Rights Act (1959) prohibits discrimination by all business establishments in California, including real estate businesses
- Unruh covers any arbitrary discrimination—not limited to specific protected classes listed in the statute
- Violations can result in statutory damages of up to $4,000 per incident, plus actual damages and attorney fees
- Unruh applies to both intentional discrimination and policies with discriminatory effects
- Real estate agents cannot refuse service, steer, or provide different terms based on any arbitrary characteristic
Unruh Civil Rights Act
The Unruh Civil Rights Act (California Civil Code Section 51) is one of California's oldest and broadest anti-discrimination laws. It was enacted in 1959 and applies to all business establishments in the state.
What the Unruh Act Covers
The Unruh Act states:
"All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments."
Key Points
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All business establishments - Includes real estate brokerages, property management companies, landlords, and any business involved in housing
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Not limited to listed classes - Courts have interpreted the Unruh Act to prohibit any arbitrary discrimination, even if the basis is not specifically listed
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No business justification defense - A business cannot justify discrimination based on profit, efficiency, or customer preference
Real Estate Applications
The Unruh Act prohibits real estate professionals from:
| Prohibited Action | Example |
|---|---|
| Refusing service | Declining to show homes to certain clients |
| Steering | Directing clients to or away from areas based on protected characteristics |
| Discriminatory terms | Offering different prices, conditions, or services |
| Harassment | Creating hostile environment based on protected class |
| Retaliation | Punishing someone for filing a complaint |
Damages and Penalties
| Type of Damage | Amount |
|---|---|
| Statutory damages | Up to $4,000 per violation |
| Actual damages | Full compensation for harm suffered |
| Attorney's fees | Prevailing plaintiff can recover fees |
| Treble damages | Up to 3x damages for pattern of conduct |
Important: Each separate incident of discrimination can result in a separate $4,000 statutory damage award.
Exemptions
The Unruh Act has very limited exemptions:
- Private clubs that are truly selective in membership
- Religious organizations acting in accordance with beliefs (limited)
Note: Real estate businesses cannot claim these exemptions for housing discrimination.
Unruh Act vs. Federal Fair Housing Act
| Feature | Federal FHA | Unruh Act |
|---|---|---|
| Scope | Housing transactions | All business establishments |
| Protected classes | 7 enumerated | Any arbitrary basis |
| Exemptions | Mrs. Murphy, private clubs, religious orgs | Very limited |
| Statutory damages | No set amount | Up to $4,000 per incident |
| Enforcement | HUD, federal courts | CRD, state courts |
Examples of Unruh Act Violations
Example 1: Age Discrimination
A property manager refuses to rent to young adults (age 18-25) claiming they are "irresponsible tenants." Even though age is not a federal protected class for housing, this violates the Unruh Act as arbitrary discrimination.
Example 2: Appearance-Based Discrimination
A real estate agent refuses to work with a client because of their tattoos and piercings. This is arbitrary discrimination prohibited by the Unruh Act.
Example 3: Occupation-Based Discrimination
A landlord refuses to rent to lawyers or real estate agents. Unless there is a legitimate business reason (such as conflict of interest), this could violate the Unruh Act.
Filing a Complaint
To file an Unruh Act complaint:
- File with CRD - Within 1 year of the discriminatory act
- File in court - Within 2 years of the discriminatory act (no CRD filing required)
The complainant can pursue both CRD complaint and private lawsuit, but must elect one remedy before trial.
Real Estate Licensee Obligations
Real estate licensees must:
- Treat all clients and customers equally regardless of any personal characteristic
- Not make assumptions about where clients want to live
- Provide the same level of service to all parties
- Report fair housing violations to appropriate authorities
- Refuse to participate in discriminatory instructions from principals
What is the maximum statutory damages per incident under the Unruh Civil Rights Act?
The Unruh Civil Rights Act applies to: