Cheatsheet: Advanced Law

Fair Housing — Federal vs. California Protected Classes

|---|---|---| Federal: 7 classes | California: ~15–18 classes

Fair Housing Prohibited Practices

|---|---|

Fair Housing Exemptions (Federal FHA)

• Owner-occupied buildings with ≤4 units (Mrs. Murphy) — no broker, no discriminatory ads

• Single-family home sold/rented by owner without broker and without discriminatory advertising

• Religious organizations and private clubs (non-commercial, to members)

• Senior housing: 55+ (80% of units occupied by 1 person 55+) or 62+ (100% of residents)

California FEHA exemptions are narrower — owner-occupied exemption only for buildings with 1 non-owner unit.

Disability: Accommodation vs. Modification

|---|---|---|

Unruh Civil Rights Act

• Applies to ALL business establishments in California

• Minimum statutory damages: $4,000 per violation + actual damages + attorney's fees

• Broader than FHA in some respects; no need to prove intentional discrimination

SB 800 New Home Warranty Periods

|---|---| Calderon process: Mandatory pre-litigation notice to builder → builder inspects → builder offers repair → then homeowner can sue.

CEQA Trigger Rules

• Applies to discretionary government approvals (permits, rezonings, subdivisions)

• Does NOT apply to ministerial approvals (no agency discretion)

• Significant impacts → EIR required

• No significant impacts → Negative Declaration

• Small/routine projects → Categorical Exemption

CERCLA (Superfund) Liability

• Strict, joint and several, retroactive

• Current owners liable even if they didn't cause contamination

• Innocent purchaser defense: Requires Phase I ESA before purchase + no knowledge

• Phase I = records/inspection review (no sampling)

• Phase II = soil/groundwater sampling (confirms contamination from Phase I)

Subdivision Map Act

|---|---|

Class	Federal FHA	California FEHA
Race	Yes	Yes
Color	Yes	Yes
National Origin	Yes	Yes
Religion	Yes	Yes
Sex	Yes	Yes
Disability	Yes	Yes
Familial Status	Yes	Yes
Source of Income (Section 8)	No	Yes
Sexual Orientation	No	Yes
Gender Identity / Expression	No	Yes
Marital Status	No	Yes
Age (40+)	No	Yes
Medical Condition / Genetic Info	No	Yes
Military / Veteran Status	No	Yes
Ancestry / Immigration Status	No	Yes
Practice	Definition
Steering	Directing buyers/tenants to/from areas based on protected class
Blockbusting	Inducing sales by suggesting protected-class persons are moving in
Redlining	Denying financial services based on neighborhood racial composition
Discriminatory advertising	Expressing preference for/against any protected class in any ad
Type	What It Is	Who Pays
Reasonable Accommodation	Change to rules/policies (e.g., allow service animal)	Landlord bears cost
Reasonable Modification	Physical change to unit (e.g., grab bars, ramp)	Tenant pays (private housing)
Defect Type	Warranty
Structural (foundation, load-bearing)	10 years
Plumbing, sewer, electrical, mechanical	4 years
Roof (installed products)	4 years
Waterproofing	4 years
Fit and finish (interior surfaces, paint, trim)	1 year
Map Type	When Required
Parcel Map	4 or fewer lots
Subdivision Map (tentative + final)	5 or more lots

Subdivision Public Report (White Report): Required from CA DRE before selling lots in a new 5+ lot subdivision. Buyer must receive before signing purchase contract.

Williamson Act

• Agricultural/open-space land enrolled for 10-year rolling contracts

• Benefit: Reduced property tax (assessed at agricultural use value)

• Contracts run with the land — buyer acquires subject to contract

• Early cancellation penalty: 12.5% of unencumbered land value

• Non-renewal: File notice → 10-year wind-down begins

Coastal Act

• Development in Coastal Zone requires Coastal Development Permit (CDP)

• Coastal Zone: generally 1,000 yards inland from mean high-tide line

• Administered by California Coastal Commission (or local agency with certified Local Coastal Program)

Clean Water Act Section 404

• Fill of wetlands requires U.S. Army Corps of Engineers permit

• Seasonal (intermittent) wetlands may also be regulated

• California also requires Section 401 Water Quality Certification from Regional Water Quality Control Board

CSLB Contractor License Requirement

• Required for any work $500 or more in labor and materials

• Class A = General Engineering | Class B = General Building | Class C = Specialty trade

• Unlicensed contractor risks: owner liability for injuries, voided insurance, unpermitted work