What is unlawful discrimination?

It is unlawful for a landlord to refuse to rent to a tenant or to engage in any other type of discrimination on the basis of group characteristics specified by law (such as race or religion) that are not closely related to the business needs of the landlord. Indeed, the California Legislature has declared that the opportunity to seek, obtain and hold housing without unlawful discrimination is a civil right.

Under California law, it is unlawful for a landlord, managing agent, real estate broker, or salesperson to discriminate against a person or harass a person because of the person’s race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income, or disability. California law also prohibits discrimination based on any of the following:

A person’s medical condition or mental or physical disability; or
Personal characteristics, such as a person’s physical appearance or sexual orientation that are not related to the responsibilities of a tenant; or
A perception of a person’s race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income, or disability, or a perception that a person is associated with another person who may have any of these characteristics.
Under California law, a landlord, agent or broker cannot use a financial or income standard for persons who want to live together and aggregate (combine) their incomes that is different from the standard that is used for married persons who aggregate their incomes. In the case of a government rent subsidy, a landlord who is assessing a potential tenant’s eligibility for a rental unit must use a financial or income standard that is based on the portion of rent that the tenant would pay.

It is illegal for landlords to discriminate against families with children under 18. However, housing for senior citizens may exclude families with children. "Housing for senior citizens" includes housing that is occupied only by persons who are at least age 62, or housing that is operated for occupancy by persons who are at least age 55 and that meets other occupancy, policy and reporting requirements stated in the law.

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