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Fair Housing Legislation - Know Your Rights


Federal Fair Housing Laws  
It is illegal to discriminate against any person because of his or her race, religion, sex, familial status, or mental or physical disability.  

US Code, Title 42, Chapter 45, Fair Housing

Federal statues prohibiting housing discrimination were enacted as part of the Fair Housing Act of 1968. Protected categories include race, religion, and national origin. The law applies to both rental and sales of housing. The Fair Housing Amendments Act (FHAA) of 1988 extended protection to familial status and people with mental or physical disabilities. This statute also provided for "reasonable accommodation", allowing dwelling structural modifications for the disabled if requested at their own expense. The 1988 FHAA set housing code standards for new multi-family dwellings to accommodate the physically disabled.

Federal Fair Housing Law:

Fair Housing Law:
www.fairhousinglaw.org/fair_housing_laws/fh_act.html
www4.law.cornell.edu/uscode/42/ch45schI.html

National Fair Housing Advocate:
www.fairhousing.com/index.cfm?method=page.display&pageid=661


California Fair Housing Laws  

The Fair Employment and Housing Act

  • Prohibits discrimination and harassment in all aspects of housing including sales and rentals, evictions, terms and conditions, mortgage loans and insurance, and land use and zoning.
  • Requires housing providers to make reasonable accommodation in rules and practices to permit persons with disabilities to use and enjoy a dwelling and to allow persons with disabilities to make reasonable modifications of the premises.
  • Prohibits retaliation against any person who has filed a complaint with the Department, participated in a Department investigation, or opposed any activity prohibited by the Act.

The Unruh Civil Rights Act
This law provides protection from discrimination by all business establishments in California, including housing and public accommodations, because of: age, ancestry, color, disability, national origin, race, religion, sex, and sexual orientation. Sexual orientation includes persons who are homosexual, bisexual or heterosexual.


California Government Code

Provisions of the Unruh Civil Rights Act and the Fair Employment and Housing Act appear in the California Government Code under the Department of Fair Employment and Housing (Part 2.8. Department Of Fair Employment And Housing):

Chapter 1 General Provisions 12900-12906
Chapter 3 Findings and Declarations of Policy 12920-12922
Chapter 4 Definitions 12925-12928
Chapter 5 Powers and Duties  
Article 1
The Department 12930-12933
Article 2 The Commission 12935
Chapter 6 Discrimination Prohibited  
Article 2 Housing Discrimination 12955-12956
Chapter 7 Enforcement and Hearing Procedures  
Article 2 Housing Discrimination 12980-12989
Chapter 9 Miscellaneous 12993-12996

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Last modified: 4/14/05