Fair Housing

Fair Housing Law ## Overview Fair housing law prohibits discrimination in the sale, rental, and financing of housing based on protected characteristics. California has one of the broadest fair housing frameworks in the nation, combining federal protections with significantly expanded state law. California brokers must know both layers — federal and state — and understand the practical implications for every real estate transaction. --- ## Federal Fair Housing Act — Seven Protected Classes The Fair Housing Act (Title VIII of the Civil Rights Act of 1968), as amended in 1988, prohibits discrimination in residential real estate transactions based on seven protected classes: 1. Race 2. Color 3. National Origin 4. Religion 5. Sex (includes sexual harassment under HUD interpretations) 6. Disability (physical or mental) 7. Familial Status (families with children under 18, pregnant women, persons in the process of securing custody of children) These seven classes are protected in all residential transactions — sales, rentals, financing, and advertising — nationwide. --- ## California Fair Employment and Housing Act (FEHA) — Expanded Protections California's Fair Employment and Housing Act (Government Code §12955 et seq.) extends fair housing protections significantly beyond the federal baseline. California adds the following protected classes: 8. Source of Income (includes Housing Choice Vouchers / Section 8, SSI, disability payments, spousal support — landlords cannot refuse to rent to tenants based on how their income is derived) 9. Sexual Orientation (gay, lesbian, bisexual) 10. Gender Identity (transgender status) 11. Gender Expression (non-conforming gender presentation) 12. Marital Status 13. Age (40 and older — applies primarily in employment but extends to housing in certain contexts) 14. Medical Condition (cancer or genetic characteristics) 15. Genetic Information 16. **Military or…