2.3 FEHA Housing Provisions
Key Takeaways
FEHA (Government Code 12955) bans discrimination across sales, rentals, financing, insurance, appraisal, advertising, and land-use decisions.
Reasonable accommodations are policy changes the housing provider must allow at no cost to the tenant; reasonable modifications are physical changes the tenant usually funds.
FEHA reaches both disparate treatment (intentional) and disparate impact (neutral policy, discriminatory effect without business necessity).
California's owner-occupied exemption is narrow: only a single-family home with one roomer, and discriminatory advertising is never exempt.
CRD complaints are filed within one year; after a right-to-sue letter the claimant has one year to file in court, and penalties can reach up to $26,262 for a first offense.
Scope of FEHA Housing Coverage
The Fair Employment and Housing Act (FEHA) governs employment and housing; Government Code Sections 12955-12956.2 address housing. FEHA reaches the entire transaction lifecycle, so a violation can occur long before keys change hands.
| Area | Prohibited Conduct |
|---|---|
| Sales | Refusing to sell, different terms, steering |
| Rentals | Refusing to rent, different rules, harassment |
| Financing | Loan denial, different rates, redlining |
| Insurance | Refusing coverage, higher premiums by class |
| Appraisal | Devaluing property by occupant or area demographics |
| Land use | Discriminatory zoning or permit denials |
| Advertising | Stating a preference, limitation, or restriction |
FEHA's protected classes equal the federal seven plus sexual orientation, gender identity/expression, marital status, source of income (including Section 8 vouchers), genetic information, primary language, ancestry, medical condition, immigration/citizenship status, and military/veteran status.
Reasonable Accommodations (Policy Changes)
A reasonable accommodation is a change to rules, policies, practices, or services that lets a person with a disability use and enjoy the dwelling. The provider must grant it at no cost to the tenant unless it imposes an undue hardship.
| Request | Reasonable? |
|---|---|
| Service or assistance animal in a no-pets building | Yes — no pet deposit allowed |
| Reserved accessible parking near the unit | Yes |
| Live-in caregiver in a single-occupancy unit | Yes |
| Waiving a late fee tied to disability-related benefit timing | Usually yes |
| Building an elevator in a two-story walk-up | No — undue burden |
A provider may demand reliable disability-related documentation only when the disability or need is not obvious, and may never charge a fee or pet deposit for an assistance animal.
Reasonable Modifications (Physical Changes)
A reasonable modification is a structural change. Under FEHA the tenant generally pays, and the landlord must permit it.
| Modification | Who Pays? |
|---|---|
| Interior grab bars, ramps, widened doorways | Tenant |
| Common-area modifications | May be landlord or shared |
| Restoration to original condition at move-out | Tenant, if reasonable |
Exam distinction: Accommodation = policy change, landlord absorbs cost. Modification = physical change, tenant funds it. Swapping these two is the most common trap in this section.
Disparate Treatment vs. Disparate Impact
FEHA prohibits both theories of liability:
- Disparate treatment (intentional): treating someone differently because of a protected trait. Example: refusing to rent to a household with children.
- Disparate impact: a facially neutral policy that disproportionately harms a protected class without a business necessity. Example: a "no children under six on upper floors" rule that screens out families.
A defendant can rebut disparate impact only by proving the policy is necessary to achieve a substantial, legitimate, nondiscriminatory interest with no less-restrictive alternative — a demanding standard.
California's Narrow Exemptions
| Exemption | What Is Exempt | What Is Never Exempt |
|---|---|---|
| Owner-occupied | Single-family home with one roomer | Discriminatory advertising |
| Religious organization | Housing limited to its members | Race discrimination |
| Senior housing (55+/62+) | Age restriction only, if verified | Other protected-class bias |
Even an exempt owner may never publish a discriminatory advertisement, and may never discriminate by race regardless of structure.
Harassment in Housing
FEHA bars two harassment theories:
- Quid pro quo — conditioning housing, repairs, or lease renewal on sexual or other favors.
- Hostile environment — severe or pervasive unwelcome conduct based on a protected class.
Landlords, managers, and agents can each be individually liable, and a landlord can be liable for failing to stop tenant-on-tenant harassment it knew about.
Complaint Timeline and Remedies
| Step | Timeline |
|---|---|
| File with CRD | Within 1 year of the act |
| CRD investigation | Typically 3-12 months |
| Right-to-sue letter issued | If CRD does not file the charge |
| File in court | Within 1 year of the right-to-sue letter |
Remedies include actual damages (economic and emotional), injunctive relief, attorney's fees, punitive damages in egregious cases, and civil penalties of up to $26,262 for a first offense that rise for repeat violations.
Assistance Animals — A Heavily Tested Subtopic
Assistance animals split into two categories the exam likes to contrast:
| Type | Trained? | Documentation Allowed? |
|---|---|---|
| Service animal | Yes, task-trained | Only if disability/need not obvious |
| Emotional support animal (ESA) | No training required | Reliable disability-related verification permitted |
For either type the landlord must waive a no-pets rule, may not charge a pet deposit or pet rent, but may still hold the tenant responsible for actual damage the animal causes. A request can be denied only if the specific animal poses a direct threat or would cause substantial physical damage that no reasonable accommodation can mitigate — never on breed or size assumptions alone.
Worked FEHA Scenario
A Sacramento landlord rejects an applicant whose income is a housing voucher plus disability benefits, saying "we don't do vouchers." This single statement implicates source of income discrimination (FEHA class since 2020). If the landlord also refuses to discuss a ground-floor unit for the applicant's mobility needs, that adds a reasonable-accommodation failure. The applicant files with CRD within one year; if CRD issues a right-to-sue letter, the applicant has one more year to sue. Damages could include lost-housing costs, emotional distress, fees, and civil penalties.
Exam anchor: "We don't accept Section 8" is a FEHA source-of-income violation in California, even though it would be lawful under the federal Fair Housing Act. This single distinction appears repeatedly on the California exam.
A tenant who uses a wheelchair asks to install grab bars and a roll-in shower at her own expense. Under FEHA, the landlord must:
Permit the modification, which the tenant generally funds
Pay for the changes as a reasonable accommodation
Deny the request because it alters the unit
Charge an extra disability deposit before approving
An apartment policy bars all children from the upper two floors 'for safety.' No data supports the rule, and it screens out most families. This is best analyzed as:
A lawful safety policy with business necessity
Disparate impact discrimination under FEHA
Permissible because age is not protected
Quid pro quo harassment
A landlord refuses a tenant's emotional-support animal in a no-pets building and demands a $500 pet deposit to reconsider. Under FEHA this is:
Allowed, since the building bans pets
Allowed if the deposit is refundable
A reasonable-accommodation violation; no pet deposit may be charged
Only an Unruh Act issue, not FEHA
Sections you finish are checked off in the contents.