Earlier this month, the California Department of Fair Employment and Housing (DFEH) announced that it settled a housing discrimination action against a property owner brought by a man who claimed he was denied the opportunity to rent a home because he was not legally married to his partner. The allegations included that the potential resident was offered a lease for a home in San Diego, but upon disclosing that he planned to live with his boyfriend, the potential resident was told that both he and his partner had to individually satisfy a $90,000 yearly income standard. Following an inquiry about whether the two men could aggregate their incomes to satisfy the income requirement, they were told that they could only do so if they were married. And as the two individuals were not married, the two potential renters had to find another home to rent together.
After an investigation, the DFEH found probable cause to believe a violation of state law took place. Following a mandatory conciliation process, the property owner and manager agreed to pay $7,500 to resolve the claims. As is common in these types of cases, in addition to paying the money, the owner/manager was required to attend annual fair housing training and to ensure that fair housing brochures are provided to current and future applicants for the next two years.
The lesson here is that California, like some other states, includes additional protected classes in its state anti-discrimination law (in addition to those covered in the federal Fair Housing Act). Other protected classes in California include: sexual orientation; gender identity and gender expression; marital status; medical condition; ancestry; source of income; age (people over the age of 40); genetic information (also known as family medical history); and any arbitrary discrimination (which means a person cannot be discriminated against for any other arbitrary reason).
If you are involved in the professional apartment management business, you must know the state (or even local) laws in your jurisdictions to help ensure you comply with them. If you are uncertain, ask a lawyer like me for guidance on protected classes where your property is located.
Just A Thought.