Fair Housing Protected Classes in California are legally protected categories of people that are protected from discrimination in housing. The Fair Housing Act of 1968 is a federal law that prohibits discrimination in the sale, rental, and financing of dwellings based on certain protected classes. California has adopted its own fair housing laws which expand the federal protections to include additional classes. The California Fair Housing and Employment Act (FEHA) expands the federal protections to include marital status, sexual orientation, gender identity, and other classes.
The Fair Housing Protected Classes in California cover discrimination in the sale, rental, and financing of dwellings, as well as in the provision of services related to the sale, rental, and financing of dwellings. The protected classes are: race, color, national origin, religion, sex, familial status, disability, ancestry, marital status, sexual orientation, gender identity, source of income, and any other class protected by California or federal law.
What are the State of California’s Fair Housing Laws?
The California Fair Employment and Housing Act (FEHA) is the state’s primary law governing fair housing and employment. It makes it unlawful to discriminate against any person because of race, color, national origin, ancestry, religious creed, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The law applies to all housing, including apartments, single-family homes, mobile homes, and condominiums.
The California Fair Housing and Employment Act also prohibits discrimination in employment, including the refusal to hire or promotion, or the termination of an employee based on the employee’s protected class. The act also prohibits harassment and retaliation against any person who has complained about discrimination or who has sought to exercise their fair housing rights.
How Are Fair Housing Protected Classes Enforced in California?
The enforcement of fair housing protected classes in California is overseen by the California Department of Fair Employment and Housing (DFEH). The DFEH is responsible for investigating complaints of discrimination and enforcing the state’s fair housing laws. The DFEH may investigate any complaint of discrimination on the basis of a protected class, including complaints of discrimination in the sale, rental, or financing of dwellings.
The DFEH also works to prevent discrimination through education and outreach. The DFEH provides training and resources to employers, landlords, and tenants to ensure that they understand their rights and responsibilities under the law. The DFEH also provides mediation services to resolve disputes between landlords and tenants.
What Are the Remedies for Fair Housing Violations in California?
The remedies for fair housing violations in California vary depending on the nature of the violation. In some cases, the DFEH may investigate the complaint and determine that there is reasonable cause to believe that a fair housing law has been violated. If the DFEH finds reasonable cause, the DFEH may issue an order of relief requiring the person or business to take certain steps to remedy the violation. This may include paying money damages, reinstating a tenant, or changing a policy or practice.
In other cases, the DFEH may investigate and determine that there is no reasonable cause to believe that a fair housing law has been violated. In these cases, the DFEH may issue a Notice of Non-Compliance, which requires the person or business to take certain steps to ensure that they are in compliance with the law. The DFEH may also refer the matter to the California Attorney General’s Office for possible legal action.
What is the Role of the California Attorney General?
The California Attorney General has the authority to enforce fair housing laws in the state. The Attorney General may investigate complaints of discrimination and take legal action against any person or business that has violated the state’s fair housing laws. The Attorney General may seek damages for the victims of discrimination, including damages for lost wages, medical bills, and emotional distress.
In addition to enforcing the state’s fair housing laws, the Attorney General’s office also provides information and resources to landlords, tenants, and employers about the state’s fair housing laws. The Attorney General’s office also works to educate the public about their rights and responsibilities under the law.
How Can I File a Complaint About Fair Housing Discrimination in California?
If you believe that you have been the victim of discrimination in the sale, rental, or financing of a dwelling in California, you can file a complaint with the California Department of Fair Employment and Housing (DFEH). You can file a complaint online, by mail, or in person. The DFEH will investigate your complaint and may take enforcement action if they determine that there is reasonable cause to believe that a fair housing law has been violated.
You can also file a complaint with the U.S. Department of Housing and Urban Development (HUD). HUD may investigate your complaint and take enforcement action if they determine that there is reasonable cause to believe that a fair housing law has been violated. Complaints can be filed online, by mail, or in person.
What Happens if a Complaint is Found to be Valid?
If a complaint is found to be valid, the DFEH or HUD may take enforcement action. This may include ordering the person or business to pay money damages, change a policy or practice, or reinstate a tenant who was wrongfully evicted. The DFEH or HUD may also refer the matter to the California Attorney General’s Office for legal action.
In addition to enforcement action, the DFEH also provides mediation services to resolve disputes between landlords and tenants. Mediation is a voluntary process in which a neutral third-party mediator helps the parties to come to an agreement. Mediation is often less expensive and less time-consuming than litigation and may be an effective way to resolve disputes.
Conclusion
Fair Housing Protected Classes in California are legally protected categories of people that are protected from discrimination in housing. The Fair Housing Act of 1968 is a federal law that prohibits discrimination in the sale, rental, and financing of dwellings based on certain protected classes. California has adopted its own fair housing laws which expand the federal protections to include additional classes. The California Fair Housing and Employment Act (FEHA) expands the federal protections to include marital status, sexual orientation, gender identity, and other classes.
The enforcement of fair housing protected classes in California is overseen by the California Department of Fair Employment and Housing (DFEH). The DFEH is responsible for investigating complaints of discrimination and enforcing the state’s fair housing laws. The DFEH may investigate any complaint of discrimination on the basis of a protected class, including complaints of discrimination in the sale, rental, or financing of dwellings.
If you believe that you have been the victim of discrimination in the sale, rental, or financing of a dwelling in California, you can file a complaint with the California Department of Fair Employment and Housing (DFEH). You can also file a complaint with the U.S. Department of Housing and Urban Development (HUD). If a complaint is found to be valid, the DFEH or HUD may take enforcement action. The DFEH also provides mediation services to resolve disputes between landlords and tenants.