SB 1427: Discrimination: veteran or military status.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-08-23
Existing law declares that housing discrimination on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information is against public policy.
This bill would state findings and declarations of the Legislature regarding the importance of housing for veterans and its priority and declare that housing discrimination on the basis of veteran or military status is against public policy.
Existing law provides that the opportunity to seek, obtain, and hold housing without discrimination because of specified characteristics is a civil right.
This bill would provide that the opportunity to seek, obtain, and hold housing without discrimination because of veteran or military status is a civil right.
Existing law defines specified terms, including the term source of income, in connection with provisions that prohibit discrimination in housing accommodations.
This bill would specify that a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher is a source of income.
Existing law authorizes the Department of Fair Employment and Housing to issue publications and results of investigations and research that, in its judgment, promote goodwill and minimize or eliminate discrimination in employment and discrimination in housing because of specified characteristics.
This bill would include veteran or military status among the characteristics that apply to the authorization described above.
Existing law authorizes the Department of Fair Employment and Housing, upon the request of certain parties, to provide assistance to communities and persons in resolving disputes, disagreements, or difficulties relating to discriminatory practices based upon specified characteristics.
This bill would authorize the department also to provide this assistance if the dispute, disagreement, or difficulty relates to discriminatory practices based upon veteran or military status.
Existing law prohibits the owner of any housing accommodation, or any person, bank, mortgage company, or other financial institution that provides financial assistance for the purchase, organization, or construction of any housing accommodation, among other persons and entities from, among other things, discriminating against any person because of particular characteristics of that person, including race and gender, as specified.
This bill would prohibit the persons and entities described above from discriminating against any person because of the veteran or military status of that person. The bill would also make other conforming changes.
Existing law requires a county recorder who provides a copy of a declaration, governing document, or deed to any person to place a cover page or stamp on the first page of the previously recorded document stating that if the document contains any restriction based on certain characteristics, that the restriction violates state and federal fair housing laws and is void, and may be removed.
This bill would require the specified language in the cover page or stamp to include the characteristic of veteran or military status. By requiring the county recorder to change the cover page or stamp, this bill would impose a state-mandated local program.
This bill would incorporate additional changes to Section 12930 of the Government Code proposed by SB 224 to be operative only if this bill and SB 224 are enacted and this bill is enacted last.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law declares that housing discrimination on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information is against public policy.
This bill would state findings and declarations of the Legislature regarding the importance of housing for veterans and its priority and declare that housing discrimination on the basis of veteran or military status is against public policy.
Existing law provides that the opportunity to seek, obtain, and hold housing without discrimination because of specified characteristics is a civil right.
This bill would provide that the opportunity to seek, obtain, and hold housing without discrimination because of veteran or military status is a civil right.
Existing law defines specified terms, including the term source of income, in connection with provisions that prohibit discrimination in housing accommodations.
This bill would specify that a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher is a source of income.
Existing law authorizes the Department of Fair Employment and Housing to issue publications and results of investigations and research that, in its judgment, promote goodwill and minimize or eliminate discrimination in employment and discrimination in housing because of specified characteristics.
This bill would include veteran or military status among the characteristics that apply to the authorization described above.
Existing law authorizes the Department of Fair Employment and Housing, upon the request of certain parties, to provide assistance to communities and persons in resolving disputes, disagreements, or difficulties relating to discriminatory practices based upon specified characteristics.
This bill would authorize the department also to provide this assistance if the dispute, disagreement, or difficulty relates to discriminatory practices based upon veteran or military status.
Existing law prohibits the owner of any housing accommodation, or any person, bank, mortgage company, or other financial institution that provides financial assistance for the purchase, organization, or construction of any housing accommodation, among other persons and entities from, among other things, discriminating against any person because of particular characteristics of that person, including race and gender, as specified.
This bill would prohibit the persons and entities described above from discriminating against any person because of the veteran or military status of that person. The bill would also make other conforming changes.
Existing law requires a county recorder who provides a copy of a declaration, governing document, or deed to any person to place a cover page or stamp on the first page of the previously recorded document stating that if the document contains any restriction based on certain characteristics, that the restriction violates state and federal fair housing laws and is void, and may be removed.
This bill would require the specified language in the cover page or stamp to include the characteristic of veteran or military status. By requiring the county recorder to change the cover page or stamp, this bill would impose a state-mandated local program.
This bill would incorporate additional changes to Section 12930 of the Government Code proposed by SB 224 to be operative only if this bill and SB 224 are enacted and this bill is enacted last.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law declares that housing discrimination on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information is against public policy.
This bill would state findings and declarations of the Legislature regarding the importance of housing for veterans and its priority and declare that housing discrimination on the basis of veteran or military status is against public policy.
Existing law provides that the opportunity to seek, obtain, and hold housing without discrimination because of specified characteristics is a civil right.
This bill would provide that the opportunity to seek, obtain, and hold housing without discrimination because of veteran or military status is a civil right.
Existing law defines specified terms, including the term source of income, in connection with provisions that prohibit discrimination in housing accommodations.
This bill would specify that a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher is a source of income.
Existing law authorizes the Department of Fair Employment and Housing to issue publications and results of investigations and research that, in its judgment, promote goodwill and minimize or eliminate discrimination in employment and discrimination in housing because of specified characteristics.
This bill would include veteran or military status among the characteristics that apply to the authorization described above.
Existing law authorizes the Department of Fair Employment and Housing, upon the request of certain parties, to provide assistance to communities and persons in resolving disputes, disagreements, or difficulties relating to discriminatory practices based upon specified characteristics.
This bill would authorize the department also to provide this assistance if the dispute, disagreement, or difficulty relates to discriminatory practices based upon veteran or military status.
Existing law prohibits the owner of any housing accommodation, or any person, bank, mortgage company, or other financial institution that provides financial assistance for the purchase, organization, or construction of any housing accommodation, among other persons and entities from, among other things, discriminating against any person because of particular characteristics of that person, including race and gender, as specified.
This bill would prohibit the persons and entities described above from discriminating against any person because of the veteran or military status of that person. The bill would also make other conforming changes.
Existing law requires a county recorder who provides a copy of a declaration, governing document, or deed to any person to place a cover page or stamp on the first page of the previously recorded document stating that if the document contains any restriction based on certain characteristics, that the restriction violates state and federal fair housing laws and is void, and may be removed.
This bill would require the specified language in the cover page or stamp to include the characteristic of veteran or military status. By requiring the county recorder to change the cover page or stamp, this bill would impose a state-mandated local program.
This bill would incorporate additional changes to Section 12930 of the Government Code proposed by SB 224 to be operative only if this bill and SB 224 are enacted and this bill is enacted last.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law declares that housing discrimination on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information is against public policy.
This bill would state findings and declarations of the Legislature regarding the importance of housing for veterans and its priority and declare that housing discrimination on the basis of veteran or military status is against public policy.
Existing law provides that the opportunity to seek, obtain, and hold housing without discrimination because of specified characteristics is a civil right.
This bill would provide that the opportunity to seek, obtain, and hold housing without discrimination because of veteran or military status is a civil right.
Existing law defines specified terms, including the term source of income, in connection with provisions that prohibit discrimination in housing accommodations.
This bill would specify that a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher is a source of income.
Existing law authorizes the Department of Fair Employment and Housing to issue publications and results of investigations and research that, in its judgment, promote goodwill and minimize or eliminate discrimination in employment and discrimination in housing because of specified characteristics.
This bill would include veteran or military status among the characteristics that apply to the authorization described above.
Existing law authorizes the Department of Fair Employment and Housing, upon the request of certain parties, to provide assistance to communities and persons in resolving disputes, disagreements, or difficulties relating to discriminatory practices based upon specified characteristics.
This bill would authorize the department also to provide this assistance if the dispute, disagreement, or difficulty relates to discriminatory practices based upon veteran or military status.
Existing law prohibits the owner of any housing accommodation, or any person, bank, mortgage company, or other financial institution that provides financial assistance for the purchase, organization, or construction of any housing accommodation, among other persons and entities from, among other things, discriminating against any person because of particular characteristics of that person, including race and gender, as specified.
This bill would prohibit the persons and entities described above from discriminating against any person because of the veteran or military status of that person. The bill would also make other conforming changes.
Existing law requires a county recorder who provides a copy of a declaration, governing document, or deed to any person to place a cover page or stamp on the first page of the previously recorded document stating that if the document contains any restriction based on certain characteristics, that the restriction violates state and federal fair housing laws and is void, and may be removed.
This bill would require the specified language in the cover page or stamp to include the characteristic of veteran or military status. By requiring the county recorder to change the cover page or stamp, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law defines specified terms, including the term source of income, in connection with provisions that prohibit discrimination in housing accommodations.
This bill would specify that a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher is a source of income.
Existing law prohibits the owner of any housing accommodation, or any person, bank, mortgage company, or other financial institution that provides financial assistance for the purchase, organization, or construction of any housing accommodation, among other persons and entities from, among other things, discriminating against any person because of particular characteristics of that person, including race and gender, as specified.
This bill would prohibit the persons and entities described above from discriminating against any person because of the veteran or military status of that person. The bill would also make other conforming changes.
Existing law requires a county recorder who provides a copy of a declaration, governing document, or deed to any person to place a cover page or stamp on the first page of the previously recorded document stating that if the document contains any restriction based on certain characteristics, that the restriction violates state and federal fair housing laws and is void, and may be removed.
This bill would require the specified language in the cover page or stamp to include the characteristic of veteran or military status. By requiring the county recorder to change the cover page or stamp, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides that the Department of Transportation has full possession and control of the state highway system. Existing law authorizes the department to construct exclusive or preferential lanes for high-occupacy vehicles.Existing law authorizes a regional transportation agency, as defined, in cooperation with the department to apply to the California Transportation Commission to develop and operate high-occupancy toll (HOT) lanes, including administration and operation of a value-pricing program and exclusive or preferential lane facilities for public transit, consistent with established standards, requirements, and limitations that apply to specified facilities.Existing law also authorizes super ultra-low emission vehicles, ultra-low emission vehicles, partial zero-emission vehicles, or transitional zero-emission vehicles, as specified, that display a valid identifier issued by the Department of Motor Vehicles, to use HOV lanes, regardless of vehicle occupancy, until January 1, 2019, or as otherwise specified. This bill would provide that it is the intent of the Legislature to enact legislation to improve the performance of HOV and HOT lanes by providing additional resources for, and authorizing new approaches to, the enforcement of lane occupancy requirements.Existing law provides that the Department of Transportation has full possession and control of the state highway system. Existing law authorizes the department to construct exclusive or preferential lanes for high-occupacy vehicles.
Existing law authorizes a regional transportation agency, as defined, in cooperation with the department to apply to the California Transportation Commission to develop and operate high-occupancy toll (HOT) lanes, including administration and operation of a value-pricing program and exclusive or preferential lane facilities for public transit, consistent with established standards, requirements, and limitations that apply to specified facilities.
Existing law also authorizes super ultra-low emission vehicles, ultra-low emission vehicles, partial zero-emission vehicles, or transitional zero-emission vehicles, as specified, that display a valid identifier issued by the Department of Motor Vehicles, to use HOV lanes, regardless of vehicle occupancy, until January 1, 2019, or as otherwise specified.
This bill would provide that it is the intent of the Legislature to enact legislation to improve the performance of HOV and HOT lanes by providing additional resources for, and authorizing new approaches to, the enforcement of lane occupancy requirements.
The Legislature finds and declares that housing for veterans is of critical importance and that California must make it a priority to ensure that there is an adequate supply of housing for veterans.
The Legislature further declares that veterans are a priority and that we must ensure that they have all housing options available, which merits amendment to California law relating to source of income and federal Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers.
SEC. 2.Section 12920 of the Government Code is amended to read:12920.It is hereby declared as the public policy of this state that it is necessary to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
It is recognized that the practice of denying employment opportunity and discriminating in the terms of employment for these reasons foments domestic strife and unrest, deprives the state of the fullest utilization of its capacities for development and advancement, and substantially and adversely affects the interests of employees, employers, and the public in general.
Further, the practice of discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in housing accommodations is declared to be against public policy.
It is the purpose of this part to provide effective remedies that will eliminate these discriminatory practices.
This part shall be deemed an exercise of the police power of the state for the protection of the welfare, health, and peace of the people of this state.
SEC. 3.Section 12921 of the Government Code is amended to read:12921.(a)The opportunity to seek, obtain, and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status is hereby recognized as and declared to be a civil right.
(b)The opportunity to seek, obtain, and hold housing without discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, or any other basis prohibited by Section 51 of the Civil Code is hereby recognized as and declared to be a civil right.
SEC. 4.Section 12927 of the Government Code is amended to read:12927.As used in this part in connection with housing accommodations, unless a different meaning clearly appears from the context:
(a)Affirmative actions means any activity for the purpose of eliminating discrimination in housing accommodations because of race, color, religion, sex, marital status, national origin, ancestry, familial status, or disability.
(b)Conciliation council means a nonprofit organization, or a city or county human relations commission, which provides education, factfinding, and mediation or conciliation services in resolution of complaints of housing discrimination.
(c)(1)Discrimination includes refusal to sell, rent, or lease housing accommodations; includes refusal to negotiate for the sale, rental, or lease of housing accommodations; includes representation that a housing accommodation is not available for inspection, sale, or rental when that housing accommodation is in fact so available; includes any other denial or withholding of housing accommodations; includes provision of inferior terms, conditions, privileges, facilities, or services in connection with those housing accommodations; includes harassment in connection with those housing accommodations; includes the cancellation or termination of a sale or rental agreement; includes the provision of segregated or separated housing accommodations; includes the refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the disabled person, if the modifications may be necessary to afford the disabled person full enjoyment of the premises, except that, in the case of a rental, the landlord may, where it is reasonable to do so condition permission for a modification on the renters agreeing to restore the interior of the premises to the condition that existed before the modification (other than for reasonable wear and tear), and includes refusal to make reasonable accommodations in rules, policies, practices, or services when these accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling.
(2)Discrimination does not include either of the following:
(A)Refusal to rent or lease a portion of an owner-occupied single-family house to a person as a roomer or boarder living within the household, provided that no more than one roomer or boarder is to live within the household, and the owner complies with subdivision (c) of Section 12955, which prohibits discriminatory notices, statements, and advertisements.
(B)Where the sharing of living areas in a single dwelling unit is involved, the use of words stating or tending to imply that the housing being advertised is available only to persons of one sex.
(d)Housing accommodation means any building, structure, or portion thereof that is occupied as, or intended for occupancy as, a residence by one or more families and any vacant land that is offered for sale or lease for the construction thereon of any building, structure, or portion thereof intended to be so occupied.
(e)Owner includes the lessee, sublessee, assignee, managing agent, real estate broker or salesperson, or any person having any legal or equitable right of ownership or possession or the right to rent or lease housing accommodations, and includes the state and any of its political subdivisions and any agency thereof.
(f)Person includes all individuals and entities that are described in Section 3602(d) of Title 42 of the United States Code, and in the definition of owner in subdivision (e) of this section, and all institutional third parties, including the Federal Home Loan Mortgage Corporation.
(g)Aggrieved person includes any person who claims to have been injured by a discriminatory housing practice or believes that the person will be injured by a discriminatory housing practice that is about to occur.
(h)Real estate-related transactions include any of the following:
(1)The making or purchasing of loans or providing other financial assistance that is for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or that is secured by residential real estate.
(2)The selling, brokering, or appraising of residential real property.
(3)The use of territorial underwriting requirements, for the purpose of requiring a borrower in a specific geographic area to obtain earthquake insurance, required by an institutional third party on a loan secured by residential real property.
(i)Source of income means lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant. Source of income includes a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher. For the purposes of this definition, a landlord is not considered a representative of a tenant.
SEC. 5.Section 12930 of the Government Code is amended to read:12930.The department shall have the following functions, powers, and duties:
(a)To establish and maintain a principal office and any other offices within the state as are necessary to carry out the purposes of this part.
(b)To meet and function at any place within the state.
(c)To appoint attorneys, investigators, conciliators, mediators, and other employees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.
(d)To obtain upon request and utilize the services of all governmental departments and agencies and, in addition, with respect to housing discrimination, of conciliation councils.
(e)To adopt, promulgate, amend, and rescind suitable procedural rules and regulations to carry out the investigation, prosecution, and dispute resolution functions and duties of the department pursuant to this part.
(f)(1)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Chapter 6 (commencing with Section 12940).
(2)To receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of the Civil Code. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(3)To receive, investigate, conciliate, mediate, and prosecute complaints alleging, and to bring civil actions pursuant to Section 52.5 of the Civil Code for, a violation of Section 236.1 of the Penal Code. Damages awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the person harmed by the violation of Section 236.1 of the Penal Code. Costs and attorneys fees awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the department. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(4)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1, except for complaints relating to educational equity brought under Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of Title 1 of the Education Code and investigated pursuant to the procedures set forth in Subchapter 5.1 of Title 5 of the California Code of Regulations, and not otherwise within the jurisdiction of the department.
(A)Nothing in this part prevents the director or the directors authorized representative, in that persons discretion, from making, signing, and filing a complaint pursuant to Section 12960 or 12961 alleging practices made unlawful under Section 11135.
(B)Remedies available to the department in conciliating, mediating, and prosecuting complaints alleging these practices are the same as those available to the department in conciliating, mediating, and prosecuting complaints alleging violations of Article 1 (commencing with Section 12940) of Chapter 6.
(g)In connection with any matter under investigation or in question before the department pursuant to a complaint filed under Section 12960, 12961, or 12980:
(1)To issue subpoenas to require the attendance and testimony of witnesses and the production of books, records, documents, and physical materials.
(2)To administer oaths, examine witnesses under oath and take evidence, and take depositions and affidavits.
(3)To issue written interrogatories.
(4)To request the production for inspection and copying of books, records, documents, and physical materials.
(5)To petition the superior courts to compel the appearance and testimony of witnesses, the production of books, records, documents, and physical materials, and the answering of interrogatories.
(h)To bring civil actions pursuant to Section 12965 or 12981 and to prosecute those civil actions before state and federal trial courts.
(i)To issue those publications and those results of investigations and research as in its judgment will tend to promote goodwill and minimize or eliminate discrimination in employment on the bases enumerated in this part and discrimination in housing because of race, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, veteran or military status, genetic information, or sexual orientation.
(j)To investigate, approve, certify, decertify, monitor, and enforce nondiscrimination programs proposed by a contractor to be engaged in pursuant to Section 12990.
(k)To render annually to the Governor and to the Legislature a written report of its activities and of its recommendations.
(l)To conduct mediations at any time after a complaint is filed pursuant to Section 12960, 12961, or 12980. The department may end mediation at any time.
(m)The following shall apply with respect to any accusation pending before the former Fair Employment and Housing Commission on or after January 1, 2013:
(1)If an accusation issued under former Section 12965 includes a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, or if an accusation is amended for the purpose of adding a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, with the consent of the party accused of engaging in unlawful practices, the department may withdraw an accusation and bring a civil action in superior court.
(2)If an accusation was issued under former Section 12981, with the consent of the aggrieved party filing the complaint an aggrieved person on whose behalf a complaint is filed, or the party accused of engaging in unlawful practices, the department may withdraw the accusation and bring a civil action in superior court.
(3)Where removal to court is not feasible, the department shall retain the services of the Office of Administrative Hearings to adjudicate the administrative action pursuant to Sections 11370.3 and 11502.
(n)On any Section 1094.5 Code of Civil Procedure challenge to a decision of the former Fair Employment and Housing Commission pending on or after January 1, 2013, the director or the directors designee shall consult with the Attorney General regarding the defense of that writ petition.
SEC. 5.5.Section 12930 of the Government Code is amended to read:12930.The department shall have the following functions, powers, and duties:
(a)To establish and maintain a principal office and any other offices within the state as are necessary to carry out the purposes of this part.
(b)To meet and function at any place within the state.
(c)To appoint attorneys, investigators, conciliators, mediators, and other employees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.
(d)To obtain upon request and utilize the services of all governmental departments and agencies and, in addition, with respect to housing discrimination, of conciliation councils.
(e)To adopt, promulgate, amend, and rescind suitable procedural rules and regulations to carry out the investigation, prosecution, and dispute resolution functions and duties of the department pursuant to this part.
(f)(1)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Chapter 6 (commencing with Section 12940).
(2)To receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of Section 51, 51.5, 51.7, 51.9, 54, 54.1, or 54.2 of the Civil Code. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(3)To receive, investigate, conciliate, mediate, and prosecute complaints alleging, and to bring civil actions pursuant to Section 52.5 of the Civil Code for, a violation of Section 236.1 of the Penal Code. Damages awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the person harmed by the violation of Section 236.1 of the Penal Code. Costs and attorneys fees awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the department. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(4)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1, except for complaints relating to educational equity brought under Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of Title 1 of the Education Code and investigated pursuant to the procedures set forth in Subchapter 5.1 of Title 5 of the California Code of Regulations, and not otherwise within the jurisdiction of the department.
(A)Nothing in this part prevents the director or the directors authorized representative, in that persons discretion, from making, signing, and filing a complaint pursuant to Section 12960 or 12961 alleging practices made unlawful under Section 11135.
(B)Remedies available to the department in conciliating, mediating, and prosecuting complaints alleging these practices are the same as those available to the department in conciliating, mediating, and prosecuting complaints alleging violations of Article 1 (commencing with Section 12940) of Chapter 6.
(g)In connection with any matter under investigation or in question before the department pursuant to a complaint filed under Section 12960, 12961, or 12980:
(1)To issue subpoenas to require the attendance and testimony of witnesses and the production of books, records, documents, and physical materials.
(2)To administer oaths, examine witnesses under oath and take evidence, and take depositions and affidavits.
(3)To issue written interrogatories.
(4)To request the production for inspection and copying of books, records, documents, and physical materials.
(5)To petition the superior courts to compel the appearance and testimony of witnesses, the production of books, records, documents, and physical materials, and the answering of interrogatories.
(h)To bring civil actions pursuant to Section 12965 or 12981 and to prosecute those civil actions before state and federal trial courts.
(i)To issue those publications and those results of investigations and research as in its judgment will tend to promote goodwill and minimize or eliminate discrimination in employment on the bases enumerated in this part and discrimination in housing because of race, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, veteran or military status, genetic information, or sexual orientation.
(j)To investigate, approve, certify, decertify, monitor, and enforce nondiscrimination programs proposed by a contractor to be engaged in pursuant to Section 12990.
(k)To render annually to the Governor and to the Legislature a written report of its activities and of its recommendations.
(l)To conduct mediations at any time after a complaint is filed pursuant to Section 12960, 12961, or 12980. The department may end mediation at any time.
(m)The following shall apply with respect to any accusation pending before the former Fair Employment and Housing Commission on or after January 1, 2013:
(1)If an accusation issued under former Section 12965 includes a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, or if an accusation is amended for the purpose of adding a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, with the consent of the party accused of engaging in unlawful practices, the department may withdraw an accusation and bring a civil action in superior court.
(2)If an accusation was issued under former Section 12981, with the consent of the aggrieved party filing the complaint an aggrieved person on whose behalf a complaint is filed, or the party accused of engaging in unlawful practices, the department may withdraw the accusation and bring a civil action in superior court.
(3)Where removal to court is not feasible, the department shall retain the services of the Office of Administrative Hearings to adjudicate the administrative action pursuant to Sections 11370.3 and 11502.
(n)On any Section 1094.5 Code of Civil Procedure challenge to a decision of the former Fair Employment and Housing Commission pending on or after January 1, 2013, the director or the directors designee shall consult with the Attorney General regarding the defense of that writ petition.
SEC. 6.Section 12931 of the Government Code is amended to read:12931.The department may also provide assistance to communities and persons therein in resolving disputes, disagreements, or difficulties relating to discriminatory practices based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, veteran or military status, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, familial status, age, or sexual orientation that impair the rights of persons in those communities under the Constitution or laws of the United States or of this state. The services of the department may be made available in cases of these disputes, disagreements, or difficulties only when, in its judgment, peaceful relations among the citizens of the community involved are threatened thereby. The departments services are to be made available only upon the request of an appropriate state or local public body, or upon the request of any person directly affected by any such dispute, disagreement, or difficulty.
The assistance of the department pursuant to this section shall be limited to endeavors at investigation, conference, conciliation, and persuasion.
SEC. 7.Section 12955 of the Government Code is amended to read:12955.It shall be unlawful:
(a)For the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information of that person.
(b)For the owner of any housing accommodation to make or to cause to be made any written or oral inquiry concerning the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, disability, veteran or military status, or genetic information of any person seeking to purchase, rent, or lease any housing accommodation.
(c)For any person to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a housing accommodation that indicates any preference, limitation, or discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information or an intention to make that preference, limitation, or discrimination.
(d)For any person subject to the provisions of Section 51 of the Civil Code, as that section applies to housing accommodations, to discriminate against any person on the basis of sex, gender, gender identity, gender expression, sexual orientation, color, race, religion, ancestry, national origin, familial status, marital status, disability, genetic information, source of income, veteran or military status, or on any other basis prohibited by that section. Selection preferences based on age, imposed in connection with a federally approved housing program, do not constitute age discrimination in housing.
(e)For any person, bank, mortgage company or other financial institution that provides financial assistance for the purchase, organization, or construction of any housing accommodation to discriminate against any person or group of persons because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in the terms, conditions, or privileges relating to the obtaining or use of that financial assistance.
(f)For any owner of housing accommodations to harass, evict, or otherwise discriminate against any person in the sale or rental of housing accommodations when the owners dominant purpose is retaliation against a person who has opposed practices unlawful under this section, informed law enforcement agencies of practices believed unlawful under this section, has testified or assisted in any proceeding under this part, or has aided or encouraged a person to exercise or enjoy the rights secured by this part. Nothing herein is intended to cause or permit the delay of an unlawful detainer action.
(g)For any person to aid, abet, incite, compel, or coerce the doing of any of the acts or practices declared unlawful in this section, or to attempt to do so.
(h)For any person, for profit, to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, source of income, familial status, veteran or military status, or national origin.
(i)For any person or other organization or entity whose business involves real estate-related transactions to discriminate against any person in making available a transaction, or in the terms and conditions of a transaction, because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, source of income, familial status, disability, veteran or military status, or genetic information.
(j)To deny a person access to, or membership or participation in, a multiple listing service, real estate brokerage organization, or other service because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, familial status, source of income, veteran or military status, or national origin.
(k)To otherwise make unavailable or deny a dwelling based on discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, source of income, disability, genetic information, veteran or military status, or national origin.
(l)To discriminate through public or private land use practices, decisions, and authorizations because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income, veteran or military status, or ancestry. Discrimination includes, but is not limited to, restrictive covenants, zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law (Title 7 (commencing with Section 65000)), that make housing opportunities unavailable.
Discrimination under this subdivision also includes the existence of a restrictive covenant, regardless of whether accompanied by a statement that the restrictive covenant is repealed or void.
(m)As used in this section, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information, includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.
(n)To use a financial or income standard in the rental of housing that fails to account for the aggregate income of persons residing together or proposing to reside together on the same basis as the aggregate income of married persons residing together or proposing to reside together.
(o)In instances where there is a government rent subsidy, to use a financial or income standard in assessing eligibility for the rental of housing that is not based on the portion of the rent to be paid by the tenant.
(p)(1)For the purposes of this section, source of income means lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant. Source of income includes a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher. For the purposes of this section, a landlord is not considered a representative of a tenant.
(2)For the purposes of this section, it shall not constitute discrimination based on source of income to make a written or oral inquiry concerning the level or source of income.
SEC. 8.Section 12955.8 of the Government Code is amended to read:12955.8.For purposes of this article, in connection with unlawful practices:
(a)Proof of an intentional violation of this article includes, but is not limited to, an act or failure to act that is otherwise covered by this part, that demonstrates an intent to discriminate in any manner in violation of this part. A person intends to discriminate if race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information is a motivating factor in committing a discriminatory housing practice even though other factors may have also motivated the practice. An intent to discriminate may be established by direct or circumstantial evidence.
(b)Proof of a violation causing a discriminatory effect is shown if an act or failure to act that is otherwise covered by this part, and that has the effect, regardless of intent, of unlawfully discriminating on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information. A business establishment whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of this part if the business establishment can establish that the action or inaction is necessary to the operation of the business and effectively carries out the significant business need it is alleged to serve. In cases that do not involve a business establishment, the person whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of this part if the person can establish that the action or inaction is necessary to achieve an important purpose sufficiently compelling to override the discriminatory effect and effectively carries out the purpose it is alleged to serve.
(1)Any determination of a violation pursuant to this subdivision shall consider whether or not there are feasible alternatives that would equally well or better accomplish the purpose advanced with a less discriminatory effect.
(2)For purposes of this subdivision, the term business establishment shall have the same meaning as in Section 51 of the Civil Code.
SEC. 9.Section 12956.1 of the Government Code is amended to read:12956.1.(a)As used in this section, association, governing documents, and declaration have the same meanings as set forth in Sections 4080, 4135, and 4150 or Sections 6528, 6546, and 6552 of the Civil Code.
(b)(1)A county recorder, title insurance company, escrow company, real estate broker, real estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover page or stamp on the first page of the previously recorded document or documents stating, in at least 14-point boldface type, the following:
If this document contains any restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.
(2)The requirements of paragraph (1) shall not apply to documents being submitted for recordation to a county recorder.
(c)Any person who records a document for the express purpose of adding a racially restrictive covenant is guilty of a misdemeanor. The county recorder shall not incur any liability for recording the document. Notwithstanding any other provision of law, a prosecution for a violation of this subdivision shall commence within three years after the discovery of the recording of the document.
SEC. 10.Section 12956.2 of the Government Code is amended to read:12956.2.(a)A person who holds an ownership interest of record in property that the person believes is the subject of an unlawfully restrictive covenant in violation of subdivision (l) of Section 12955 may record a document titled Restrictive Covenant Modification. The county recorder may choose to waive the fee prescribed for recording and indexing instruments pursuant to Section 27361 in the case of the modification document provided for in this section. The modification document shall include a complete copy of the original document containing the unlawfully restrictive language with the unlawfully restrictive language stricken.
(b)Before recording the modification document, the county recorder shall submit the modification document and the original document to the county counsel who shall determine whether the original document contains an unlawful restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry. The county counsel shall return the documents and inform the county recorder of its determination. The county recorder shall refuse to record the modification document if the county counsel finds that the original document does not contain an unlawful restriction as specified in this paragraph.
(c)The modification document shall be indexed in the same manner as the original document being modified. It shall contain a recording reference to the original document in the form of a book and page or instrument number, and date of the recording.
(d)Subject to covenants, conditions, and restrictions that were recorded after the recording of the original document that contains the unlawfully restrictive language and subject to covenants, conditions, and restrictions that will be recorded after the Restrictive Covenant Modification, the restrictions in the Restrictive Covenant Modification, once recorded, are the only restrictions having effect on the property. The effective date of the terms and conditions of the modification document shall be the same as the effective date of the original document.
(e)The county recorder shall make available to the public Restrictive Covenant Modification forms.
(f)If the holder of an ownership interest of record in property causes to be recorded a modified document pursuant to this section that contains modifications not authorized by this section, the county recorder shall not incur liability for recording the document. The liability that may result from the unauthorized recordation is the sole responsibility of the holder of the ownership interest of record who caused the modified recordation.
(g)This section does not apply to persons holding an ownership interest in property that is part of a common interest development as defined in Section 4100 or 6534 of the Civil Code if the board of directors of that common interest development is subject to the requirements of subdivision (b) of Section 4225 or of subdivision (b) of Section 6606 of the Civil Code.
SEC. 11.Section 5.5 of this bill incorporates amendments to Section 12930 of the Government Code proposed by both this bill and Senate Bill 224. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 12930 of the Government Code, and (3) this bill is enacted after Senate Bill 224, in which case Section 5 of this bill shall not become operative.
SEC. 12.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature finds and declares that housing for veterans is of critical importance and that California must make it a priority to ensure that there is an adequate supply of housing for veterans.
The Legislature further declares that veterans are a priority and that we must ensure that they have all housing options available, which merits amendment to California law relating to source of income and federal Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers.
SEC. 2.Section 12920 of the Government Code is amended to read:12920.It is hereby declared as the public policy of this state that it is necessary to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
It is recognized that the practice of denying employment opportunity and discriminating in the terms of employment for these reasons foments domestic strife and unrest, deprives the state of the fullest utilization of its capacities for development and advancement, and substantially and adversely affects the interests of employees, employers, and the public in general.
Further, the practice of discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in housing accommodations is declared to be against public policy.
It is the purpose of this part to provide effective remedies that will eliminate these discriminatory practices.
This part shall be deemed an exercise of the police power of the state for the protection of the welfare, health, and peace of the people of this state.
SEC. 3.Section 12921 of the Government Code is amended to read:12921.(a)The opportunity to seek, obtain, and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status is hereby recognized as and declared to be a civil right.
(b)The opportunity to seek, obtain, and hold housing without discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, or any other basis prohibited by Section 51 of the Civil Code is hereby recognized as and declared to be a civil right.
SEC. 4.Section 12927 of the Government Code is amended to read:12927.As used in this part in connection with housing accommodations, unless a different meaning clearly appears from the context:
(a)Affirmative actions means any activity for the purpose of eliminating discrimination in housing accommodations because of race, color, religion, sex, marital status, national origin, ancestry, familial status, or disability.
(b)Conciliation council means a nonprofit organization, or a city or county human relations commission, which provides education, factfinding, and mediation or conciliation services in resolution of complaints of housing discrimination.
(c)(1)Discrimination includes refusal to sell, rent, or lease housing accommodations; includes refusal to negotiate for the sale, rental, or lease of housing accommodations; includes representation that a housing accommodation is not available for inspection, sale, or rental when that housing accommodation is in fact so available; includes any other denial or withholding of housing accommodations; includes provision of inferior terms, conditions, privileges, facilities, or services in connection with those housing accommodations; includes harassment in connection with those housing accommodations; includes the cancellation or termination of a sale or rental agreement; includes the provision of segregated or separated housing accommodations; includes the refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the disabled person, if the modifications may be necessary to afford the disabled person full enjoyment of the premises, except that, in the case of a rental, the landlord may, where it is reasonable to do so condition permission for a modification on the renters agreeing to restore the interior of the premises to the condition that existed before the modification (other than for reasonable wear and tear), and includes refusal to make reasonable accommodations in rules, policies, practices, or services when these accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling.
(2)Discrimination does not include either of the following:
(A)Refusal to rent or lease a portion of an owner-occupied single-family house to a person as a roomer or boarder living within the household, provided that no more than one roomer or boarder is to live within the household, and the owner complies with subdivision (c) of Section 12955, which prohibits discriminatory notices, statements, and advertisements.
(B)Where the sharing of living areas in a single dwelling unit is involved, the use of words stating or tending to imply that the housing being advertised is available only to persons of one sex.
(d)Housing accommodation means any building, structure, or portion thereof that is occupied as, or intended for occupancy as, a residence by one or more families and any vacant land that is offered for sale or lease for the construction thereon of any building, structure, or portion thereof intended to be so occupied.
(e)Owner includes the lessee, sublessee, assignee, managing agent, real estate broker or salesperson, or any person having any legal or equitable right of ownership or possession or the right to rent or lease housing accommodations, and includes the state and any of its political subdivisions and any agency thereof.
(f)Person includes all individuals and entities that are described in Section 3602(d) of Title 42 of the United States Code, and in the definition of owner in subdivision (e) of this section, and all institutional third parties, including the Federal Home Loan Mortgage Corporation.
(g)Aggrieved person includes any person who claims to have been injured by a discriminatory housing practice or believes that the person will be injured by a discriminatory housing practice that is about to occur.
(h)Real estate-related transactions include any of the following:
(1)The making or purchasing of loans or providing other financial assistance that is for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or that is secured by residential real estate.
(2)The selling, brokering, or appraising of residential real property.
(3)The use of territorial underwriting requirements, for the purpose of requiring a borrower in a specific geographic area to obtain earthquake insurance, required by an institutional third party on a loan secured by residential real property.
(i)Source of income means lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant. Source of income includes a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher. For the purposes of this definition, a landlord is not considered a representative of a tenant.
SEC. 5.Section 12930 of the Government Code is amended to read:12930.The department shall have the following functions, powers, and duties:
(a)To establish and maintain a principal office and any other offices within the state as are necessary to carry out the purposes of this part.
(b)To meet and function at any place within the state.
(c)To appoint attorneys, investigators, conciliators, mediators, and other employees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.
(d)To obtain upon request and utilize the services of all governmental departments and agencies and, in addition, with respect to housing discrimination, of conciliation councils.
(e)To adopt, promulgate, amend, and rescind suitable procedural rules and regulations to carry out the investigation, prosecution, and dispute resolution functions and duties of the department pursuant to this part.
(f)(1)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Chapter 6 (commencing with Section 12940).
(2)To receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of the Civil Code. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(3)To receive, investigate, conciliate, mediate, and prosecute complaints alleging, and to bring civil actions pursuant to Section 52.5 of the Civil Code for, a violation of Section 236.1 of the Penal Code. Damages awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the person harmed by the violation of Section 236.1 of the Penal Code. Costs and attorneys fees awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the department. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(4)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1, except for complaints relating to educational equity brought under Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of Title 1 of the Education Code and investigated pursuant to the procedures set forth in Subchapter 5.1 of Title 5 of the California Code of Regulations, and not otherwise within the jurisdiction of the department.
(A)Nothing in this part prevents the director or the directors authorized representative, in that persons discretion, from making, signing, and filing a complaint pursuant to Section 12960 or 12961 alleging practices made unlawful under Section 11135.
(B)Remedies available to the department in conciliating, mediating, and prosecuting complaints alleging these practices are the same as those available to the department in conciliating, mediating, and prosecuting complaints alleging violations of Article 1 (commencing with Section 12940) of Chapter 6.
(g)In connection with any matter under investigation or in question before the department pursuant to a complaint filed under Section 12960, 12961, or 12980:
(1)To issue subpoenas to require the attendance and testimony of witnesses and the production of books, records, documents, and physical materials.
(2)To administer oaths, examine witnesses under oath and take evidence, and take depositions and affidavits.
(3)To issue written interrogatories.
(4)To request the production for inspection and copying of books, records, documents, and physical materials.
(5)To petition the superior courts to compel the appearance and testimony of witnesses, the production of books, records, documents, and physical materials, and the answering of interrogatories.
(h)To bring civil actions pursuant to Section 12965 or 12981 and to prosecute those civil actions before state and federal trial courts.
(i)To issue those publications and those results of investigations and research as in its judgment will tend to promote goodwill and minimize or eliminate discrimination in employment on the basis bases enumerated in this part and discrimination in housing because of race, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, veteran or military status, genetic information, or sexual orientation.
(j)To investigate, approve, certify, decertify, monitor, and enforce nondiscrimination programs proposed by a contractor to be engaged in pursuant to Section 12990.
(k)To render annually to the Governor and to the Legislature a written report of its activities and of its recommendations.
(l)To conduct mediations at any time after a complaint is filed pursuant to Section 12960, 12961, or 12980. The department may end mediation at any time.
(m)The following shall apply with respect to any accusation pending before the former Fair Employment and Housing Commission on or after January 1, 2013:
(1)If an accusation issued under former Section 12965 includes a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, or if an accusation is amended for the purpose of adding a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, with the consent of the party accused of engaging in unlawful practices, the department may withdraw an accusation and bring a civil action in superior court.
(2)If an accusation was issued under former Section 12981, with the consent of the aggrieved party filing the complaint an aggrieved person on whose behalf a complaint is filed, or the party accused of engaging in unlawful practices, the department may withdraw the accusation and bring a civil action in superior court.
(3)Where removal to court is not feasible, the department shall retain the services of the Office of Administrative Hearings to adjudicate the administrative action pursuant to Sections 11370.3 and 11502.
(n)On any Section 1094.5 Code of Civil Procedure challenge to a decision of the former Fair Employment and Housing Commission pending on or after January 1, 2013, the director or the directors designee shall consult with the Attorney General regarding the defense of that writ petition.
SEC. 5.5.Section 12930 of the Government Code is amended to read:12930.The department shall have the following functions, powers, and duties:
(a)To establish and maintain a principal office and any other offices within the state as are necessary to carry out the purposes of this part.
(b)To meet and function at any place within the state.
(c)To appoint attorneys, investigators, conciliators, mediators, and other employees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.
(d)To obtain upon request and utilize the services of all governmental departments and agencies and, in addition, with respect to housing discrimination, of conciliation councils.
(e)To adopt, promulgate, amend, and rescind suitable procedural rules and regulations to carry out the investigation, prosecution, and dispute resolution functions and duties of the department pursuant to this part.
(f)(1)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Chapter 6 (commencing with Section 12940).
(2)To receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of Section 51, 51.5, 51.7, 51.9, 54, 54.1, or 54.2 of the Civil Code. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(3)To receive, investigate, conciliate, mediate, and prosecute complaints alleging, and to bring civil actions pursuant to Section 52.5 of the Civil Code for, a violation of Section 236.1 of the Penal Code. Damages awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the person harmed by the violation of Section 236.1 of the Penal Code. Costs and attorneys fees awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the department. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(4)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1, except for complaints relating to educational equity brought under Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of Title 1 of the Education Code and investigated pursuant to the procedures set forth in Subchapter 5.1 of Title 5 of the California Code of Regulations, and not otherwise within the jurisdiction of the department.
(A)Nothing in this part prevents the director or the directors authorized representative, in that persons discretion, from making, signing, and filing a complaint pursuant to Section 12960 or 12961 alleging practices made unlawful under Section 11135.
(B)Remedies available to the department in conciliating, mediating, and prosecuting complaints alleging these practices are the same as those available to the department in conciliating, mediating, and prosecuting complaints alleging violations of Article 1 (commencing with Section 12940) of Chapter 6.
(g)In connection with any matter under investigation or in question before the department pursuant to a complaint filed under Section 12960, 12961, or 12980:
(1)To issue subpoenas to require the attendance and testimony of witnesses and the production of books, records, documents, and physical materials.
(2)To administer oaths, examine witnesses under oath and take evidence, and take depositions and affidavits.
(3)To issue written interrogatories.
(4)To request the production for inspection and copying of books, records, documents, and physical materials.
(5)To petition the superior courts to compel the appearance and testimony of witnesses, the production of books, records, documents, and physical materials, and the answering of interrogatories.
(h)To bring civil actions pursuant to Section 12965 or 12981 and to prosecute those civil actions before state and federal trial courts.
(i)To issue those publications and those results of investigations and research as in its judgment will tend to promote goodwill and minimize or eliminate discrimination in employment on the basis bases enumerated in this part and discrimination in housing because of race, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, veteran or military status, genetic information, or sexual orientation.
(j)To investigate, approve, certify, decertify, monitor, and enforce nondiscrimination programs proposed by a contractor to be engaged in pursuant to Section 12990.
(k)To render annually to the Governor and to the Legislature a written report of its activities and of its recommendations.
(l)To conduct mediations at any time after a complaint is filed pursuant to Section 12960, 12961, or 12980. The department may end mediation at any time.
(m)The following shall apply with respect to any accusation pending before the former Fair Employment and Housing Commission on or after January 1, 2013:
(1)If an accusation issued under former Section 12965 includes a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, or if an accusation is amended for the purpose of adding a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, with the consent of the party accused of engaging in unlawful practices, the department may withdraw an accusation and bring a civil action in superior court.
(2)If an accusation was issued under former Section 12981, with the consent of the aggrieved party filing the complaint an aggrieved person on whose behalf a complaint is filed, or the party accused of engaging in unlawful practices, the department may withdraw the accusation and bring a civil action in superior court.
(3)Where removal to court is not feasible, the department shall retain the services of the Office of Administrative Hearings to adjudicate the administrative action pursuant to Sections 11370.3 and 11502.
(n)On any Section 1094.5 Code of Civil Procedure challenge to a decision of the former Fair Employment and Housing Commission pending on or after January 1, 2013, the director or the directors designee shall consult with the Attorney General regarding the defense of that writ petition.
SEC. 6.Section 12931 of the Government Code is amended to read:12931.The department may also provide assistance to communities and persons therein in resolving disputes, disagreements, or difficulties relating to discriminatory practices based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, veteran or military status, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, familial status, age, or sexual orientation that impair the rights of persons in those communities under the Constitution or laws of the United States or of this state. The services of the department may be made available in cases of these disputes, disagreements, or difficulties only when, in its judgment, peaceful relations among the citizens of the community involved are threatened thereby. The departments services are to be made available only upon the request of an appropriate state or local public body, or upon the request of any person directly affected by any such dispute, disagreement, or difficulty.
The assistance of the department pursuant to this section shall be limited to endeavors at investigation, conference, conciliation, and persuasion.
SEC. 7.Section 12955 of the Government Code is amended to read:12955.It shall be unlawful:
(a)For the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information of that person.
(b)For the owner of any housing accommodation to make or to cause to be made any written or oral inquiry concerning the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, disability, veteran or military status, or genetic information of any person seeking to purchase, rent, or lease any housing accommodation.
(c)For any person to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a housing accommodation that indicates any preference, limitation, or discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information or an intention to make that preference, limitation, or discrimination.
(d)For any person subject to the provisions of Section 51 of the Civil Code, as that section applies to housing accommodations, to discriminate against any person on the basis of sex, gender, gender identity, gender expression, sexual orientation, color, race, religion, ancestry, national origin, familial status, marital status, disability, genetic information, source of income, veteran or military status, or on any other basis prohibited by that section. Selection preferences based on age, imposed in connection with a federally approved housing program, do not constitute age discrimination in housing.
(e)For any person, bank, mortgage company or other financial institution that provides financial assistance for the purchase, organization, or construction of any housing accommodation to discriminate against any person or group of persons because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in the terms, conditions, or privileges relating to the obtaining or use of that financial assistance.
(f)For any owner of housing accommodations to harass, evict, or otherwise discriminate against any person in the sale or rental of housing accommodations when the owners dominant purpose is retaliation against a person who has opposed practices unlawful under this section, informed law enforcement agencies of practices believed unlawful under this section, has testified or assisted in any proceeding under this part, or has aided or encouraged a person to exercise or enjoy the rights secured by this part. Nothing herein is intended to cause or permit the delay of an unlawful detainer action.
(g)For any person to aid, abet, incite, compel, or coerce the doing of any of the acts or practices declared unlawful in this section, or to attempt to do so.
(h)For any person, for profit, to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, source of income, familial status, veteran or military status, or national origin.
(i)For any person or other organization or entity whose business involves real estate-related transactions to discriminate against any person in making available a transaction, or in the terms and conditions of a transaction, because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, source of income, familial status, disability, veteran or military status, or genetic information.
(j)To deny a person access to, or membership or participation in, a multiple listing service, real estate brokerage organization, or other service because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, familial status, source of income, veteran or military status, or national origin.
(k)To otherwise make unavailable or deny a dwelling based on discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, source of income, disability, genetic information, veteran or military status, or national origin.
(l)To discriminate through public or private land use practices, decisions, and authorizations because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income, veteran or military status, or ancestry. Discrimination includes, but is not limited to, restrictive covenants, zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law (Title 7 (commencing with Section 65000)), that make housing opportunities unavailable.
Discrimination under this subdivision also includes the existence of a restrictive covenant, regardless of whether accompanied by a statement that the restrictive covenant is repealed or void.
(m)As used in this section, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information, includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.
(n)To use a financial or income standard in the rental of housing that fails to account for the aggregate income of persons residing together or proposing to reside together on the same basis as the aggregate income of married persons residing together or proposing to reside together.
(o)In instances where there is a government rent subsidy, to use a financial or income standard in assessing eligibility for the rental of housing that is not based on the portion of the rent to be paid by the tenant.
(p)(1)For the purposes of this section, source of income means lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant. Source of income includes a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher. For the purposes of this section, a landlord is not considered a representative of a tenant.
(2)For the purposes of this section, it shall not constitute discrimination based on source of income to make a written or oral inquiry concerning the level or source of income.
SEC. 8.Section 12955.8 of the Government Code is amended to read:12955.8.For purposes of this article, in connection with unlawful practices:
(a)Proof of an intentional violation of this article includes, but is not limited to, an act or failure to act that is otherwise covered by this part, that demonstrates an intent to discriminate in any manner in violation of this part. A person intends to discriminate if race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information is a motivating factor in committing a discriminatory housing practice even though other factors may have also motivated the practice. An intent to discriminate may be established by direct or circumstantial evidence.
(b)Proof of a violation causing a discriminatory effect is shown if an act or failure to act that is otherwise covered by this part, and that has the effect, regardless of intent, of unlawfully discriminating on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information. A business establishment whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of this part if the business establishment can establish that the action or inaction is necessary to the operation of the business and effectively carries out the significant business need it is alleged to serve. In cases that do not involve a business establishment, the person whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of this part if the person can establish that the action or inaction is necessary to achieve an important purpose sufficiently compelling to override the discriminatory effect and effectively carries out the purpose it is alleged to serve.
(1)Any determination of a violation pursuant to this subdivision shall consider whether or not there are feasible alternatives that would equally well or better accomplish the purpose advanced with a less discriminatory effect.
(2)For purposes of this subdivision, the term business establishment shall have the same meaning as in Section 51 of the Civil Code.
SEC. 9.Section 12956.1 of the Government Code is amended to read:12956.1.(a)As used in this section, association, governing documents, and declaration have the same meanings as set forth in Sections 4080, 4135, and 4150 or Sections 6528, 6546, and 6552 of the Civil Code.
(b)(1)A county recorder, title insurance company, escrow company, real estate broker, real estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover page or stamp on the first page of the previously recorded document or documents stating, in at least 14-point boldface type, the following:
If this document contains any restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.
(2)The requirements of paragraph (1) shall not apply to documents being submitted for recordation to a county recorder.
(c)Any person who records a document for the express purpose of adding a racially restrictive covenant is guilty of a misdemeanor. The county recorder shall not incur any liability for recording the document. Notwithstanding any other provision of law, a prosecution for a violation of this subdivision shall commence within three years after the discovery of the recording of the document.
SEC. 10.Section 12956.2 of the Government Code is amended to read:12956.2.(a)A person who holds an ownership interest of record in property that the person believes is the subject of an unlawfully restrictive covenant in violation of subdivision (l) of Section 12955 may record a document titled Restrictive Covenant Modification. The county recorder may choose to waive the fee prescribed for recording and indexing instruments pursuant to Section 27361 in the case of the modification document provided for in this section. The modification document shall include a complete copy of the original document containing the unlawfully restrictive language with the unlawfully restrictive language stricken.
(b)Before recording the modification document, the county recorder shall submit the modification document and the original document to the county counsel who shall determine whether the original document contains an unlawful restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry. The county counsel shall return the documents and inform the county recorder of its determination. The county recorder shall refuse to record the modification document if the county counsel finds that the original document does not contain an unlawful restriction as specified in this paragraph.
(c)The modification document shall be indexed in the same manner as the original document being modified. It shall contain a recording reference to the original document in the form of a book and page or instrument number, and date of the recording.
(d)Subject to covenants, conditions, and restrictions that were recorded after the recording of the original document that contains the unlawfully restrictive language and subject to covenants, conditions, and restrictions that will be recorded after the Restrictive Covenant Modification, the restrictions in the Restrictive Covenant Modification, once recorded, are the only restrictions having effect on the property. The effective date of the terms and conditions of the modification document shall be the same as the effective date of the original document.
(e)The county recorder shall make available to the public Restrictive Covenant Modification forms.
(f)If the holder of an ownership interest of record in property causes to be recorded a modified document pursuant to this section that contains modifications not authorized by this section, the county recorder shall not incur liability for recording the document. The liability that may result from the unauthorized recordation is the sole responsibility of the holder of the ownership interest of record who caused the modified recordation.
(g)This section does not apply to persons holding an ownership interest in property that is part of a common interest development as defined in Section 4100 or 6534 of the Civil Code if the board of directors of that common interest development is subject to the requirements of subdivision (b) of Section 4225 or of subdivision (b) of Section 6606 of the Civil Code.
SEC. 11.Section 5.5 of this bill incorporates amendments to Section 12930 of the Government Code proposed by both this bill and Senate Bill 224. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 12930 of the Government Code, and (3) this bill is enacted after Senate Bill 224, in which case Section 5 of this bill shall not become operative.
SEC. 12.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature finds and declares that housing for veterans is of critical importance and that California must make it a priority to ensure that there is an adequate supply of housing for veterans.
The Legislature further declares that veterans are a priority and that we must ensure that they have all housing options available, which merits amendment to California law relating to source of income and federal Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers.
SEC. 2.Section 12920 of the Government Code is amended to read:12920.It is hereby declared as the public policy of this state that it is necessary to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
It is recognized that the practice of denying employment opportunity and discriminating in the terms of employment for these reasons foments domestic strife and unrest, deprives the state of the fullest utilization of its capacities for development and advancement, and substantially and adversely affects the interests of employees, employers, and the public in general.
Further, the practice of discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in housing accommodations is declared to be against public policy.
It is the purpose of this part to provide effective remedies that will eliminate these discriminatory practices.
This part shall be deemed an exercise of the police power of the state for the protection of the welfare, health, and peace of the people of this state.
SEC. 3.Section 12921 of the Government Code is amended to read:12921.(a)The opportunity to seek, obtain, and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status is hereby recognized as and declared to be a civil right.
(b)The opportunity to seek, obtain, and hold housing without discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, or any other basis prohibited by Section 51 of the Civil Code is hereby recognized as and declared to be a civil right.
SEC. 4.Section 12927 of the Government Code is amended to read:12927.As used in this part in connection with housing accommodations, unless a different meaning clearly appears from the context:
(a)Affirmative actions means any activity for the purpose of eliminating discrimination in housing accommodations because of race, color, religion, sex, marital status, national origin, ancestry, familial status, or disability.
(b)Conciliation council means a nonprofit organization, or a city or county human relations commission, which provides education, factfinding, and mediation or conciliation services in resolution of complaints of housing discrimination.
(c)(1)Discrimination includes refusal to sell, rent, or lease housing accommodations; includes refusal to negotiate for the sale, rental, or lease of housing accommodations; includes representation that a housing accommodation is not available for inspection, sale, or rental when that housing accommodation is in fact so available; includes any other denial or withholding of housing accommodations; includes provision of inferior terms, conditions, privileges, facilities, or services in connection with those housing accommodations; includes harassment in connection with those housing accommodations; includes the cancellation or termination of a sale or rental agreement; includes the provision of segregated or separated housing accommodations; includes the refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the disabled person, if the modifications may be necessary to afford the disabled person full enjoyment of the premises, except that, in the case of a rental, the landlord may, where it is reasonable to do so condition permission for a modification on the renters agreeing to restore the interior of the premises to the condition that existed before the modification (other than for reasonable wear and tear), and includes refusal to make reasonable accommodations in rules, policies, practices, or services when these accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling.
(2)Discrimination does not include either of the following:
(A)Refusal to rent or lease a portion of an owner-occupied single-family house to a person as a roomer or boarder living within the household, provided that no more than one roomer or boarder is to live within the household, and the owner complies with subdivision (c) of Section 12955, which prohibits discriminatory notices, statements, and advertisements.
(B)Where the sharing of living areas in a single dwelling unit is involved, the use of words stating or tending to imply that the housing being advertised is available only to persons of one sex.
(d)Housing accommodation means any building, structure, or portion thereof that is occupied as, or intended for occupancy as, a residence by one or more families and any vacant land that is offered for sale or lease for the construction thereon of any building, structure, or portion thereof intended to be so occupied.
(e)Owner includes the lessee, sublessee, assignee, managing agent, real estate broker or salesperson, or any person having any legal or equitable right of ownership or possession or the right to rent or lease housing accommodations, and includes the state and any of its political subdivisions and any agency thereof.
(f)Person includes all individuals and entities that are described in Section 3602(d) of Title 42 of the United States Code, and in the definition of owner in subdivision (e) of this section, and all institutional third parties, including the Federal Home Loan Mortgage Corporation.
(g)Aggrieved person includes any person who claims to have been injured by a discriminatory housing practice or believes that the person will be injured by a discriminatory housing practice that is about to occur.
(h)Real estate-related transactions include any of the following:
(1)The making or purchasing of loans or providing other financial assistance that is for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or that is secured by residential real estate.
(2)The selling, brokering, or appraising of residential real property.
(3)The use of territorial underwriting requirements, for the purpose of requiring a borrower in a specific geographic area to obtain earthquake insurance, required by an institutional third party on a loan secured by residential real property.
(i)Source of income means lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant. Source of income includes a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher. For the purposes of this definition, a landlord is not considered a representative of a tenant.
SEC. 5.Section 12930 of the Government Code is amended to read:12930.The department shall have the following functions, powers, and duties:
(a)To establish and maintain a principal office and any other offices within the state as are necessary to carry out the purposes of this part.
(b)To meet and function at any place within the state.
(c)To appoint attorneys, investigators, conciliators, mediators, and other employees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.
(d)To obtain upon request and utilize the services of all governmental departments and agencies and, in addition, with respect to housing discrimination, of conciliation councils.
(e)To adopt, promulgate, amend, and rescind suitable procedural rules and regulations to carry out the investigation, prosecution, and dispute resolution functions and duties of the department pursuant to this part.
(f)(1)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Chapter 6 (commencing with Section 12940).
(2)To receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of the Civil Code. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(3)To receive, investigate, conciliate, mediate, and prosecute complaints alleging, and to bring civil actions pursuant to Section 52.5 of the Civil Code for, a violation of Section 236.1 of the Penal Code. Damages awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the person harmed by the violation of Section 236.1 of the Penal Code. Costs and attorneys fees awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the department. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(4)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1, except for complaints relating to educational equity brought under Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of Title 1 of the Education Code and investigated pursuant to the procedures set forth in Subchapter 5.1 of Title 5 of the California Code of Regulations, and not otherwise within the jurisdiction of the department.
(A)Nothing in this part prevents the director or the directors authorized representative, in that persons discretion, from making, signing, and filing a complaint pursuant to Section 12960 or 12961 alleging practices made unlawful under Section 11135.
(B)Remedies available to the department in conciliating, mediating, and prosecuting complaints alleging these practices are the same as those available to the department in conciliating, mediating, and prosecuting complaints alleging violations of Article 1 (commencing with Section 12940) of Chapter 6.
(g)In connection with any matter under investigation or in question before the department pursuant to a complaint filed under Section 12960, 12961, or 12980:
(1)To issue subpoenas to require the attendance and testimony of witnesses and the production of books, records, documents, and physical materials.
(2)To administer oaths, examine witnesses under oath and take evidence, and take depositions and affidavits.
(3)To issue written interrogatories.
(4)To request the production for inspection and copying of books, records, documents, and physical materials.
(5)To petition the superior courts to compel the appearance and testimony of witnesses, the production of books, records, documents, and physical materials, and the answering of interrogatories.
(h)To bring civil actions pursuant to Section 12965 or 12981 and to prosecute those civil actions before state and federal trial courts.
(i)To issue those publications and those results of investigations and research as in its judgment will tend to promote goodwill and minimize or eliminate discrimination in employment on the bases basis enumerated in this part and discrimination in housing because of race, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, veteran or military status, genetic information, or sexual orientation.
(j)To investigate, approve, certify, decertify, monitor, and enforce nondiscrimination programs proposed by a contractor to be engaged in pursuant to Section 12990.
(k)To render annually to the Governor and to the Legislature a written report of its activities and of its recommendations.
(l)To conduct mediations at any time after a complaint is filed pursuant to Section 12960, 12961, or 12980. The department may end mediation at any time.
(m)The following shall apply with respect to any accusation pending before the former Fair Employment and Housing Commission on or after January 1, 2013:
(1)If an accusation issued under former Section 12965 includes a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, or if an accusation is amended for the purpose of adding a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, with the consent of the party accused of engaging in unlawful practices, the department may withdraw an accusation and bring a civil action in superior court.
(2)If an accusation was issued under former Section 12981, with the consent of the aggrieved party filing the complaint an aggrieved person on whose behalf a complaint is filed, or the party accused of engaging in unlawful practices, the department may withdraw the accusation and bring a civil action in superior court.
(3)Where removal to court is not feasible, the department shall retain the services of the Office of Administrative Hearings to adjudicate the administrative action pursuant to Sections 11370.3 and 11502.
(n)On any Section 1094.5 Code of Civil Procedure challenge to a decision of the former Fair Employment and Housing Commission pending on or after January 1, 2013, the director or the directors designee shall consult with the Attorney General regarding the defense of that writ petition.
SEC. 5.5.Section 12930 of the Government Code is amended to read:12930.The department shall have the following functions, powers, and duties:
(a)To establish and maintain a principal office and any other offices within the state as are necessary to carry out the purposes of this part.
(b)To meet and function at any place within the state.
(c)To appoint attorneys, investigators, conciliators, mediators, and other employees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.
(d)To obtain upon request and utilize the services of all governmental departments and agencies and, in addition, with respect to housing discrimination, of conciliation councils.
(e)To adopt, promulgate, amend, and rescind suitable procedural rules and regulations to carry out the investigation, prosecution, and dispute resolution functions and duties of the department pursuant to this part.
(f)(1)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Chapter 6 (commencing with Section 12940).
(2)To receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of Section 51, 51.5, 51.7, 51.9, 54, 54.1, or 54.2 of the Civil Code. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(3)To receive, investigate, conciliate, mediate, and prosecute complaints alleging, and to bring civil actions pursuant to Section 52.5 of the Civil Code for, a violation of Section 236.1 of the Penal Code. Damages awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the person harmed by the violation of Section 236.1 of the Penal Code. Costs and attorneys fees awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the department. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(4)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1, except for complaints relating to educational equity brought under Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of Title 1 of the Education Code and investigated pursuant to the procedures set forth in Subchapter 5.1 of Title 5 of the California Code of Regulations, and not otherwise within the jurisdiction of the department.
(A)Nothing in this part prevents the director or the directors authorized representative, in that persons discretion, from making, signing, and filing a complaint pursuant to Section 12960 or 12961 alleging practices made unlawful under Section 11135.
(B)Remedies available to the department in conciliating, mediating, and prosecuting complaints alleging these practices are the same as those available to the department in conciliating, mediating, and prosecuting complaints alleging violations of Article 1 (commencing with Section 12940) of Chapter 6.
(g)In connection with any matter under investigation or in question before the department pursuant to a complaint filed under Section 12960, 12961, or 12980:
(1)To issue subpoenas to require the attendance and testimony of witnesses and the production of books, records, documents, and physical materials.
(2)To administer oaths, examine witnesses under oath and take evidence, and take depositions and affidavits.
(3)To issue written interrogatories.
(4)To request the production for inspection and copying of books, records, documents, and physical materials.
(5)To petition the superior courts to compel the appearance and testimony of witnesses, the production of books, records, documents, and physical materials, and the answering of interrogatories.
(h)To bring civil actions pursuant to Section 12965 or 12981 and to prosecute those civil actions before state and federal trial courts.
(i)To issue those publications and those results of investigations and research as in its judgment will tend to promote good will goodwill and minimize or eliminate discrimination in employment on the bases basis enumerated in this part and discrimination in housing because of race, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, veteran or military status, genetic information, or sexual orientation.
(j)To investigate, approve, certify, decertify, monitor, and enforce nondiscrimination programs proposed by a contractor to be engaged in pursuant to Section 12990.
(k)To render annually to the Governor and to the Legislature a written report of its activities and of its recommendations.
(l)To conduct mediations at any time after a complaint is filed pursuant to Section 12960, 12961, or 12980. The department may end mediation at any time.
(m)The following shall apply with respect to any accusation pending before the former Fair Employment and Housing Commission on or after January 1, 2013:
(1)If an accusation issued under former Section 12965 includes a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, or if an accusation is amended for the purpose of adding a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, with the consent of the party accused of engaging in unlawful practices, the department may withdraw an accusation and bring a civil action in superior court.
(2)If an accusation was issued under former Section 12981, with the consent of the aggrieved party filing the complaint an aggrieved person on whose behalf a complaint is filed, or the party accused of engaging in unlawful practices, the department may withdraw the accusation and bring a civil action in superior court.
(3)Where removal to court is not feasible, the department shall retain the services of the Office of Administrative Hearings to adjudicate the administrative action pursuant to Sections 11370.3 and 11502.
(n)On any Section 1094.5 Code of Civil Procedure challenge to a decision of the former Fair Employment and Housing Commission pending on or after January 1, 2013, the director or the directors designee shall consult with the Attorney General regarding the defense of that writ petition.
SEC. 6.Section 12931 of the Government Code is amended to read:12931.The department may also provide assistance to communities and persons therein in resolving disputes, disagreements, or difficulties relating to discriminatory practices based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, veteran or military status, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, familial status, age, or sexual orientation that impair the rights of persons in those communities under the Constitution or laws of the United States or of this state. The services of the department may be made available in cases of these disputes, disagreements, or difficulties only when, in its judgment, peaceful relations among the citizens of the community involved are threatened thereby. The departments services are to be made available only upon the request of an appropriate state or local public body, or upon the request of any person directly affected by any such dispute, disagreement, or difficulty.
The assistance of the department pursuant to this section shall be limited to endeavors at investigation, conference, conciliation, and persuasion.
SEC. 7.Section 12955 of the Government Code is amended to read:12955.It shall be unlawful:
(a)For the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information of that person.
(b)For the owner of any housing accommodation to make or to cause to be made any written or oral inquiry concerning the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, disability, veteran or military status, or genetic information of any person seeking to purchase, rent, or lease any housing accommodation.
(c)For any person to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a housing accommodation that indicates any preference, limitation, or discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information or an intention to make that preference, limitation, or discrimination.
(d)For any person subject to the provisions of Section 51 of the Civil Code, as that section applies to housing accommodations, to discriminate against any person on the basis of sex, gender, gender identity, gender expression, sexual orientation, color, race, religion, ancestry, national origin, familial status, marital status, disability, genetic information, source of income, veteran or military status, or on any other basis prohibited by that section. Selection preferences based on age, imposed in connection with a federally approved housing program, do not constitute age discrimination in housing.
(e)For any person, bank, mortgage company or other financial institution that provides financial assistance for the purchase, organization, or construction of any housing accommodation to discriminate against any person or group of persons because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in the terms, conditions, or privileges relating to the obtaining or use of that financial assistance.
(f)For any owner of housing accommodations to harass, evict, or otherwise discriminate against any person in the sale or rental of housing accommodations when the owners dominant purpose is retaliation against a person who has opposed practices unlawful under this section, informed law enforcement agencies of practices believed unlawful under this section, has testified or assisted in any proceeding under this part, or has aided or encouraged a person to exercise or enjoy the rights secured by this part. Nothing herein is intended to cause or permit the delay of an unlawful detainer action.
(g)For any person to aid, abet, incite, compel, or coerce the doing of any of the acts or practices declared unlawful in this section, or to attempt to do so.
(h)For any person, for profit, to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, source of income, familial status, veteran or military status, or national origin.
(i)For any person or other organization or entity whose business involves real estate-related transactions to discriminate against any person in making available a transaction, or in the terms and conditions of a transaction, because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, source of income, familial status, disability, veteran or military status, or genetic information.
(j)To deny a person access to, or membership or participation in, a multiple listing service, real estate brokerage organization, or other service because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, familial status, source of income, veteran or military status, or national origin.
(k)To otherwise make unavailable or deny a dwelling based on discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, source of income, disability, genetic information, veteran or military status, or national origin.
(l)To discriminate through public or private land use practices, decisions, and authorizations because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income, veteran or military status, or ancestry. Discrimination includes, but is not limited to, restrictive covenants, zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law (Title 7 (commencing with Section 65000)), that make housing opportunities unavailable.
Discrimination under this subdivision also includes the existence of a restrictive covenant, regardless of whether accompanied by a statement that the restrictive covenant is repealed or void.
(m)As used in this section, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information, includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.
(n)To use a financial or income standard in the rental of housing that fails to account for the aggregate income of persons residing together or proposing to reside together on the same basis as the aggregate income of married persons residing together or proposing to reside together.
(o)In instances where there is a government rent subsidy, to use a financial or income standard in assessing eligibility for the rental of housing that is not based on the portion of the rent to be paid by the tenant.
(p)(1)For the purposes of this section, source of income means lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant. Source of income includes a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher. For the purposes of this section, a landlord is not considered a representative of a tenant.
(2)For the purposes of this section, it shall not constitute discrimination based on source of income to make a written or oral inquiry concerning the level or source of income.
SEC. 8.Section 12955.8 of the Government Code is amended to read:12955.8.For purposes of this article, in connection with unlawful practices:
(a)Proof of an intentional violation of this article includes, but is not limited to, an act or failure to act that is otherwise covered by this part, that demonstrates an intent to discriminate in any manner in violation of this part. A person intends to discriminate if race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information is a motivating factor in committing a discriminatory housing practice even though other factors may have also motivated the practice. An intent to discriminate may be established by direct or circumstantial evidence.
(b)Proof of a violation causing a discriminatory effect is shown if an act or failure to act that is otherwise covered by this part, and that has the effect, regardless of intent, of unlawfully discriminating on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information. A business establishment whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of this part if the business establishment can establish that the action or inaction is necessary to the operation of the business and effectively carries out the significant business need it is alleged to serve. In cases that do not involve a business establishment, the person whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of this part if the person can establish that the action or inaction is necessary to achieve an important purpose sufficiently compelling to override the discriminatory effect and effectively carries out the purpose it is alleged to serve.
(1)Any determination of a violation pursuant to this subdivision shall consider whether or not there are feasible alternatives that would equally well or better accomplish the purpose advanced with a less discriminatory effect.
(2)For purposes of this subdivision, the term business establishment shall have the same meaning as in Section 51 of the Civil Code.
SEC. 9.Section 12956.1 of the Government Code is amended to read:12956.1.(a)As used in this section, association, governing documents, and declaration have the same meanings as set forth in Sections 4080, 4135, and 4150 or Sections 6528, 6546, and 6552 of the Civil Code.
(b)(1)A county recorder, title insurance company, escrow company, real estate broker, real estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover page or stamp on the first page of the previously recorded document or documents stating, in at least 14-point boldface type, the following:
If this document contains any restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.
(2)The requirements of paragraph (1) shall not apply to documents being submitted for recordation to a county recorder.
(c)Any person who records a document for the express purpose of adding a racially restrictive covenant is guilty of a misdemeanor. The county recorder shall not incur any liability for recording the document. Notwithstanding any other provision of law, a prosecution for a violation of this subdivision shall commence within three years after the discovery of the recording of the document.
SEC. 10.Section 12956.2 of the Government Code is amended to read:12956.2.(a)A person who holds an ownership interest of record in property that the person believes is the subject of an unlawfully restrictive covenant in violation of subdivision (l) of Section 12955 may record a document titled Restrictive Covenant Modification. The county recorder may choose to waive the fee prescribed for recording and indexing instruments pursuant to Section 27361 in the case of the modification document provided for in this section. The modification document shall include a complete copy of the original document containing the unlawfully restrictive language with the unlawfully restrictive language stricken.
(b)Before recording the modification document, the county recorder shall submit the modification document and the original document to the county counsel who shall determine whether the original document contains an unlawful restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry. The county counsel shall return the documents and inform the county recorder of its determination. The county recorder shall refuse to record the modification document if the county counsel finds that the original document does not contain an unlawful restriction as specified in this paragraph.
(c)The modification document shall be indexed in the same manner as the original document being modified. It shall contain a recording reference to the original document in the form of a book and page or instrument number, and date of the recording.
(d)Subject to covenants, conditions, and restrictions that were recorded after the recording of the original document that contains the unlawfully restrictive language and subject to covenants, conditions, and restrictions that will be recorded after the Restrictive Covenant Modification, the restrictions in the Restrictive Covenant Modification, once recorded, are the only restrictions having effect on the property. The effective date of the terms and conditions of the modification document shall be the same as the effective date of the original document.
(e)The county recorder shall make available to the public Restrictive Covenant Modification forms.
(f)If the holder of an ownership interest of record in property causes to be recorded a modified document pursuant to this section that contains modifications not authorized by this section, the county recorder shall not incur liability for recording the document. The liability that may result from the unauthorized recordation is the sole responsibility of the holder of the ownership interest of record who caused the modified recordation.
(g)This section does not apply to persons holding an ownership interest in property that is part of a common interest development as defined in Section 4100 or 6534 of the Civil Code if the board of directors of that common interest development is subject to the requirements of subdivision (b) of Section 4225 or of subdivision (b) of Section 6606 of the Civil Code.
SEC. 11.Section 5.5 of this bill incorporates amendments to Section 12930 of the Government Code proposed by both this bill and Senate Bill 224. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 12930 of the Government Code, and (3) this bill is enacted after Senate Bill 224, in which case Section 5 of this bill shall not become operative.
SEC. 11. SEC. 12.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature finds and declares that housing for veterans is of critical importance and that California must make it a priority to ensure that there is an adequate supply of housing for veterans.
The Legislature further declares that veterans are a priority and that we must ensure that they have all housing options available, which merits amendment to California law relating to source of income and federal Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers.
SEC. 2.Section 12920 of the Government Code is amended to read:12920.It is hereby declared as the public policy of this state that it is necessary to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
It is recognized that the practice of denying employment opportunity and discriminating in the terms of employment for these reasons foments domestic strife and unrest, deprives the state of the fullest utilization of its capacities for development and advancement, and substantially and adversely affects the interests of employees, employers, and the public in general.
Further, the practice of discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in housing accommodations is declared to be against public policy.
It is the purpose of this part to provide effective remedies that will eliminate these discriminatory practices.
This part shall be deemed an exercise of the police power of the state for the protection of the welfare, health, and peace of the people of this state.
SEC. 3.Section 12921 of the Government Code is amended to read:12921.(a)The opportunity to seek, obtain, and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status is hereby recognized as and declared to be a civil right.
(b)The opportunity to seek, obtain, and hold housing without discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, or any other basis prohibited by Section 51 of the Civil Code is hereby recognized as and declared to be a civil right.
SECTION 1.SEC. 4.Section 12927 of the Government Code is amended to read:12927.As used in this part in connection with housing accommodations, unless a different meaning clearly appears from the context:
(a)Affirmative actions means any activity for the purpose of eliminating discrimination in housing accommodations because of race, color, religion, sex, marital status, national origin, ancestry, familial status, or disability.
(b)Conciliation council means a nonprofit organization, or a city or county human relations commission, which provides education, factfinding, and mediation or conciliation services in resolution of complaints of housing discrimination.
(c)(1)Discrimination includes refusal to sell, rent, or lease housing accommodations; includes refusal to negotiate for the sale, rental, or lease of housing accommodations; includes representation that a housing accommodation is not available for inspection, sale, or rental when that housing accommodation is in fact so available; includes any other denial or withholding of housing accommodations; includes provision of inferior terms, conditions, privileges, facilities, or services in connection with those housing accommodations; includes harassment in connection with those housing accommodations; includes the cancellation or termination of a sale or rental agreement; includes the provision of segregated or separated housing accommodations; includes the refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the disabled person, if the modifications may be necessary to afford the disabled person full enjoyment of the premises, except that, in the case of a rental, the landlord may, where it is reasonable to do so condition permission for a modification on the renters agreeing to restore the interior of the premises to the condition that existed before the modification (other than for reasonable wear and tear), and includes refusal to make reasonable accommodations in rules, policies, practices, or services when these accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling.
(2)Discrimination does not include either of the following:
(A)Refusal to rent or lease a portion of an owner-occupied single-family house to a person as a roomer or boarder living within the household, provided that no more than one roomer or boarder is to live within the household, and the owner complies with subdivision (c) of Section 12955, which prohibits discriminatory notices, statements, and advertisements.
(B)Where the sharing of living areas in a single dwelling unit is involved, the use of words stating or tending to imply that the housing being advertised is available only to persons of one sex.
(d)Housing accommodation means any building, structure, or portion thereof that is occupied as, or intended for occupancy as, a residence by one or more families and any vacant land that is offered for sale or lease for the construction thereon of any building, structure, or portion thereof intended to be so occupied.
(e)Owner includes the lessee, sublessee, assignee, managing agent, real estate broker or salesperson, or any person having any legal or equitable right of ownership or possession or the right to rent or lease housing accommodations, and includes the state and any of its political subdivisions and any agency thereof.
(f)Person includes all individuals and entities that are described in Section 3602(d) of Title 42 of the United States Code, and in the definition of owner in subdivision (e) of this section, and all institutional third parties, including the Federal Home Loan Mortgage Corporation.
(g)Aggrieved person includes any person who claims to have been injured by a discriminatory housing practice or believes that the person will be injured by a discriminatory housing practice that is about to occur.
(h)Real estate-related transactions include any of the following:
(1)The making or purchasing of loans or providing other financial assistance that is for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or that is secured by residential real estate.
(2)The selling, brokering, or appraising of residential real property.
(3)The use of territorial underwriting requirements, for the purpose of requiring a borrower in a specific geographic area to obtain earthquake insurance, required by an institutional third party on a loan secured by residential real property.
(i)Source of income means lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant. Source of income includes a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher. For the purposes of this definition, a landlord is not considered a representative of a tenant.
SEC. 5.Section 12930 of the Government Code is amended to read:12930.The department shall have the following functions, powers, and duties:
(a)To establish and maintain a principal office and any other offices within the state as are necessary to carry out the purposes of this part.
(b)To meet and function at any place within the state.
(c)To appoint attorneys, investigators, conciliators, mediators, and other employees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.
(d)To obtain upon request and utilize the services of all governmental departments and agencies and, in addition, with respect to housing discrimination, of conciliation councils.
(e)To adopt, promulgate, amend, and rescind suitable procedural rules and regulations to carry out the investigation, prosecution, and dispute resolution functions and duties of the department pursuant to this part.
(f)(1)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Chapter 6 (commencing with Section 12940).
(2)To receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of the Civil Code. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(3)To receive, investigate, conciliate, mediate, and prosecute complaints alleging, and to bring civil actions pursuant to Section 52.5 of the Civil Code for, a violation of Section 236.1 of the Penal Code. Damages awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the person harmed by the violation of Section 236.1 of the Penal Code. Costs and attorneys fees awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the department. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(4)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1, except for complaints relating to educational equity brought under Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of Title 1 of the Education Code and investigated pursuant to the procedures set forth in Subchapter 5.1 of Title 5 of the California Code of Regulations, and not otherwise within the jurisdiction of the department.
(A)Nothing in this part prevents the director or the directors authorized representative, in that persons discretion, from making, signing, and filing a complaint pursuant to Section 12960 or 12961 alleging practices made unlawful under Section 11135.
(B)Remedies available to the department in conciliating, mediating, and prosecuting complaints alleging these practices are the same as those available to the department in conciliating, mediating, and prosecuting complaints alleging violations of Article 1 (commencing with Section 12940) of Chapter 6.
(g)In connection with any matter under investigation or in question before the department pursuant to a complaint filed under Section 12960, 12961, or 12980:
(1)To issue subpoenas to require the attendance and testimony of witnesses and the production of books, records, documents, and physical materials.
(2)To administer oaths, examine witnesses under oath and take evidence, and take depositions and affidavits.
(3)To issue written interrogatories.
(4)To request the production for inspection and copying of books, records, documents, and physical materials.
(5)To petition the superior courts to compel the appearance and testimony of witnesses, the production of books, records, documents, and physical materials, and the answering of interrogatories.
(h)To bring civil actions pursuant to Section 12965 or 12981 and to prosecute those civil actions before state and federal trial courts.
(i)To issue those publications and those results of investigations and research as in its judgment will tend to promote good will goodwill and minimize or eliminate discrimination in employment on the bases enumerated in this part and discrimination in housing because of race, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, veteran or military status, genetic information, or sexual orientation.
(j)To investigate, approve, certify, decertify, monitor, and enforce nondiscrimination programs proposed by a contractor to be engaged in pursuant to Section 12990.
(k)To render annually to the Governor and to the Legislature a written report of its activities and of its recommendations.
(l)To conduct mediations at any time after a complaint is filed pursuant to Section 12960, 12961, or 12980. The department may end mediation at any time.
(m)The following shall apply with respect to any accusation pending before the former Fair Employment and Housing Commission on or after January 1, 2013:
(1)If an accusation issued under former Section 12965 includes a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, or if an accusation is amended for the purpose of adding a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, with the consent of the party accused of engaging in unlawful practices, the department may withdraw an accusation and bring a civil action in superior court.
(2)If an accusation was issued under former Section 12981, with the consent of the aggrieved party filing the complaint an aggrieved person on whose behalf a complaint is filed, or the party accused of engaging in unlawful practices, the department may withdraw the accusation and bring a civil action in superior court.
(3)Where removal to court is not feasible, the department shall retain the services of the Office of Administrative Hearings to adjudicate the administrative action pursuant to Sections 11370.3 and 11502.
(n)On any Section 1094.5 Code of Civil Procedure challenge to a decision of the former Fair Employment and Housing Commission pending on or after January 1, 2013, the director or the directors designee shall consult with the Attorney General regarding the defense of that writ petition.
SEC. 6.Section 12931 of the Government Code is amended to read:12931.The department may also provide assistance to communities and persons therein in resolving disputes, disagreements, or difficulties relating to discriminatory practices based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, veteran or military status, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, familial status, age, or sexual orientation that impair the rights of persons in those communities under the Constitution or laws of the United States or of this state. The services of the department may be made available in cases of these disputes, disagreements, or difficulties only when, in its judgment, peaceful relations among the citizens of the community involved are threatened thereby. The departments services are to be made available only upon the request of an appropriate state or local public body, or upon the request of any person directly affected by any such dispute, disagreement, or difficulty.
The assistance of the department pursuant to this section shall be limited to endeavors at investigation, conference, conciliation, and persuasion.
SEC. 2.SEC. 7.Section 12955 of the Government Code is amended to read:12955.It shall be unlawful:
(a)For the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information of that person.
(b)For the owner of any housing accommodation to make or to cause to be made any written or oral inquiry concerning the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, disability, veteran or military status, or genetic information of any person seeking to purchase, rent, or lease any housing accommodation.
(c)For any person to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a housing accommodation that indicates any preference, limitation, or discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information or an intention to make that preference, limitation, or discrimination.
(d)For any person subject to the provisions of Section 51 of the Civil Code, as that section applies to housing accommodations, to discriminate against any person on the basis of sex, gender, gender identity, gender expression, sexual orientation, color, race, religion, ancestry, national origin, familial status, marital status, disability, genetic information, source of income, veteran or military status, or on any other basis prohibited by that section. Selection preferences based on age, imposed in connection with a federally approved housing program, do not constitute age discrimination in housing.
(e)For any person, bank, mortgage company or other financial institution that provides financial assistance for the purchase, organization, or construction of any housing accommodation to discriminate against any person or group of persons because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in the terms, conditions, or privileges relating to the obtaining or use of that financial assistance.
(f)For any owner of housing accommodations to harass, evict, or otherwise discriminate against any person in the sale or rental of housing accommodations when the owners dominant purpose is retaliation against a person who has opposed practices unlawful under this section, informed law enforcement agencies of practices believed unlawful under this section, has testified or assisted in any proceeding under this part, or has aided or encouraged a person to exercise or enjoy the rights secured by this part. Nothing herein is intended to cause or permit the delay of an unlawful detainer action.
(g)For any person to aid, abet, incite, compel, or coerce the doing of any of the acts or practices declared unlawful in this section, or to attempt to do so.
(h)For any person, for profit, to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, source of income, familial status, veteran or military status, or national origin.
(i)For any person or other organization or entity whose business involves real estate-related transactions to discriminate against any person in making available a transaction, or in the terms and conditions of a transaction, because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, source of income, familial status, disability, veteran or military status, or genetic information.
(j)To deny a person access to, or membership or participation in, a multiple listing service, real estate brokerage organization, or other service because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, familial status, source of income, veteran or military status, or national origin.
(k)To otherwise make unavailable or deny a dwelling based on discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, source of income, disability, genetic information, veteran or military status, or national origin.
(l)To discriminate through public or private land use practices, decisions, and authorizations because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income, veteran or military status, or ancestry. Discrimination includes, but is not limited to, restrictive covenants, zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law (Title 7 (commencing with Section 65000)), that make housing opportunities unavailable.
Discrimination under this subdivision also includes the existence of a restrictive covenant, regardless of whether accompanied by a statement that the restrictive covenant is repealed or void.
(m)As used in this section, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information, includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.
(n)To use a financial or income standard in the rental of housing that fails to account for the aggregate income of persons residing together or proposing to reside together on the same basis as the aggregate income of married persons residing together or proposing to reside together.
(o)In instances where there is a government rent subsidy, to use a financial or income standard in assessing eligibility for the rental of housing that is not based on the portion of the rent to be paid by the tenant.
(p)(1)For the purposes of this section, source of income means lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant. Source of income includes a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher. For the purposes of this section, a landlord is not considered a representative of a tenant.
(2)For the purposes of this section, it shall not constitute discrimination based on source of income to make a written or oral inquiry concerning the level or source of income.
SEC. 3.SEC. 8.Section 12955.8 of the Government Code is amended to read:12955.8.For purposes of this article, in connection with unlawful practices:
(a)Proof of an intentional violation of this article includes, but is not limited to, an act or failure to act that is otherwise covered by this part, that demonstrates an intent to discriminate in any manner in violation of this part. A person intends to discriminate if race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information is a motivating factor in committing a discriminatory housing practice even though other factors may have also motivated the practice. An intent to discriminate may be established by direct or circumstantial evidence.
(b)Proof of a violation causing a discriminatory effect is shown if an act or failure to act that is otherwise covered by this part, and that has the effect, regardless of intent, of unlawfully discriminating on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information. A business establishment whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of this part if the business establishment can establish that the action or inaction is necessary to the operation of the business and effectively carries out the significant business need it is alleged to serve. In cases that do not involve a business establishment, the person whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of this part if the person can establish that the action or inaction is necessary to achieve an important purpose sufficiently compelling to override the discriminatory effect and effectively carries out the purpose it is alleged to serve.
(1)Any determination of a violation pursuant to this subdivision shall consider whether or not there are feasible alternatives that would equally well or better accomplish the purpose advanced with a less discriminatory effect.
(2)For purposes of this subdivision, the term business establishment shall have the same meaning as in Section 51 of the Civil Code.
SEC. 4.SEC. 9.Section 12956.1 of the Government Code is amended to read:12956.1.(a)As used in this section, association, governing documents, and declaration have the same meanings as set forth in Sections 4080, 4135, and 4150 or Sections 6528, 6546, and 6552 of the Civil Code.
(b)(1)A county recorder, title insurance company, escrow company, real estate broker, real estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover page or stamp on the first page of the previously recorded document or documents stating, in at least 14-point boldface type, the following:
If this document contains any restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.
(2)The requirements of paragraph (1) shall not apply to documents being submitted for recordation to a county recorder.
(c)Any person who records a document for the express purpose of adding a racially restrictive covenant is guilty of a misdemeanor. The county recorder shall not incur any liability for recording the document. Notwithstanding any other provision of law, a prosecution for a violation of this subdivision shall commence within three years after the discovery of the recording of the document.
SEC. 5.SEC. 10.Section 12956.2 of the Government Code is amended to read:12956.2.(a)A person who holds an ownership interest of record in property that the person believes is the subject of an unlawfully restrictive covenant in violation of subdivision (l) of Section 12955 may record a document titled Restrictive Covenant Modification. The county recorder may choose to waive the fee prescribed for recording and indexing instruments pursuant to Section 27361 in the case of the modification document provided for in this section. The modification document shall include a complete copy of the original document containing the unlawfully restrictive language with the unlawfully restrictive language stricken.
(b)Before recording the modification document, the county recorder shall submit the modification document and the original document to the county counsel who shall determine whether the original document contains an unlawful restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry. The county counsel shall return the documents and inform the county recorder of its determination. The county recorder shall refuse to record the modification document if the county counsel finds that the original document does not contain an unlawful restriction as specified in this paragraph.
(c)The modification document shall be indexed in the same manner as the original document being modified. It shall contain a recording reference to the original document in the form of a book and page or instrument number, and date of the recording.
(d)Subject to covenants, conditions, and restrictions that were recorded after the recording of the original document that contains the unlawfully restrictive language and subject to covenants, conditions, and restrictions that will be recorded after the Restrictive Covenant Modification, the restrictions in the Restrictive Covenant Modification, once recorded, are the only restrictions having effect on the property. The effective date of the terms and conditions of the modification document shall be the same as the effective date of the original document.
(e)The county recorder shall make available to the public Restrictive Covenant Modification forms.
(f)If the holder of an ownership interest of record in property causes to be recorded a modified document pursuant to this section that contains modifications not authorized by this section, the county recorder shall not incur liability for recording the document. The liability that may result from the unauthorized recordation is the sole responsibility of the holder of the ownership interest of record who caused the modified recordation.
(g)This section does not apply to persons holding an ownership interest in property that is part of a common interest development as defined in Section 4100 or 6534 of the Civil Code if the board of directors of that common interest development is subject to the requirements of subdivision (b) of Section 4225 or of subdivision (b) of Section 6606 of the Civil Code.
SEC. 6.SEC. 11.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
As used in this part in connection with housing accommodations, unless a different meaning clearly appears from the context:
(a)Affirmative actions means any activity for the purpose of eliminating discrimination in housing accommodations because of race, color, religion, sex, marital status, national origin, ancestry, familial status, or disability.
(b)Conciliation council means a nonprofit organization, or a city or county human relations commission, which provides education, factfinding, and mediation or conciliation services in resolution of complaints of housing discrimination.
(c)(1)Discrimination includes refusal to sell, rent, or lease housing accommodations; includes refusal to negotiate for the sale, rental, or lease of housing accommodations; includes representation that a housing accommodation is not available for inspection, sale, or rental when that housing accommodation is in fact so available; includes any other denial or withholding of housing accommodations; includes provision of inferior terms, conditions, privileges, facilities, or services in connection with those housing accommodations; includes harassment in connection with those housing accommodations; includes the cancellation or termination of a sale or rental agreement; includes the provision of segregated or separated housing accommodations; includes the refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the disabled person, if the modifications may be necessary to afford the disabled person full enjoyment of the premises, except that, in the case of a rental, the landlord may, where it is reasonable to do so condition permission for a modification on the renters agreeing to restore the interior of the premises to the condition that existed before the modification (other than for reasonable wear and tear), and includes refusal to make reasonable accommodations in rules, policies, practices, or services when these accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling.
(2)Discrimination does not include either of the following:
(A)Refusal to rent or lease a portion of an owner-occupied single-family house to a person as a roomer or boarder living within the household, provided that no more than one roomer or boarder is to live within the household, and the owner complies with subdivision (c) of Section 12955, which prohibits discriminatory notices, statements, and advertisements.
(B)Where the sharing of living areas in a single dwelling unit is involved, the use of words stating or tending to imply that the housing being advertised is available only to persons of one sex.
(d)Housing accommodation means any building, structure, or portion thereof that is occupied as, or intended for occupancy as, a residence by one or more families and any vacant land that is offered for sale or lease for the construction thereon of any building, structure, or portion thereof intended to be so occupied.
(e)Owner includes the lessee, sublessee, assignee, managing agent, real estate broker or salesperson, or any person having any legal or equitable right of ownership or possession or the right to rent or lease housing accommodations, and includes the state and any of its political subdivisions and any agency thereof.
(f)Person includes all individuals and entities that are described in Section 3602(d) of Title 42 of the United States Code, and in the definition of owner in subdivision (e) of this section, and all institutional third parties, including the Federal Home Loan Mortgage Corporation.
(g)Aggrieved person includes any person who claims to have been injured by a discriminatory housing practice or believes that the person will be injured by a discriminatory housing practice that is about to occur.
(h)Real estate-related transactions include any of the following:
(1)The making or purchasing of loans or providing other financial assistance that is for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or that is secured by residential real estate.
(2)The selling, brokering, or appraising of residential real property.
(3)The use of territorial underwriting requirements, for the purpose of requiring a borrower in a specific geographic area to obtain earthquake insurance, required by an institutional third party on a loan secured by residential real property.
(i)Source of income means lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant.Source of income includes a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher. For the purposes of this definition, a landlord is not considered a representative of a tenant.
SEC. 2.Section 12955 of the Government Code is amended to read:12955.It shall be unlawful:
(a)For the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information of that person.
(b)For the owner of any housing accommodation to make or to cause to be made any written or oral inquiry concerning the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, disability, veteran or military status, or genetic information of any person seeking to purchase, rent, or lease any housing accommodation.
(c)For any person to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a housing accommodation that indicates any preference, limitation, or discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information or an intention to make that preference, limitation, or discrimination.
(d)For any person subject to the provisions of Section 51 of the Civil Code, as that section applies to housing accommodations, to discriminate against any person on the basis of sex, gender, gender identity, gender expression, sexual orientation, color, race, religion, ancestry, national origin, familial status, marital status, disability, genetic information, source of income, veteran or military status, or on any other basis prohibited by that section. Selection preferences based on age, imposed in connection with a federally approved housing program, do not constitute age discrimination in housing.
(e)For any person, bank, mortgage company or other financial institution that provides financial assistance for the purchase, organization, or construction of any housing accommodation to discriminate against any person or group of persons because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in the terms, conditions, or privileges relating to the obtaining or use of that financial assistance.
(f)For any owner of housing accommodations to harass, evict, or otherwise discriminate against any person in the sale or rental of housing accommodations when the owners dominant purpose is retaliation against a person who has opposed practices unlawful under this section, informed law enforcement agencies of practices believed unlawful under this section, has testified or assisted in any proceeding under this part, or has aided or encouraged a person to exercise or enjoy the rights secured by this part. Nothing herein is intended to cause or permit the delay of an unlawful detainer action.
(g)For any person to aid, abet, incite, compel, or coerce the doing of any of the acts or practices declared unlawful in this section, or to attempt to do so.
(h)For any person, for profit, to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, source of income, familial status, veteran or military status, or national origin.
(i)For any person or other organization or entity whose business involves real estate-related transactions to discriminate against any person in making available a transaction, or in the terms and conditions of a transaction, because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, source of income, familial status, disability, veteran or military status, or genetic information.
(j)To deny a person access to, or membership or participation in, a multiple listing service, real estate brokerage organization, or other service because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, familial status, source of income, veteran or military status, or national origin.
(k)To otherwise make unavailable or deny a dwelling based on discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, source of income, disability, genetic information, veteran or military status, or national origin.
(l)To discriminate through public or private land use practices, decisions, and authorizations because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income, veteran or military status, or ancestry. Discrimination includes, but is not limited to, restrictive covenants, zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law (Title 7 (commencing with Section 65000)), that make housing opportunities unavailable.
Discrimination under this subdivision also includes the existence of a restrictive covenant, regardless of whether accompanied by a statement that the restrictive covenant is repealed or void.
(m)As used in this section, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information, includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.
(n)To use a financial or income standard in the rental of housing that fails to account for the aggregate income of persons residing together or proposing to reside together on the same basis as the aggregate income of married persons residing together or proposing to reside together.
(o)In instances where there is a government rent subsidy, to use a financial or income standard in assessing eligibility for the rental of housing that is not based on the portion of the rent to be paid by the tenant.
(p)(1)For the purposes of this section, source of income means lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant. Source of income includes a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher. For the purposes of this section, a landlord is not considered a representative of a tenant.
(2)For the purposes of this section, it shall not constitute discrimination based on source of income to make a written or oral inquiry concerning the level or source of income.
SEC. 3.Section 12955.8 of the Government Code is amended to read:12955.8.For purposes of this article, in connection with unlawful practices:
(a)Proof of an intentional violation of this article includes, but is not limited to, an act or failure to act that is otherwise covered by this part, that demonstrates an intent to discriminate in any manner in violation of this part. A person intends to discriminate if race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information is a motivating factor in committing a discriminatory housing practice even though other factors may have also motivated the practice. An intent to discriminate may be established by direct or circumstantial evidence.
(b)Proof of a violation causing a discriminatory effect is shown if an act or failure to act that is otherwise covered by this part, and that has the effect, regardless of intent, of unlawfully discriminating on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information. A business establishment whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of this part if the business establishment can establish that the action or inaction is necessary to the operation of the business and effectively carries out the significant business need it is alleged to serve. In cases that do not involve a business establishment, the person whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of this part if the person can establish that the action or inaction is necessary to achieve an important purpose sufficiently compelling to override the discriminatory effect and effectively carries out the purpose it is alleged to serve.
(1)Any determination of a violation pursuant to this subdivision shall consider whether or not there are feasible alternatives that would equally well or better accomplish the purpose advanced with a less discriminatory effect.
(2)For purposes of this subdivision, the term business establishment shall have the same meaning as in Section 51 of the Civil Code.
SEC. 4.Section 12956.1 of the Government Code is amended to read:12956.1.(a)As used in this section, association, governing documents, and declaration have the same meanings as set forth in Sections 4080, 4135, and 4150 or Sections 6528, 6546, and 6552 of the Civil Code.
(b)(1)A county recorder, title insurance company, escrow company, real estate broker, real estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover page or stamp on the first page of the previously recorded document or documents stating, in at least 14-point boldface type, the following:
If this document contains any restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.
(2)The requirements of paragraph (1) shall not apply to documents being submitted for recordation to a county recorder.
(c)Any person who records a document for the express purpose of adding a racially restrictive covenant is guilty of a misdemeanor. The county recorder shall not incur any liability for recording the document. Notwithstanding any other provision of law, a prosecution for a violation of this subdivision shall commence within three years after the discovery of the recording of the document.
SEC. 5.Section 12956.2 of the Government Code is amended to read:12956.2.(a)A person who holds an ownership interest of record in property that the person believes is the subject of an unlawfully restrictive covenant in violation of subdivision (l) of Section 12955 may record a document titled Restrictive Covenant Modification. The county recorder may choose to waive the fee prescribed for recording and indexing instruments pursuant to Section 27361 in the case of the modification document provided for in this section. The modification document shall include a complete copy of the original document containing the unlawfully restrictive language with the unlawfully restrictive language stricken.
(b)Before recording the modification document, the county recorder shall submit the modification document and the original document to the county counsel who shall determine whether the original document contains an unlawful restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry. The county counsel shall return the documents and inform the county recorder of its determination. The county recorder shall refuse to record the modification document if the county counsel finds that the original document does not contain an unlawful restriction as specified in this paragraph.
(c)The modification document shall be indexed in the same manner as the original document being modified. It shall contain a recording reference to the original document in the form of a book and page or instrument number, and date of the recording.
(d)Subject to covenants, conditions, and restrictions that were recorded after the recording of the original document that contains the unlawfully restrictive language and subject to covenants, conditions, and restrictions that will be recorded after the Restrictive Covenant Modification, the restrictions in the Restrictive Covenant Modification, once recorded, are the only restrictions having effect on the property. The effective date of the terms and conditions of the modification document shall be the same as the effective date of the original document.
(e)The county recorder shall make available to the public Restrictive Covenant Modification forms.
(f)If the holder of an ownership interest of record in property causes to be recorded a modified document pursuant to this section that contains modifications not authorized by this section, the county recorder shall not incur liability for recording the document. The liability that may result from the unauthorized recordation is the sole responsibility of the holder of the ownership interest of record who caused the modified recordation.
(g)This section does not apply to persons holding an ownership interest in property that is part of a common interest development as defined in Section 4100 or 6534 of the Civil Code if the board of directors of that common interest development is subject to the requirements of subdivision (b) of Section 4225 or of subdivision (b) of Section 6606 of the Civil Code.
SEC. 6.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.The Legislature finds and declares all of the following:(a)Effective high-occupancy vehicle (HOV) lane performance is critical to the states clean air and climate protection strategy.(b)The goal of HOV lanes is to reduce traffic congestion and improve air quality by providing a time-saving incentive for motorists to carpool or use shuttles or public transportation.(c)Express lanes are high-occupancy toll (HOT) lanes that allow eligible carpools and clean air vehicles to use the lanes for free, or at a discounted toll, and allow single-occupancy vehicles to pay a toll to use the lanes.(d)According to the Department of Transportation, there were 1,765 miles of HOV lanes and express lanes in California in 2016.(e)Statewide, approximately two-thirds of the 1,322 miles of HOV and express lanes monitored by the department in 2016 failed to achieve the minimum federal performance standard of speeds of 45 miles-per-hour or more at least 90 percent of the time over a consecutive 180-day period according to the 2016 California High-Occupancy Vehicle Lane Degradation Determination Report.(f)Of the total lane miles monitored by the department, 43 percent were extremely degraded, failing to achieve the federal performance standard more than 75 percent of the time.(g)In the San Francisco Bay Area and Los Angeles regions, HOV and express lanes are failing the federal performance standard at rates of 64 percent and 45 percent, respectively.(h)Usage of HOV and express lanes in violation of their occupancy requirements is a leading cause of HOV lane degradation and a growing problem.(i)Many corridors in the San Francisco Bay Area and Los Angeles regions exhibit unacceptable violation rates above 20 percent.SEC. 2.It is the intent of the Legislature to enact legislation to improve the performance of HOV and HOT lanes by providing additional resources for, and authorizing new approaches to, the enforcement of applicable lane occupancy requirements.The Legislature finds and declares all of the following:
(a)Effective high-occupancy vehicle (HOV) lane performance is critical to the states clean air and climate protection strategy.
(b)The goal of HOV lanes is to reduce traffic congestion and improve air quality by providing a time-saving incentive for motorists to carpool or use shuttles or public transportation.
(c)Express lanes are high-occupancy toll (HOT) lanes that allow eligible carpools and clean air vehicles to use the lanes for free, or at a discounted toll, and allow single-occupancy vehicles to pay a toll to use the lanes.
(d)According to the Department of Transportation, there were 1,765 miles of HOV lanes and express lanes in California in 2016.
(e)Statewide, approximately two-thirds of the 1,322 miles of HOV and express lanes monitored by the department in 2016 failed to achieve the minimum federal performance standard of speeds of 45 miles-per-hour or more at least 90 percent of the time over a consecutive 180-day period according to the 2016 California High-Occupancy Vehicle Lane Degradation Determination Report.
(f)Of the total lane miles monitored by the department, 43 percent were extremely degraded, failing to achieve the federal performance standard more than 75 percent of the time.
(g)In the San Francisco Bay Area and Los Angeles regions, HOV and express lanes are failing the federal performance standard at rates of 64 percent and 45 percent, respectively.
(h)Usage of HOV and express lanes in violation of their occupancy requirements is a leading cause of HOV lane degradation and a growing problem.
(i)Many corridors in the San Francisco Bay Area and Los Angeles regions exhibit unacceptable violation rates above 20 percent.
SEC. 2.It is the intent of the Legislature to enact legislation to improve the performance of HOV and HOT lanes by providing additional resources for, and authorizing new approaches to, the enforcement of applicable lane occupancy requirements.
|
Date
|
Status
|
|---|---|
| Sep 30, 2018 | In Senate. Consideration of Governor's veto pending. |
| Sep 30, 2018 | Vetoed by the Governor. |
| Aug 28, 2018 | Enrolled and presented to the Governor at 3:30 p.m. |
| Aug 21, 2018 | Assembly amendments concurred in. (Ayes 30. Noes 3.) Ordered to engrossing and enrolling. |
| Aug 21, 2018 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 20, 2018 | Read third time. Passed. Ordered to the Senate. |
| Aug 16, 2018 | Read third time and amended. |
| Aug 13, 2018 | Read third time and amended. |
| Jun 28, 2018 | Read second time. Ordered to third reading. |
| Jun 27, 2018 | From committee: Do pass. (Ayes 13. Noes 0.) (June 27). |
| Jun 12, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 12). Re-referred to Com. on APPR. |
| Jun 7, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD. |
| May 25, 2018 | Referred to Com. on JUD. |
| May 10, 2018 | In Assembly. Read first time. Held at Desk. |
| May 10, 2018 | Read third time. Passed. (Ayes 30. Noes 4.) Ordered to the Assembly. |
| May 8, 2018 | Read second time. Ordered to third reading. |
| May 7, 2018 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Apr 27, 2018 | Set for hearing May 7. |
| Apr 25, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 24). Re-referred to Com. on APPR. |
| Apr 17, 2018 | Set for hearing April 24. |
| Apr 12, 2018 | Re-referred to Com. on JUD. |
| Apr 4, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Mar 8, 2018 | Referred to Com. on RLS. |
| Feb 20, 2018 | From printer. May be acted upon on or after March 22. |
| Feb 16, 2018 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 21, 2018 | Unfinished Business SB1427 Hill Concurrence | Senate Floor |
Passed |
|
| Aug 20, 2018 | SB 1427 Hill Senate Third Reading By IRWIN | Assembly Floor |
Passed |
|
| Jun 27, 2018 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 12, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Judiciary |
Passed |
|
| May 10, 2018 | Senate 3rd Reading SB1427 Hill | Senate Floor |
Passed |
|
| Apr 24, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American GI Forum of California | ** Support | Oct 11, 2018 |
| American Legion-Department of California | ** Support | Oct 11, 2018 |
| AMVETS - Department of California | ** Support | Oct 11, 2018 |
| Apartment Association of Greater Los Angeles | ** Against | Oct 11, 2018 |
| Apartment Association Of Orange County | ** Against | Oct 11, 2018 |
| Apartment Association of Southern California Cities | ** Against | Jun 9, 2018 |
| Apartment Association, California Southern Cities | ** Against | Oct 11, 2018 |
| California Apartment Association | ** Against | May 9, 2018 |
| California Association Of County Veterans Service Officers | ** Support | Oct 11, 2018 |
| California Association Of Realtors | ** Against | Oct 11, 2018 |
| California Association of Veteran Service Agencies | ** Support | Jun 9, 2018 |
| California Association Of Veterans Service Agencies | ** Support | Oct 11, 2018 |
| California Building Industry Association | ** Against | May 9, 2018 |
| California Chamber Of Commerce | ** Against | May 9, 2018 |
| California State Commanders Veterans Council | ** Support | Oct 11, 2018 |
| East Bay Rental Housing Association | ** Against | Oct 11, 2018 |
| Los Angeles County District Attorney'S Office | * Support | Jun 12, 2018 |
| National Association of Social Workers | * Support | Apr 24, 2018 |
| National Association of Social Workers - California Chapter | ** Support | Oct 11, 2018 |
| National Guard Association Of California | ** Support | Oct 11, 2018 |
| North Valley Property Owners Association | ** Against | Oct 11, 2018 |
| Public Counsel | ** Support | Oct 11, 2018 |
| Reeve Government Relations | * Support | Jun 12, 2018 |
| San Diego County Apartment Association | ** Against | Oct 11, 2018 |
| Santa Barbara Rental Property Association | ** Against | Oct 11, 2018 |
| Veterans Legal Institute | ** Support | Oct 11, 2018 |
| Vietnam Veterans Of America, California State Council | ** Support | Oct 11, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1427 |
VETO
Bill No: SB 1427
Amended: 8/16/18
SENATE JUDICIARY COMMITTEE: 6-0, 4/24/18
AYES: Jackson, Anderson, Hertzberg, Monning, Stern, Wieckowski
NO VOTE RECORDED: Moorlach
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 31-4, 5/10/18
AYES: Allen, Atkins, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Galgiani, Glazer, Hernandez, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Wieckowski, Wiener, Wilk
NOES: Anderson, Bates, Stone, Vidak
NO VOTE RECORDED: Fuller, Gaines, Hertzberg, Moorlach
SENATE FLOOR: 30-3, 8/21/18
AYES: Allen, Atkins, Beall, Bradford, Cannella, Chang, De León, Delgado, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Wieckowski, Wiener, Wilk
NOES: Anderson, Stone, Vidak
NO VOTE RECORDED: Bates, Berryhill, Dodd, Fuller, Gaines, Moorlach, Morrell
ASSEMBLY FLOOR: 60-0, 8/20/18 - See last page for vote
SUBJECT: Discrimination: veteran or military status
DIGEST:
This bill underscores that housing discrimination on account of “military or veteran status” is unlawful in California by explicitly incorporating “military or veteran status” as protected category under the Fair Employment and Housing Act (FEHA). In addition, by defining a Veterans Affairs Supportive Housing (VASH) voucher as a “source of income” for purposes of FEHA, this bill prohibits landlords from refusing to rent to a prospective tenant solely because the applicant proposes to pay part or all of the rent using a VASH voucher.
Existing law:
- Declares it to be against public policy to discriminate on the bases of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information in housing accommodations. (Gov. Code Sec. 12920.)
- Provides that the opportunity to seek, obtain, and hold housing without discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, genetic information, or any other basis prohibited by Civil Code Section 51 is hereby recognized as and declared to be a civil right. (Gov. Code Sec. 12921(b).)
- Defines “source of income” for housing accommodations to mean lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant while specifying that a landlord is not considered a representative of a tenant. (Gov. Code Sec. 12927(i).)
- Tasks the Department of Fair Employment and Housing with issuing publications and research to minimize or eliminate discrimination in employment and housing based on race, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, genetic information, or sexual orientation. (Gov. Code Sec. 12930(i).)
- Allows the Department of Fair Employment and Housing to assist communities and individuals with disputes, disagreements, or difficulties relating to discriminatory practices based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, familial status, age, or sexual orientation that impair the rights of persons in those communities under the Constitution or laws of the United States or of this state. (Gov. Code Sec. 12931.)
- Prohibits various discriminatory housing accommodation practices based on any of the following: source of income, race, color, religion, sex gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, disability, or genetic information. (Gov. Code Sec. 12955.)
- Requires that any declaration, governing document or deed related to a common interest development include written notice about prohibitions on restrictions based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income, or ancestry. (Gov. Code Sec. 12956.1.)
- Provides, pursuant to the Unruh Civil Rights Act, that all persons within the jurisdiction of the state are free and equal and are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. (Civ. Code Sec. 51(b).)
This bill:
- Makes uncodified declarations and findings, including that:
- Housing for veterans is of critical importance and that California must make it a priority to ensure that there is an adequate supply of housing for veterans; and
- Veterans are a priority and that we must ensure that they have all housing options available, which merits amendments to California law relating to source of income and federal Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers.
- Provides that prohibitions against source of income discrimination in housing accommodations shall apply to a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher.
- Prohibits housing discrimination based on veteran or military status, including discrimination in advertisements and in documents related to common interest developments.
- Authorizes the Department of Fair Employment and Housing, upon the request of certain parties, to provide assistance to communities and persons in resolving disputes, disagreements, or difficulties relating to discriminatory practices based upon military or veteran status.
- Tasks the Department of Fair Employment and Housing to issue publications and results of investigations and research that promote goodwill and minimize or eliminate discrimination in employment and discrimination in housing because of an individual's military or veteran status.
- Includes chaptering out language to avoid a potential conflict with SB 224 (Jackson, Chapter 951, Statutes of 2018) of the current legislative session.
Background
Homelessness among military veterans is a major problem. According to the U.S. Veterans Administration and the U.S. Department of Housing and Urban Development, as of 2012 there were approximately 62,619 homeless veterans nationwide, of which about a quarter were located in California. While the California Department of Veterans Affairs reports that the number of homeless veterans in the state “has been nearly cut in half” in recent years, there is general agreement that the homelessness rate among veterans remains unacceptably high. (Ibid.)
The high cost of housing is one major part of the problem. According to a 2013 National Low-Income Housing Coalition study on the topic, 1.5 million veteran households suffered from severe housing cost burden in 2011, spending more than 50% of their income on housing. There were also significant disparities among veteran households, with veteran households headed by a racial minority, females, and those with a disability more likely to be cost burdened than their counterparts.
Medical and psychological conditions act as further barriers to stable housing. According to the California Department of Veterans Affairs:
Veterans often suffer from conditions that make it difficult to find and maintain gainful employment and pay for housing. Along with the high rates of post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI), the VA has found that approximately 55% of homeless veterans suffer from mental health issues, 70% are affected by substance abuse issues, and 40% of female homeless veterans report experience [sic] severe forms of mental illness, mostly due to higher rates of military sexual trauma (MST).
VASH vouchers aim to address both of these challenges simultaneously. VASH vouchers subsidize rental payments for homeless veterans and come along with supportive services in the form of case management and clinical services. For these reasons, VASH vouchers can be an important tool for combatting homelessness among veterans. A 2016 Orange County Register article aptly described HUD-VASH vouchers as “Section 8 Housing vouchers dressed up in camouflage” though it is important to note that Section 8 vouchers, which are available on a limited basis to eligible low-income households, do not come with supportive services..
Under existing California law, however, landlords are not obligated to consider applicants with VASH vouchers and many, evidently, will not. The Los Angeles Housing Authority reports data showing, for instance, that HUD-VASH housing vouchers have the lowest success rate amongst housing vouchers the Authority issues, where “success” is defined as placing the voucher recipient in a rental unit. The success rate for general (non-veteran) Housing Choice Voucher recipients is 60 percent. The success rate for the Authorities other non-veteran housing vouchers is 67 percent. By comparison, the success rate for HUD-VASH vouchers is a mere 33 percent.
A National Public Radio story on the issue observed that the fact that California currently allows landlords to refuse to rent to HUD-VASH voucher holders “is seen as one reason that Los Angeles has the largest number of homeless vets nationwide, a number that rose last year.”
This bill defines a VASH voucher as a “source of income” for purposes of FEHA. Since FEHA prohibits housing discrimination based on “source of income,” (Gov. Code Sec. 12955(a)), the bill would have the effect of making it unlawful for landlords to refuse to rent to a tenant merely because the tenant proposes to pay part or all of the rent through the use of a VASH voucher.
At the same time, the bill incorporates “military or veteran status” into the list of characteristics protected against housing discrimination by FEHA, thus adding an additional layer to existing protections against such discrimination under California law.
Comments
- Comparison to employment discrimination law. FEHA, as the name implies, protects Californians’ civil rights in the workplace and in housing.
On the employment side of the ledger, FEHA’s provisions explicitly protect people from discrimination and harassment on account of “race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status” (Gov. Code Sec. 12940(a) and (j).) On the housing side, by contrast, the relevant statute says that those providing housing accommodations shall not discriminate “because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information.” (Gov. Code Sec. 12955(a).)
By inserting “military and veteran status” into FEHA’s provisions regarding housing discrimination, this bill brings California’s housing discrimination laws into greater harmony with its employment discrimination laws..
- Landlord requirements associated with VASH Vouchers. From the landlord’s perspective, renting to a tenant who will pay part or all of the rent with a VASH voucher is not as simple as just moving the person in and accepting rent payments. Before the federal government will subsidize rent payments to a landlord on behalf of a tenant, the landlord must comply with certain requirements. In summary form, those requirements are:
- the landlord must apply to the local public housing authority to be put on the list of approved HUD-VASH properties;
- the landlord must attend an informational session regarding the landlord’s rights and responsibilities as a participant in the HUD-VASH program;
- the landlord must schedule a HUD Housing Quality Standards inspection to ensure the property meets minimum residential housing codes; and
- the landlord and tenant must a sign a lease that complies with HUD-VASH lease requirements.
Since landlords must go through these steps to rent to a VASH voucher holder, prohibiting landlords from refusing to rent to a VASH voucher, as this bill would do, would have the effect of requiring landlords to go through the VASH voucher landlord process.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee, minor costs, if any, to the Department of Fair Employment and Housing to provide assistance related to resolution of disputes regarding discriminatory practices based on veteran or military status.
American GI Forum of California
American Legion-Department of California
AMVETS - Department of California
California Association of County Veterans Service Officers
California Association of Veterans Service Agencies
California State Commanders Veterans Council
Military Officers Association of America, California Council of Chapters
National Association of Social Workers – California Chapter
National Guard Association of California
Public Counsel
Veterans Legal Institute
Vietnam Veterans of America, California State Council
OPPOSITION: (Verified 10/8/18)
Apartment Association of Greater Los Angeles
Apartment Association of Orange County
Apartment Association, California Southern Cities
California Association of Realtors
East Bay Rental Housing Association
North Valley Property Owners Association
San Diego County Apartment Association
Santa Barbara Rental Property Association
ARGUMENTS IN SUPPORT: According to the author:
SB 1427 would protect veterans and military personnel from housing discrimination and ensure that landlords cannot deny homeless veterans housing based solely on the fact that they receive a rental assistance voucher.
U.S. veterans and those currently serving in the armed forces are protected from employment discrimination by the California Fair Employment and Housing Act. However, the law does not specifically include veterans or military personnel among those who are protected from housing discrimination. SB 1427 would address this gap by adding veterans and military personnel as a protected class in statutes relating to housing discrimination.
Veterans and military personnel face significant housing challenges. California has the largest number of veterans experiencing homelessness at 9,612. Homeless veterans in California represented 24 percent of the national homeless veteran population. SB 1427 will ensure veterans and military personnel are not discriminated against in housing and are not denied housing because of how they pay their rent.
In support, the California Association of Veterans Service Agencies writes:
Veterans and military personnel face significant housing challenges. California has the largest number of veterans experiencing homelessness at 9,612. SB 1427 will ensure veterans and military personnel are not discriminated against in housing and are not denied housing because of how they pay their rent.
ARGUMENTS IN OPPOSITION: In opposition to the bill unless amended, the Apartment Association, California Southern Cities, the Apartment Association of Orange County, the East Bay Rental Housing Association, and the North Valley Property Owners Association write:
Our opposition is not a matter of supporting or not supporting veterans; instead, this is a freedom of contract issue, and the right of rental property owners to control the speedy process of filling vacancies. […]
Senator Hill’s bill, while commendable and supportable in many respects, should be amended to ensure rental property owners are not forced to participate involuntarily in the federal Veterans Affairs Supportive Housing (VASH) voucher program. […]
The forced contracting provision is objectionable on several grounds. It abridged the freedom of contract right. It forces owners to accept unpalatable lease terms and regulations, while forcing owners to keep property off of the market for lengthy periods of time. The costs to comply include modifications and improvements, and lost income from delays in filling vacancies.
GOVERNOR'S VETO MESSAGE:
I am returning Senate Bill 1427 without my signature.
This bill would add veterans and military personnel as a protected class under the Fair Employment and Housing Act. It also prohibits landlords and property owners from refusing to accept federal Veterans Affairs Supportive Housing vouchers as a source of income for payment of rent.
We should support our veterans and military personnel, but this bill goes too far. Specifically, it forces landlords and property owners to take part in what has always been a voluntary federal program with numerous requirements. These include registration with a local housing authority, participation in training, property inspections and modification of leases to conform with federal standards.
I don't believe a mandate to comply with all these requirements is warranted.
ASSEMBLY FLOOR: 60-0, 8/20/18
AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bonta, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Chu, Cooper, Cunningham, Eggman, Frazier, Friedman, Gabriel, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Low, Maienschein, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rivas, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon
NO VOTE RECORDED: Travis Allen, Bigelow, Brough, Chávez, Choi, Cooley, Dahle, Daly, Flora, Fong, Gallagher, Grayson, Kiley, Mathis, Mayes, Obernolte, Patterson, Steinorth, Voepel, Waldron
Prepared by: Timothy Griffiths / JUD. / (916) 651-4113
10/11/18 15:03:10
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 1427
:
SENATE JUDICIARY COMMITTEE: 6-0, 4/24/18
AYES: Jackson, Anderson, Hertzberg, Monning, Stern, Wieckowski
NO VOTE RECORDED: Moorlach
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 31-4, 5/10/18
AYES: Allen, Atkins, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Galgiani, Glazer, Hernandez, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Wieckowski, Wiener, Wilk
NOES: Anderson, Bates, Stone, Vidak
NO VOTE RECORDED: Fuller, Gaines, Hertzberg, Moorlach
ASSEMBLY FLOOR: 60-0, 8/20/18 - See last page for vote
DIGEST:
This bill underscores that housing discrimination on account of “military or veteran status” is unlawful in California by explicitly incorporating “military or veteran status” as protected category under the Fair Employment and Housing Act (FEHA). In addition, by defining a Veterans Affairs Supportive Housing (VASH) voucher as a “source of income” for purposes of FEHA, this bill prohibits landlords from refusing to rent to a prospective tenant solely because the applicant proposes to pay part or all of the rent using a VASH voucher.
Assembly Amendments (1) add findings and declarations to the effect that housing veterans is a priority meriting a change to California law; (2) make the inclusion of “veteran or military status” consistent across all housing-related FEHA provisions; and (3) provide for contingent enactment with SB 224 (Jackson).
Existing law:
- Declares it to be against public policy to discriminate on the bases of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information in housing accommodations. (Gov. Code Sec. 12920.)
- Provides that the opportunity to seek, obtain, and hold housing without discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, genetic information, or any other basis prohibited by Civil Code Section 51 is hereby recognized as and declared to be a civil right. (Gov. Code Sec. 12921(b).)
- Defines “source of income” for housing accommodations to mean lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant while specifying that a landlord is not considered a representative of a tenant. (Gov. Code Sec. 12927(i).)
- Tasks the Department of Fair Employment and Housing with issuing publications and research to minimize or eliminate discrimination in employment and housing based on race, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, genetic information, or sexual orientation. (Gov. Code Sec. 12930(i).)
- Allows the Department of Fair Employment and Housing to assist communities and individuals with disputes, disagreements, or difficulties relating to discriminatory practices based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, familial status, age, or sexual orientation that impair the rights of persons in those communities under the Constitution or laws of the United States or of this state. (Gov. Code Sec. 12931.)
- Prohibits various discriminatory housing accommodation practices based on any of the following: source of income, race, color, religion, sex gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, disability, or genetic information. (Gov. Code Sec. 12955.)
- Requires that any declaration, governing document or deed related to a common interest development include written notice about prohibitions on restrictions based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income, or ancestry. (Gov. Code Sec. 12956.1.)
- Provides, pursuant to the Unruh Civil Rights Act, that all persons within the jurisdiction of the state are free and equal and are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. (Civ. Code Sec. 51(b).)
This bill:
- Makes uncodified declarations and findings, including that:
- Housing for veterans is of critical importance and that California must make it a priority to ensure that there is an adequate supply of housing for veterans; and
- Veterans are a priority and that we must ensure that they have all housing options available, which merits amendments to California law relating to source of income and federal Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers.
- Provides that prohibitions against source of income discrimination in housing accommodations shall apply to a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher.
- Prohibits housing discrimination based on veteran or military status, including discrimination in advertisements and in documents related to common interest developments.
- Authorizes the Department of Fair Employment and Housing, upon the request of certain parties, to provide assistance to communities and persons in resolving disputes, disagreements, or difficulties relating to discriminatory practices based upon military or veteran status.
- Tasks the Department of Fair Employment and Housing to issue publications and results of investigations and research that promote goodwill and minimize or eliminate discrimination in employment and discrimination in housing because of an individual's military or veteran status.
- Includes chaptering out language to avoid a potential conflict with SB 224 of the current legislative session.
Background
Homelessness among military veterans is a major problem. According to the U.S. Veterans Administration and the U.S. Department of Housing and Urban Development, as of 2012 there were approximately 62,619 homeless veterans nationwide, of which about a quarter were located in California. While the California Department of Veterans Affairs reports that the number of homeless veterans in the state “has been nearly cut in half” in recent years, there is general agreement that the homelessness rate among veterans remains unacceptably high. (Ibid.)
The high cost of housing is one major part of the problem. According to a 2013 National Low-Income Housing Coalition study on the topic, 1.5 million veteran households suffered from severe housing cost burden in 2011, spending more than 50% of their income on housing. There were also significant disparities among veteran households, with veteran households headed by a racial minority, females, and those with a disability more likely to be cost burdened than their counterparts.
Medical and psychological conditions act as further barriers to stable housing. According to the California Department of Veterans Affairs:
Veterans often suffer from conditions that make it difficult to find and maintain gainful employment and pay for housing. Along with the high rates of post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI), the VA has found that approximately 55% of homeless veterans suffer from mental health issues, 70% are affected by substance abuse issues, and 40% of female homeless veterans report experience [sic] severe forms of mental illness, mostly due to higher rates of military sexual trauma (MST).
VASH vouchers aim to address both of these challenges simultaneously. VASH vouchers subsidize rental payments for homeless veterans and come along with supportive services in the form of case management and clinical services. For these reasons, VASH vouchers can be an important tool for combatting homelessness among veterans. A 2016 Orange County Register article aptly described HUD-VASH vouchers as “Section 8 Housing vouchers dressed up in camouflage” though it is important to note that Section 8 vouchers, which are available on a limited basis to eligible low-income households, do not come with supportive services..
Under existing California law, however, landlords are not obligated to consider applicants with VASH vouchers and many, evidently, will not. The Los Angeles Housing Authority reports data showing, for instance, that HUD-VASH housing vouchers have the lowest success rate amongst housing vouchers the Authority issues, where “success” is defined as placing the voucher recipient in a rental unit. The success rate for general (non-veteran) Housing Choice Voucher recipients is 60 percent. The success rate for the Authorities other non-veteran housing vouchers is 67 percent. By comparison, the success rate for HUD-VASH vouchers is a mere 33 percent.
A National Public Radio story on the issue observed that the fact that California currently allows landlords to refuse to rent to HUD-VASH voucher holders “is seen as one reason that Los Angeles has the largest number of homeless vets nationwide, a number that rose last year.”
This bill defines a VASH voucher as a “source of income” for purposes of FEHA. Since FEHA prohibits housing discrimination based on “source of income,” (Gov. Code Sec. 12955(a)), the bill would have the effect of making it unlawful for landlords to refuse to rent to a tenant merely because the tenant proposes to pay part or all of the rent through the use of a VASH voucher.
At the same time, the bill incorporates “military or veteran status” into the list of characteristics protected against housing discrimination by FEHA, thus adding an additional layer to existing protections against such discrimination under California law.
Comments
- Comparison to employment discrimination law. FEHA, as the name implies, protects Californians’ civil rights in the workplace and in housing.
On the employment side of the ledger, FEHA’s provisions explicitly protect people from discrimination and harassment on account of “race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status” (Gov. Code Sec. 12940(a) and (j).) On the housing side, by contrast, the relevant statute says that those providing housing accommodations shall not discriminate “because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information.” (Gov. Code Sec. 12955(a).)
By inserting “military and veteran status” into FEHA’s provisions regarding housing discrimination, this bill brings California’s housing discrimination laws into greater harmony with its employment discrimination laws..
- Landlord requirements associated with VASH Vouchers. From the landlord’s perspective, renting to a tenant who will pay part or all of the rent with a VASH voucher is not as simple as just moving the person in and accepting rent payments. Before the federal government will subsidize rent payments to a landlord on behalf of a tenant, the landlord must comply with certain requirements. In summary form, those requirements are:
- the landlord must apply to the local public housing authority to be put on the list of approved HUD-VASH properties;
- the landlord must attend an informational session regarding the landlord’s rights and responsibilities as a participant in the HUD-VASH program;
- the landlord must schedule a HUD Housing Quality Standards inspection to ensure the property meets minimum residential housing codes; and
- the landlord and tenant must a sign a lease that complies with HUD-VASH lease requirements.
Since landlords must go through these steps to rent to a VASH voucher holder, prohibiting landlords from refusing to rent to a VASH voucher, as this bill would do, would have the effect of requiring landlords to go through the VASH voucher landlord process.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee, minor costs, if any, to the Department of Fair Employment and Housing to provide assistance related to resolution of disputes regarding discriminatory practices based on veteran or military status.
American GI Forum of California
American Legion-Department of California
AMVETS - Department of California
California Association of County Veterans Service Officers
California Association of Veterans Service Agencies
California State Commanders Veterans Council
Military Officers Association of America, California Council of Chapters
National Association of Social Workers – California Chapter
National Guard Association of California
Public Counsel
Veterans Legal Institute
Vietnam Veterans of America, California State Council
OPPOSITION: (Verified 8/20/18)
Apartment Association of Greater Los Angeles
Apartment Association of Orange County
Apartment Association, California Southern Cities
California Association of Realtors
East Bay Rental Housing Association
North Valley Property Owners Association
San Diego County Apartment Association
Santa Barbara Rental Property Association
ARGUMENTS IN SUPPORT: According to the author:
SB 1427 would protect veterans and military personnel from housing discrimination and ensure that landlords cannot deny homeless veterans housing based solely on the fact that they receive a rental assistance voucher.
U.S. veterans and those currently serving in the armed forces are protected from employment discrimination by the California Fair Employment and Housing Act. However, the law does not specifically include veterans or military personnel among those who are protected from housing discrimination. SB 1427 would address this gap by adding veterans and military personnel as a protected class in statutes relating to housing discrimination.
Veterans and military personnel face significant housing challenges. California has the largest number of veterans experiencing homelessness at 9,612. Homeless veterans in California represented 24 percent of the national homeless veteran population. SB 1427 will ensure veterans and military personnel are not discriminated against in housing and are not denied housing because of how they pay their rent.
In support, the California Association of Veterans Service Agencies writes:
Veterans and military personnel face significant housing challenges. California has the largest number of veterans experiencing homelessness at 9,612. SB 1427 will ensure veterans and military personnel are not discriminated against in housing and are not denied housing because of how they pay their rent.
ARGUMENTS IN OPPOSITION: In opposition to the bill unless amended, the Apartment Association, California Southern Cities, the Apartment Association of Orange County, the East Bay Rental Housing Association, and the North Valley Property Owners Association write:
Our opposition is not a matter of supporting or not supporting veterans; instead, this is a freedom of contract issue, and the right of rental property owners to control the speedy process of filling vacancies. […]
Senator Hill’s bill, while commendable and supportable in many respects, should be amended to ensure rental property owners are not forced to participate involuntarily in the federal Veterans Affairs Supportive Housing (VASH) voucher program. […]
The forced contracting provision is objectionable on several grounds. It abridged the freedom of contract right. It forces owners to accept unpalatable lease terms and regulations, while forcing owners to keep property off of the market for lengthy periods of time. The costs to comply include modifications and improvements, and lost income from delays in filling vacancies.
ASSEMBLY FLOOR: 60-0, 8/20/18
AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bonta, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Chu, Cooper, Cunningham, Eggman, Frazier, Friedman, Gabriel, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Low, Maienschein, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rivas, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon
NO VOTE RECORDED: Travis Allen, Bigelow, Brough, Chávez, Choi, Cooley, Dahle, Daly, Flora, Fong, Gallagher, Grayson, Kiley, Mathis, Mayes, Obernolte, Patterson, Steinorth, Voepel, Waldron
8/21/18 13:33:08
**** END ****
SENATE THIRD READING
STR Bill Id:SB 1427
Author:(Hill)
As Amended Ver:August 16, 2018
Majority vote
SENATE VOTE: 31-4
Committee | Votes | Ayes | Noes |
Judiciary | 6-1 | Mark Stone, Chau, Chiu, Kalra, Reyes, Gonzalez Fletcher | Kiley |
Appropriations | 13-0 | Gonzalez Fletcher, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Friedman, Eduardo Garcia, Nazarian, Obernolte, Quirk, Reyes |
|
SUMMARY: Prohibits discrimination in housing accommodations based on military or veteran status and defines Veterans Affairs Supportive Housing (HUD-VASH) vouchers as a source of income which cannot be refused under the Fair Employment and Housing Act (FEHA). Specifically, this bill:
- Makes uncodified declarations and findings, including that:
- Housing for veterans is of critical importance and that California must make it a priority to ensure that there is an adequate supply of housing for veterans; and
- Veterans are a priority and that we must ensure that they have all housing options available, which merits amendments to California law relating to source of income and federal Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers.
- Provides that prohibitions against source of income discrimination in housing accommodations shall apply to a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher.
- Prohibits housing discrimination based on veteran or military status, including discrimination in advertisements and in documents related to common interest developments.
- Authorizes the Department of Fair Employment and Housing, upon the request of certain parties, to provide assistance to communities and persons in resolving disputes, disagreements, or difficulties relating to discriminatory practices based upon military or veteran status.
- Tasks the Department of Fair Employment and Housing to issue publications and results of investigations and research that promote goodwill and minimize or eliminate discrimination in employment and discrimination in housing because of an individual's military or veteran status.
- Includes chaptering out language to avoid a potential conflict with SB 224 of the current legislative session.
EXISTING LAW:
- Declares it to be against public policy to discriminate on the bases of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information in housing accommodations. (Government Code Section 12920. All other statutory references are to the Government Code unless otherwise specified.)
- Provides that the opportunity to seek, obtain, and hold housing without discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, genetic information, or any other basis prohibited by Civil Code Section 51 is hereby recognized as and declared to be a civil right. (Section 12921(b).)
- Defines "source of income" for housing accommodations to mean lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant while specifying that a landlord is not considered a representative of a tenant. (Section 12927(i).)
- Tasks the Department of Fair Employment and Housing with issuing publications and research to minimize or eliminate discrimination in employment and housing based on race, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, genetic information, or sexual orientation. (Section 12930(i).)
- Allows the Department of Fair Employment and Housing to assist communities and individuals with disputes, disagreements, or difficulties relating to discriminatory practices based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, familial status, age, or sexual orientation that impair the rights of persons in those communities under the Constitution or laws of the United States or of this state. (Section 12931.)
- Prohibits various discriminatory housing accommodation practices based on any of the following: source of income, race, color, religion, sex gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, disability, or genetic information. (Sections 12955.)
- Describes the standards of proof for evaluating several unlawful housing discrimination practices. (Section 12955.8.)
- Requires that any declaration, governing document or deed related to a common interest development include written notice about prohibitions on restrictions based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income, or ancestry. (Section 12956.1.)
- Outlines the procedures for changing an unlawfully restrictive covenant that creates exclusions based on a protected category. (Section 12956.2.)
- Provides, pursuant to the Unruh Civil Rights Act, that all persons within the jurisdiction of the state are free and equal and are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. (Civil Code Section 51(b).)
FISCAL EFFECT: According to the Assembly Appropriations Committee, minor costs, if any, to the Department of Fair Employment and Housing to provide assistance related to resolution of disputes regarding discriminatory practices based on veteran or military status.
COMMENTS: Veterans across the state face numerous challenges related to physical health, mental health, and housing. While housing discrimination based on veteran or military status is already prohibited under state law, several statutes currently do not explicitly list military or veteran status as a protected class. This bill adds military or veteran status to existing laws that protect against housing discrimination. Additionally, under current law, landlords may refuse to rent to a prospective tenant due to their use of HUD-VASH vouchers. This bill revises existing provisions that prohibit discrimination based on source of income to ensure that HUD-VASH vouchers would be accepted and could not be the sole reason for turning away a tenant.
Housing issues faced by California veterans. The U.S. Veterans Administration and the Department of Housing and Urban Development reported in 2012 there were approximately 62,619 homeless veterans nationwide. At that time, California had the highest number of homeless veterans, representing a quarter of all homeless veterans in the U.S. (Homeless Veterans Outreach and Support, URL: https://www.calvet.ca.gov/VetServices/Pages/Homeless-Veterans-Outreach-Awareness.aspx). Though the numbers of homeless veterans have decreased since that time, California still has thousands of veterans who served this country through military service and, now having returned to civilian life, are left on the streets or without stable housing.
While increasing housing costs affect both veteran and non-veteran populations, there are many issues unique to the veteran population that contribute to their higher rates of housing insecurity and homelessness. For example, the California Department of Veterans Affairs website notes that 55% of homeless veterans suffer from mental health conditions while 7 in 10 veterans struggle with substance abuse disorders. (Ibid.)
Background on the HUD-VASH voucher program. Since 1992, the HUD-VASH program has sought to provide veterans with supportive services and housing assistance through a collaboration between the federal Department of Housing and Urban Development (HUD) and the Department of Veterans Affairs (the VA) as part of the Housing Choice Voucher Program (commonly referred to as "Section 8"). The HUD websites states:
[The] program combines Housing Choice Voucher (HCV) rental assistance for homeless Veterans with case management and clinical services provided by the Department of Veterans Affairs (VA). VA provides these services for participating Veterans at VA medical centers (VAMCs) and community-based outreach clinics.
Every year since 2008, HUD and VA have awarded HUD-VASH vouchers based on geographic need and public housing agency (PHA) administrative performance. (HUD-VASH Vouchers. URL: https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/vash.)
Supporters note that veterans with HUD-VASH vouchers face unique struggles with finding housing, and, according to Los Angeles Public Housing Authority data, are less than half as likely to be accepted for housing as general Section 8 HUD voucher tenants. Writing in support of the bill, the California Association of Veterans Service Agencies notes:
Veterans and military personnel face significant housing challenges. California has the largest number of veterans experiencing homelessness at 9,612. SB 1427 will ensure veterans and military personnel are not discriminated against in housing and are not denied housing because of how they pay their rent.
Opposition concerns about requiring HUD-VASH vouchers to be accepted. Landlords and real estate licensees who oppose the bill contend that under no circumstances should property owners be required to accept as tenants any holders of Section 8 housing vouchers—even veterans holding VASH vouchers—because of problems and costs associated with participation in the voluntary Section 8 program. The bill continues to face opposition from four regional apartment associations, including the Apartment Association of California Southern Cities.
Housing for veterans and the HUD-VASH voucher program is a priority for the state. Opponents fail to fully acknowledge the significant housing crisis facing veterans and the narrowness of this legislation. Proponents of this bill contend that this bill is narrowly tailored to address a singular issue of great priority to the state, namely the crisis of available housing for veterans who are homeless or at risk of being homeless. It should be noted that, as heard in the Senate, this bill was opposed by the California Apartment Association, the California Building Industry Association, and the California Chamber of Commerce. However, the June 7, 2018 amendments to the bill, adding certain legislative findings and declarations, have now resulted in those groups removing their opposition to this bill. As amended, the bill declares that ensuring an adequate supply of housing for veterans is of critical importance, and that distinguishes veterans' housing as an issue "which merits amendment to California law relating to source of income and federal Department of Housing and Urban Development Veterans Affairs Supportive Housing Vouchers."
Analysis Prepared by: Sandra Nakagawa and Anthony Lew / JUD. / (916) 319-2334 FN: 0004014
SENATE THIRD READING
STR Bill Id:SB 1427
Author:(Hill)
As Amended Ver:August 13, 2018
Majority vote
SENATE VOTE: 31-4
Committee | Votes | Ayes | Noes |
Judiciary | 6-1 | Mark Stone, Chau, Chiu, Kalra, Reyes, Gonzalez Fletcher | Kiley |
Appropriations | 13-0 | Gonzalez Fletcher, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Friedman, Eduardo Garcia, Nazarian, Obernolte, Quirk, Reyes |
|
SUMMARY: Prohibits discrimination in housing accommodations based on military or veteran status and defines Veterans Affairs Supportive Housing (HUD-VASH) vouchers as a source of income which cannot be refused under the Fair Employment and Housing Act (FEHA). Specifically, this bill:
- Makes uncodified declarations and findings, including that:
- Housing for veterans is of critical importance and that California must make it a priority to ensure that there is an adequate supply of housing for veterans; and
- Veterans are a priority and that we must ensure that they have all housing options available, which merits amendments to California law relating to source of income and federal Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers.
- Provides that prohibitions against source of income discrimination in housing accommodations shall apply to a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher.
- Prohibits housing discrimination based on veteran or military status, including discrimination in advertisements and in documents related to common interest developments.
- Authorizes the Department of Fair Employment and Housing, upon the request of certain parties, to provide assistance to communities and persons in resolving disputes, disagreements, or difficulties relating to discriminatory practices based upon military or veteran status.
- Tasks the Department of Fair Employment and Housing to issue publications and results of investigations and research that promote goodwill and minimize or eliminate discrimination in employment and discrimination in housing because of an individual's military or veteran status.
- Includes chaptering out language to avoid a potential conflict with SB 224 of the current legislative session.
EXISTING LAW:
- Declares it to be against public policy to discriminate on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information in housing accommodations. (Government Code Section 12920. All other statutory references are to the Government Code unless otherwise specified.)
- Provides that the opportunity to seek, obtain, and hold housing without discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, genetic information, or any other basis prohibited by Civil Code Section 51 is hereby recognized as and declared to be a civil right. (Section 12921(b).)
- Defines "source of income" for housing accommodations to mean lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant while specifying that a landlord is not considered a representative of a tenant. (Section 12927(i).)
- Tasks the Department of Fair Employment and Housing with issuing publications and research to minimize or eliminate discrimination in employment and housing based on race, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, genetic information, or sexual orientation. (Section 12930(i).)
- Allows the Department of Fair Employment and Housing to assist communities and individuals with disputes, disagreements, or difficulties relating to discriminatory practices based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, familial status, age, or sexual orientation that impair the rights of persons in those communities under the Constitution or laws of the United States or of this state. (Section 12931.)
- Prohibits various discriminatory housing accommodation practices based on any of the following: source of income, race, color, religion, sex gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, disability, or genetic information. (Sections 12955.)
- Describes the standards of proof for evaluating several unlawful housing discrimination practices. (Section 12955.8.)
- Requires that any declaration, governing document or deed related to a common interest development include written notice about prohibitions on restrictions based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income, or ancestry. (Section 12956.1.)
- Outlines the procedures for changing an unlawfully restrictive covenant that creates exclusions based on a protected category. (Section 12956.2.)
- Provides, pursuant to the Unruh Civil Rights Act, that all persons within the jurisdiction of the state are free and equal and are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. (Civil Code Section 51(b).)
FISCAL EFFECT: According to the Assembly Appropriations Committee, minor costs, if any, to the Department of Fair Employment and Housing to provide assistance related to resolution of disputes regarding discriminatory practices based on veteran or military status.
COMMENTS: Veterans across the state face numerous challenges related to physical health, mental health, and housing. While housing discrimination based on veteran or military status is already prohibited under state law, several statutes currently do not explicitly list military or veteran status as a protected class. This bill adds military or veteran status to existing laws that protect against housing discrimination. Additionally, under current law, landlords may refuse to rent to a prospective tenant due to their use of HUD-VASH vouchers. This bill revises existing provisions that prohibit discrimination based on source of income to ensure that HUD-VASH vouchers would be accepted and could not be the sole reason for turning away a tenant.
Housing issues faced by California veterans. The U.S. Veterans Administration and the Department of Housing and Urban Development reported in 2012 there were approximately 62,619 homeless veterans nationwide. At that time, California had the highest number of homeless veterans, representing a quarter of all homeless veterans in the U.S. (Homeless Veterans Outreach and Support, URL: https://www.calvet.ca.gov/VetServices/Pages/Homeless-Veterans-Outreach-Awareness.aspx). Though the numbers of homeless veterans have decreased since that time, California still has thousands of veterans who served this country through military service and, now having returned to civilian life, are left on the streets or without stable housing.
While increasing housing costs affect both veteran and non-veteran populations, there are many issues unique to the veteran population that contribute to their higher rates of housing insecurity and homelessness. For example, the California Department of Veterans Affairs website notes that 55% of homeless veterans suffer from mental health conditions while 7 in 10 veterans struggle with substance abuse disorders. (Ibid.)
Background on the HUD-VASH voucher program. Since 1992, the HUD-VASH program has sought to provide veterans with supportive services and housing assistance through a collaboration between the federal Department of Housing and Urban Development (HUD) and the Department of Veterans Affairs (the VA) as part of the Housing Choice Voucher Program (commonly referred to as "Section 8"). The HUD websites states:
[The] program combines Housing Choice Voucher (HCV) rental assistance for homeless Veterans with case management and clinical services provided by the Department of Veterans Affairs (VA). VA provides these services for participating Veterans at VA medical centers (VAMCs) and community-based outreach clinics.
Every year since 2008, HUD and VA have awarded HUD-VASH vouchers based on geographic need and public housing agency (PHA) administrative performance. (HUD-VASH Vouchers. URL: https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/vash.)
Supporters note that veterans with HUD-VASH vouchers face unique struggles with finding housing, and, according to Los Angeles Public Housing Authority data, are less than half as likely to be accepted for housing as general Section 8 HUD voucher tenants. Writing in support of the bill, the California Association of Veterans Service Agencies notes:
Veterans and military personnel face significant housing challenges. California has the largest number of veterans experiencing homelessness at 9,612. SB 1427 will ensure veterans and military personnel are not discriminated against in housing and are not denied housing because of how they pay their rent.
Opposition concerns about requiring HUD-VASH vouchers to be accepted. Landlords and real estate licensees who oppose the bill contend that under no circumstances should property owners be required to accept as tenants any holders of Section 8 housing vouchers—even veterans holding VASH vouchers—because of problems and costs associated with participation in the voluntary Section 8 program. The bill continues to face opposition from four regional apartment associations, including the Apartment Association of California Southern Cities.
Housing for veterans and the HUD-VASH voucher program is a priority for the state. Opponents fail to fully acknowledge the significant housing crisis facing veterans and the narrowness of this legislation. Proponents of this bill contend that this bill is narrowly tailored to address a singular issue of great priority to the state, namely the crisis of available housing for veterans who are homeless or at risk of being homeless. It should be noted that, as heard in the Senate, this bill was opposed by the California Apartment Association, the California Building Industry Association, and the California Chamber of Commerce. However, the June 7, 2018 amendments to the bill, adding certain legislative findings and declarations, have now resulted in those groups removing their opposition to this bill. As amended, the bill declares that ensuring an adequate supply of housing for veterans is of critical importance, and that distinguishes veterans' housing as an issue "which merits amendment to California law relating to source of income and federal Department of Housing and Urban Development Veterans Affairs Supportive Housing Vouchers."
Analysis Prepared by: Sandra Nakagawa and Anthony Lew / JUD. / (916) 319-2334 FN: 0003927
SENATE THIRD READING
STR Bill Id:SB 1427
Author:(Hill)
As Amended Ver:June 7, 2018
Majority vote
SENATE VOTE: 31-4
Committee | Votes | Ayes | Noes |
Judiciary | 6-1 | Mark Stone, Chau, Chiu, Kalra, Reyes, Gonzalez Fletcher | Kiley |
Appropriations | 13-0 | Gonzalez Fletcher, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Friedman, Eduardo Garcia, Nazarian, Obernolte, Quirk, Reyes |
|
SUMMARY: Prohibits discrimination in housing accommodations based on military or veteran status and defines Veterans Affairs Supportive Housing (HUD-VASH) vouchers as a source of income which cannot be refused under the Fair Employment and Housing Act (FEHA). Specifically, this bill:
- Makes uncodified declarations and findings, including that:
- Housing for veterans is of critical importance and that California must make it a priority to ensure that there is an adequate supply of housing for veterans; and
- Veterans are a priority and that we must ensure that they have all housing options available, which merits amendments to California law relating to source of income and federal Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers.
- Provides that prohibitions against source of income discrimination in housing accommodations shall apply to a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher.
- Prohibits housing discrimination based on veteran or military status, including discrimination in advertisements and in documents related to common interest developments.
- Authorizes the Department of Fair Employment and Housing, upon the request of certain parties, to provide assistance to communities and persons in resolving disputes, disagreements, or difficulties relating to discriminatory practices based upon military or veteran status.
- Tasks the Department of Fair Employment and Housing to issue publications and results of investigations and research that promote goodwill and minimize or eliminate discrimination in employment and discrimination in housing because of an individual's military or veteran status.
EXISTING LAW:
- Declares it to be against public policy to discriminate on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information in housing accommodations. (Government Code Section 12920. All other statutory references are to the Government Code unless otherwise specified.)
- Provides that the opportunity to seek, obtain, and hold housing without discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, genetic information, or any other basis prohibited by Civil Code Section 51 is hereby recognized as and declared to be a civil right. (Section 12921(b).)
- Defines "source of income" for housing accommodations to mean lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant while specifying that a landlord is not considered a representative of a tenant. (Section 12927(i).)
- Tasks the Department of Fair Employment and Housing with issuing publications and research to minimize or eliminate discrimination in employment and housing based on race, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, genetic information, or sexual orientation. (Section 12930(i).)
- Allows the Department of Fair Employment and Housing to assist communities and individuals with disputes, disagreements, or difficulties relating to discriminatory practices based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, familial status, age, or sexual orientation that impair the rights of persons in those communities under the Constitution or laws of the United States or of this state. (Section 12931.)
- Prohibits various discriminatory housing accommodation practices based on any of the following: source of income, race, color, religion, sex gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, disability, or genetic information. (Sections 12955.)
- Describes the standards of proof for evaluating several unlawful housing discrimination practices. (Section 12955.8.)
- Requires that any declaration, governing document or deed related to a common interest development include written notice about prohibitions on restrictions based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income, or ancestry. (Section 12956.1.)
- Outlines the procedures for changing an unlawfully restrictive covenant that creates exclusions based on a protected category. (Section 12956.2.)
- Provides, pursuant to the Unruh Civil Rights Act, that all persons within the jurisdiction of the state are free and equal and are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. (Civil Code Section 51(b).)
FISCAL EFFECT: According to the Assembly Appropriations Committee, minor costs, if any, to the Department of Fair Employment and Housing to provide assistance related to resolution of disputes regarding discriminatory practices based on veteran or military status.
COMMENTS: Veterans across the state face numerous challenges related to physical health, mental health, and housing. While housing discrimination based on veteran or military status is already prohibited under state law, several statutes currently do not explicitly list military or veteran status as a protected class. This bill adds military or veteran status to existing laws that protect against housing discrimination. Additionally, under current law, landlords may refuse to rent to a prospective tenant due to their use of HUD-VASH vouchers. This bill revises existing provisions that prohibit discrimination based on source of income to ensure that HUD-VASH vouchers would be accepted and could not be the sole reason for turning away a tenant.
Housing issues faced by California veterans. The U.S. Veterans Administration and the Department of Housing and Urban Development reported in 2012 there were approximately 62,619 homeless veterans nationwide. At that time, California had the highest number of homeless veterans, representing a quarter of all homeless veterans in the U.S. (Homeless Veterans Outreach and Support, URL: https://www.calvet.ca.gov/VetServices/Pages/Homeless-Veterans-Outreach-Awareness.aspx). Though the numbers of homeless veterans have decreased since that time, California still has thousands of veterans who served this country through military service and, now having returned to civilian life, are left on the streets or without stable housing.
While increasing housing costs affect both veteran and non-veteran populations, there are many issues unique to the veteran population that contribute to their higher rates of housing insecurity and homelessness. For example, the California Department of Veterans Affairs website notes that 55 percent of homeless veterans suffer from mental health conditions while 7 in 10 veterans struggle with substance abuse disorders. (Ibid.)
Background on the HUD-VASH voucher program. Since 1992, the HUD-VASH program has sought to provide veterans with supportive services and housing assistance through a collaboration between the federal Department of Housing and Urban Development (HUD) and the Department of Veterans Affairs (the VA) as part of the Housing Choice Voucher Program (commonly referred to as "Section 8"). The HUD websites states:
[The] program combines Housing Choice Voucher (HCV) rental assistance for homeless Veterans with case management and clinical services provided by the Department of Veterans Affairs (VA). VA provides these services for participating Veterans at VA medical centers (VAMCs) and community-based outreach clinics.
Every year since 2008, HUD and VA have awarded HUD-VASH vouchers based on geographic need and public housing agency (PHA) administrative performance. (HUD-VASH Vouchers. URL: https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/vash.)
Supporters note that veterans with HUD-VASH vouchers face unique struggles with finding housing, and, according to Los Angeles Public Housing Authority data, are less than half as likely to be accepted for housing as general Section 8 HUD voucher tenants. Writing in support of the bill, the California Association of Veterans Service Agencies notes:
Veterans and military personnel face significant housing challenges. California has the largest number of veterans experiencing homelessness at 9,612. SB 1427 will ensure veterans and military personnel are not discriminated against in housing and are not denied housing because of how they pay their rent.
Opposition concerns about requiring HUD-VASH vouchers to be accepted. Landlords and real estate licensees who oppose the bill contend that under no circumstances should property owners be required to accept as tenants any holders of Section 8 housing vouchers—even veterans holding VASH vouchers—because of problems and costs associated with participation in the voluntary Section 8 program. The bill continues to face opposition from four regional apartment associations, including the Apartment Association of California Southern Cities.
Housing for veterans and the HUD-VASH voucher program is a priority for the state. Opponents fail to fully acknowledge the significant housing crisis facing veterans and the narrowness of this legislation. Proponents of this bill contend that this bill is narrowly tailored to address a singular issue of great priority to the state, namely the crisis of available housing for veterans who are homeless or at risk of being homeless. It should be noted that, as heard in the Senate, this bill was opposed by the California Apartment Association, the California Building Industry Association, and the California Chamber of Commerce. However, the June 7, 2018 amendments to the bill, adding certain legislative findings and declarations, have now resulted in those groups removing their opposition to this bill. As amended, the bill declares that ensuring an adequate supply of housing for veterans is of critical importance, and that distinguishes veterans' housing as an issue "which merits amendment to California law relating to source of income and federal Department of Housing and Urban Development Veterans Affairs Supportive Housing Vouchers."
Analysis Prepared by: Sandra Nakagawa and Anthony Lew / JUD. / (916) 319-2334 FN: 0003620
Date of Hearing: June 27, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 1427
Author:(Hill) – As Amended Ver:June 7, 2018
Policy Committee: | Judiciary | Vote: | 6 - 1 |
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill prohibits discrimination in housing accommodations based on military or veteran status and defines Veterans Affairs Supportive Housing (HUD-VASH) vouchers as a source of income that cannot be refused under the Federal Employment and Housing Act.
FISCAL EFFECT:
Minor costs, if any, to the Department of Fair Employment and Housing to provide assistance related to resolution of disputes regarding discriminatory practices based on veteran or military status.
COMMENTS:
- Background and Purpose. California’s homeless population has increased markedly in recent years. Veterans make up a disproportionate proportion of the homeless population.
This bill seeks to increase the housing options available to veterans by making two changes in law. First, this bill adds veteran or military status to the characteristics and classes existing law protects from housing discrimination. Second, the bill modifies the definition, in existing law, of source of income to newly include a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing (HUD-VASH) voucher, thereby prohibiting discrimination in housing on the basis of the use of a HUD-VASH voucher.
- Opposition. This bill is opposed by several organizations representing apartment owners, realtors, and other property owners who object to the requirement that they accept HUD vouchers of any type.
Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081
Date of Hearing: June 12, 2018
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
SBPCA Bill Id:SB 1427
Author:(Hill) – As Amended Ver:June 7, 2018
SENATE VOTE: 31-4
SUBJECT: DISCRIMINATION: MILITARY OR VETERAN STATUS
KEY ISSUE: Due to high rates of homelessness and a lack of affordable housing for veterans, shall existing prohibitions against discriminating against source of income be extended to include veterans affairs supportive housing vouchers, and shall it be prohibited to discriminate in housing based on an individual’s military or veteran status?
SYNOPSIS
Veterans across the state face high rates of housing insecurity and homelessness. While many veterans are eligible to receive Housing and Urban Development Veterans Affairs Supportive Housing (HUD-VASH) vouchers to assist with rent payments, current law permits landlords to refuse to rent to an individual with such a housing voucher. This measure seeks to prohibit landlords from turning away a prospective tenant based on their potential use of HUD-VASH vouchers as a source of income while also adding military and veteran status to the protected classes listed under the Fair Housing and Employment Act and other anti-discrimination laws. Amendments adopted in the June 7th version of the bill add in declarations about the particular issues around housing and veterans and add “veteran or military status” protections to additional anti-discrimination statutes. Several veterans’ groups and nonprofits support the bill while a number of regional apartment associations and the California Association of Realtors are opposed to the HUD-VASH provisions.
SUMMARY: Prohibits discrimination in housing accommodations based on military or veteran status and defines Veterans Affairs Supportive Housing (HUD-VASH) vouchers as a source of income which cannot be refused under FEHA. Specifically, this bill:
- Makes uncodified declarations and findings, including that:
- Housing for veterans is of critical importance and that California must make it a priority to ensure that there is an adequate supply of housing for veterans; and
- Veterans are a priority and that we must ensure that they have all housing options available, which merits amendments to California law relating to source of income and federal Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers.
- Provides that prohibitions against source of income discrimination in housing accommodations shall apply to a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher.
- Prohibits housing discrimination based on veteran or military status, including discrimination in advertisements and in documents related to common interest developments.
- Authorizes the Department of Fair Employment and Housing, upon the request of certain parties, to provide assistance to communities and persons in resolving disputes, disagreements, or difficulties relating to discriminatory practices based upon military or veteran status.
- Tasks the Department of Fair Employment and Housing to issue publications and results of investigations and research that promote goodwill and minimize or eliminate discrimination in employment and discrimination in housing because of an individual’s military or veteran status.
EXISTING LAW:
- Declares it to be against public policy to discriminate on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information in housing accommodations. (Government Code Section 12920. All other statutory references are to the Government Code unless otherwise specified.)
- Provides that the opportunity to seek, obtain, and hold housing without discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, genetic information, or any other basis prohibited by Section 51 of the Civil Code is hereby recognized as and declared to be a civil right. (Section 12921 (b).)
- Defines “source of income” for housing accommodations to mean lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant while specifying that a landlord is not considered a representative of a tenant. (Section 12927 (i).)
- Tasks the Department of Fair Employment and Housing with issuing publications and research to minimize or eliminate discrimination in employment and housing based on race, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, genetic information, or sexual orientation. (Section 12930 (i).)
- Allows the Department of Fair Employment and Housing to assist communities and individuals with disputes, disagreements, or difficulties relating to discriminatory practices based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, familial status, age, or sexual orientation that impair the rights of persons in those communities under the Constitution or laws of the United States or of this state. (Section 12931.)
- Prohibits various discriminatory housing accommodation practices based on any of the following: source of income, race, color, religion, sex gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, disability, or genetic information. (Sections 12955.)
- Describes the standards of proof for evaluating several unlawful housing discrimination practices. (Section 12955.8.)
- Requires that any declaration, governing document or deed related to a common interest development include written notice about prohibitions on restrictions based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income, or ancestry. (Section 12956.1.)
- Outlines the procedures for changing an unlawfully restrictive covenant that creates exclusions based on a protected category. (Section 12956.2.)
- Provides, pursuant to the Unruh Civil Rights Act, that all persons within the jurisdiction of the state are free and equal and are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. (Civil Code Section 51 (b).)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: Veterans across the state face numerous challenges related to physical health, mental health, and housing. While housing discrimination based on veteran or military status is already prohibited under state law, several statutes currently do not explicitly list military or veteran status as a protected class. This bill adds military or veteran status to existing laws that protect against housing discrimination. Additionally, under current law, landlords may refuse to rent to a prospective tenant due to their use of HUD-VASH vouchers. This bill revises existing provisions that prohibit discrimination based on source of income to ensure that HUD-VASH vouchers would be accepted and could not be the sole reason for turning away a tenant.
According to the author:
SB 1427 would protect veterans and military personnel from housing discrimination and ensure that landlords cannot deny homeless veterans housing based solely on the fact that they receive a rental assistance voucher.
U.S. veterans and those currently serving in the armed forces are protected from employment discrimination by the California Fair Employment and Housing Act. However, the law does not specifically include veterans or military personnel among those who are protected from housing discrimination. SB 1427 would address this gap by adding veterans and military personnel as a protected class in statutes relating to housing discrimination.
Veterans and military personnel face significant housing challenges. California has the largest number of veterans experiencing homelessness at 9,612. Homeless veterans in California represented 24 percent of the national homeless veteran population. SB 1427 will ensure veterans and military personnel are not discriminated against in housing and are not denied housing because of how they pay their rent.
Housing issues faced by California veterans. The U.S. Veterans Administration and the Department of Housing and Urban Development reported in 2012 there were approximately 62,619 homeless veterans nationwide. At that time, California had the highest number of homeless veterans, representing a quarter of all homeless veterans in the U.S. (Homeless Veterans Outreach and Support, URL: https://www.calvet.ca.gov/VetServices/Pages/Homeless-Veterans-Outreach-Awareness.aspx) Though the numbers of homeless veterans have decreased since that time, California still has thousands of veterans who served this country through military service and, now having returned to civilian life, are left on the streets or without stable housing.
While increasing housing costs affect both veteran and non-veteran populations, there are many issues unique to the veteran population that contribute to their higher rates of housing insecurity and homelessness. For example, the California Department of Veterans Affairs website notes that 55 percent of homeless veterans suffer from mental health conditions while 7 in 10 veterans struggle with substance abuse disorders. (Ibid.)
Discrimination based on veteran or military status. This measure adds “military or veteran status” to the list of characteristics protected against housing discrimination under the Fair Employment and Housing Act (FEHA) and a variety of other anti-discrimination statutes. While the Unruh Civil Rights Act broadly prohibits discrimination under California law due to any arbitrary basis, clarifying statutes to explicitly list “military or veteran status” as a protected class can help ensure uniformity in the law since “military and veteran status” is already listed under employment discrimination statutes.
Additionally, a recent case of housing discrimination against a veteran demonstrates the need for such protections. In the case, a Marine and his family sought to rent a condominium but were refused due to his military status. The lawsuit was recently settled by the California Department of Fair Employment and Housing, and the press release announcing the settlement states:
[A] landlord violated the state’s civil rights laws when he refused to rent an Orange County condominium unit to Viridiana Mendez and her family because her husband, Albert Quintanilla, is a United States Marine. The complaints alleged the landlord violated the Unruh Civil Rights Act, which prohibits businesses from discriminating on the basis of occupation or any other “arbitrary” basis, and the Fair Employment and Housing Act (FEHA), which prohibits owners of housing accommodations from discriminating on the basis of the source of a person’s income.
Ms. Mendez inquired about renting the condominium unit in April 2016, intending to share it with her husband and their minor daughter. Ms. Mendez was questioned by the landlord and his wife. According to Ms. Mendez, the landlord expressed no reservations about renting to her until he learned that Mr. Quintanilla is a Marine and that the family might leave the unit before the end of the full lease term if he received orders to deploy overseas. He then allegedly told her he would not rent to her or even give her a rental application because of her husband’s military service.
Additionally, a recent audit study conducted by the Washington State Attorney General found that prospective tenants using HUD-VASH vouchers were often turned away. In the audit, employees at the Washington State Attorney General’s office posed as prospective tenants who wished to use HUD-VASH vouchers to rent a unit. Out of the 50 landlords contacted, 20 percent of them refused to accept HUD-VASH vouchers as a form of rent. (NPR, March 5, 2018 “Washington State Attorney General: Housing Discrimination against Veterans Is Evident.” URL: https://www.npr.org/2018/03/05/590974647/washington-state-attorney-general-housing-discrimination-against-veterans-is-evi.)
Background on the HUD-VASH voucher program. Since 1992, the HUD-VASH program has sought to provide veterans with supportive services and housing assistance through a collaboration between the federal Department of Housing and Urban Development (HUD) and the Department of Veterans Affairs (the VA) as part of the Housing Choice Voucher Program (commonly referred to as “Section 8”). The HUD websites states:
[The] program combines Housing Choice Voucher (HCV) rental assistance for homeless Veterans with case management and clinical services provided by the Department of Veterans Affairs (VA). VA provides these services for participating Veterans at VA medical centers (VAMCs) and community-based outreach clinics.
Every year since 2008, HUD and VA have awarded HUD-VASH vouchers based on geographic need and public housing agency (PHA) administrative performance. (HUD-VASH Vouchers. URL: https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/vash.)
Additionally, on the U.S. Department of Veterans Affairs website, there are additional details on the program, notably:
VA case managers may connect these Veterans with support services such as health care, mental health treatment and substance use counseling to help them in their recovery process and with their ability to maintain housing in the community. Among VA homeless continuum of care programs, HUD-VASH enrolls the largest number and largest percentage of Veterans who have experienced long-term or repeated homelessness. (Homeless Veterans. URL: https://www.va.gov/homeless/hud-vash.asp.)
To qualify for a HUD-VASH voucher, a veteran must be eligible to receive medical benefits from the VA and must also not be listed on the sex offender registry. In addition, the program is primarily targeted at getting chronically homeless veterans into permanent housing. For the initial time period that a voucher is provided, the veteran must receive supportive services too. The HUD exchange website describes that eligibility as follows:
Beneficiaries are selected based on certain requirements including health care eligibility, homelessness status, and income. Since 2008, beneficiaries are no longer required to be chronically mentally ill or have chronic substance abuse disorders. However, chronically homeless veterans are a target population for HUD-VASH. (HUD=VASH Eligibility Requirements. URL: https://www.hudexchange.info/programs/hud-vash/hud-vash-eligibility-requirements/)
Arguments in support. Supporters note that veterans with HUD-VASH vouchers face unique struggles with finding housing, and, according to Los Angeles Public Housing Authority data, are less than half as likely to be accepted for housing as general Section 8 HUD voucher tenants. Writing in support of the bill, the California Association of Veterans Service Agencies notes:
Veterans and military personnel face significant housing challenges. California has the largest number of veterans experiencing homelessness at 9,612. SB 1427 will ensure veterans and military personnel are not discriminated against in housing and are not denied housing because of how they pay their rent.
Opposition concerns about requiring HUD-VASH vouchers to be accepted. Landlords and real estate licensees who oppose the bill contend that under no circumstances should property owners be required to accept as tenants any holders of Section 8 housing vouchers—even veterans holding VASH vouchers—because of problems and costs associated with participation in the voluntary Section 8 program. Recent amendments to the bill (discussed below) have removed opposition from the California Apartment Association, the California Building Industry Association, and the California Chamber of Commerce, but the California Association of Realtors remain opposed to the bill. Most recently, the Committee received a late opposition letter from four regional apartment associations, including the Apartment Association of California Southern Cities.
Among other things, these opponents contend that requiring rental property owners to accept Veterans Affairs Supportive Housing vouchers would unacceptably lead to increased costs and delays for property owners. In particular, these opponents argue that the Public Housing Authorities (PHAs) – the entities which administer housing assistance programs such as HUD-VASH – lack the resources and funding to efficiently administer the Section 8 program. They note that because PHAs are required to certify that any potential rental units are inspected to ensure that they meet certain basic health and safety criteria, this inspection process could presumably lead to delays in renting a unit, and thus lost revenue for landlords and property owners. Additionally, if any deficiencies are discovered in the inspection process, then repairs to the units would need to take place before it could be rented to a HUD-VASH voucher recipient, ensuring further delays.
Although, under this bill, some veterans will surely apply to rent a property that would not otherwise be willing to accept a HUD-VASH voucher, it is also likely that some veterans with HUD-VASH vouchers will apply to rent units that had previously accepted or were already openly accepting vouchers too. Since veterans must be homeless in order to receive HUD-VASH vouchers, proponents note that any delays in having a unit approved could hurt both the property owner (who would lose potential rent income during the approval process) and the voucher recipient (who would likely remain homeless until he or she could find a PHA-approved unit to rent). Thus, it stands to reason that voucher recipients may well be incentivized to select rental units which could be quickly approved by a PHA, thus minimizing delay for both parties.
The four regional apartment associations who oppose the bill stress that their opposition is not a matter of supporting or not supporting veterans, but is based on the right of rental property owners to control the speedy process of filling vacancies, as well as concerns with impinging on the freedom of contract right. They state:
SB 1427 strips property owners of their freedom to contract (or not contract) in connection with the property they own. The proposal requires property owners to participate in the voluntary VASH program and adhere to all of the program’s rules and regulations. It thus forces owners to contract with the federal government, whether they want to or not.
A forced partnership with a governmental agency significantly impacts business operations, unreasonably interferes with private property rights, and requires the property owner to contract with the federal government. Under contract, property owners become subject to federal laws and regulations to which the owner would not otherwise be subject. Moreover, they are subject to mandates onerous and burdensome inspections, maintenance, reporting, and other compliance regulations.
SB 1427 unreasonably interferes with private property rights. It deprives property owners of use of their property, and may constitute an unconstitutional taking. It requires an owner to contract with the federal government, become subject to federal laws and regulations to which the owner would not otherwise be subject, accept government mandated lease terms, and participate in burdensome regulatory compliance obligations.
Housing for veterans and the HUD-VASH voucher program is a priority for the state. Opponents fail to fully acknowledge the significant housing crisis facing veterans and the narrowness of this legislation. Proponents of the bill contend that the bill is narrowly tailored to address a singular issue of great priority to the state, namely the crisis of available housing for veterans who are homeless or at risk of being homeless. It should be noted that, as heard in the Senate, this bill was opposed by the California Apartment Association, the California Building Industry Association, and the California Chamber of Commerce. However, the recent June 7, 2018 amendments to the bill, adding certain legislative findings and declarations, have now resulted in those groups removing their opposition to the bill. As amended, the bill declares that ensuring an adequate supply of housing for veterans is of critical importance, and that distinguishes veterans’ housing as an issue "which merits amendment to California law relating to source of income and federal Department of Housing and Urban Development Veterans Affairs Supportive Housing Vouchers.”
Proponents of the bill also note that because the bill applies only to HUD-VASH vouchers holders, the scope of the bill is relatively narrow as compared to past legislation on Section 8 vouchers, thus limiting its impact on landlords generally. They note there are a very limited number of HUD-VASH vouchers available in the state – that, in fact, only 2,198 were given to California veterans in 2018. (HUD-VASH Press Release, April 6, 2018. URL: https://www.hud.gov/press/press_releases_media_ advisories/hud_no_18_027).
Additionally, given that HUD-VASH voucher recipients are required to receive supportive services, it is possible that these veterans would actually be more stable, reliable tenants than similar non-veteran prospective renters who lack the support available through the HUD-VASH program or healthcare through the VA. HUD-VASH program recipients are also able to continue receiving vouchers for as long as they meet eligibility requirements of the program. Therefore, while other non-veteran tenants may become unable to pay rent due to unforeseen circumstances such as job loss or financial burdens, HUD-VASH tenants may actually be able to provide greater stability for landlords (and thus lower the costs related to tenant turnover and unit vacancies).
REGISTERED SUPPORT / OPPOSITION:
Support
American GI Forum of California
American Legion-Department of California
AMVETS-Department of California
California Association of County Veterans Service Officers
California Association of Veteran Service Agencies
California State Commanders Veterans Council
Military Officers Association of America – California Council of Chapters
National Association of Social Workers – California
National Guard Association of California
Public Counsel
Veterans Legal Institute
Vietnam Veterans of America-California State Council
Opposition
Apartment Association of Southern California Cities
Apartment Association of Orange County
California Association of Realtors
East Bay Rental Housing Association
North Valley Property Owners Association
Analysis Prepared by: Sandra Nakagawa and Anthony Lew / JUD. / (916) 319-2334
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 1427
:
SENATE JUDICIARY COMMITTEE: 6-0, 4/24/18
AYES: Jackson, Anderson, Hertzberg, Monning, Stern, Wieckowski
NO VOTE RECORDED: Moorlach
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
DIGEST:
This bill underscores that housing discrimination on account of “military or veteran status” is unlawful in California by explicitly so stating in the provision of the Fair Employment and Housing Act (FEHA). In addition, by defining a Veterans Affairs Supportive Housing (VASH) voucher as a “source of income” for purposes of FEHA, this bill prohibits landlords from refusing to rent to a prospective tenant solely because the applicant proposes to pay part or all of the rent using a VASH voucher.
Existing law:
- Declares it to be against public policy to discriminate on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information in housing accommodations. (Gov. Code Sec. 12920.)
- Declares that the opportunity to seek, obtain, and hold housing without discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, genetic information, or any other specified basis is a civil right. (Gov. Code Sec. 12921.)
- Makes it unlawful for the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information of that person. (Gov. Code Sec. 12955.)
- Specifies certain acts that constitute unlawful discrimination, including either of the following:
- using a financial or income standard in the rental of housing that fails to account for the aggregate income of persons residing together or proposing to reside together on the same basis as the aggregate income of married persons residing together or proposing to reside together; or
- in instances where there is a government rent subsidy, using a financial or income standard in assessing eligibility for the rental of housing that is not based on the portion of the rent to be paid by the tenant. (Gov. Code Sec. 12955 (n), (o).)
- Specifies that it shall not constitute discrimination based on source of income to make a written or oral inquiry concerning the level or source of income. (Gov. Code Sec. 12955 (p).)
- Provides that a person intends to unlawfully discriminate if one of the protected classes played a motivating factor in committing a discriminatory housing practice, as specified. A violation can be found when the act has the effect of unlawfully discriminating, regardless of the intent, as specified. (Gov. Code Sec. 12955.8.)
- Defines “source of income” to mean lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant, but specifies that a landlord is not considered a representative of a tenant. (Gov. Code Sec. 12927, 12955 (p).)
This bill:
- Adds “military and veteran status” to the list of characteristics protected against housing discrimination in FEHA.
- Defines a Veterans Affairs Supported Housing (HUD-VASH) voucher as a source of income, thus making it unlawful for a landlord to discriminate against tenants who use HUD-VASH vouchers to pay for part or all of their rent.
Homelessness among military veterans is a major problem. According to the U.S. Veterans Administration and the U.S. Department of Housing and Urban Development, as of 2012 there were approximately 62,619 homeless veterans nationwide, of which about a quarter were located in California. While the California Department of Veterans Affairs reports that the number of homeless veterans in the state “has been nearly cut in half” in recent years, there is general agreement that the homelessness rate among veterans remains unacceptably high. (Ibid.)
The high cost of housing is one major part of the problem. According to a 2013 National Low-Income Housing Coalition study on the topic, 1.5 million veteran households suffered from severe housing cost burden in 2011, spending more than 50% of their income on housing. There were also significant disparities among veteran households, with veteran households headed by a racial minority, females, and those with a disability more likely to be cost burdened than their counterparts. (Ibid.)
Medical and psychological conditions act as further barriers to stable housing. According to the California Department of Veterans Affairs:
Veterans often suffer from conditions that make it difficult to find and maintain gainful employment and pay for housing. Along with the high rates of post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI), the VA has found that approximately 55% of homeless veterans suffer from mental health issues, 70% are affected by substance abuse issues, and 40% of female homeless veterans report experience [sic] severe forms of mental illness, mostly due to higher rates of military sexual trauma (MST).
VASH vouchers aim to address both of these challenges simultaneously. VASH vouchers subsidize rental payments for homeless veterans and come along with supportive services in the form of case management and clinical services. VASH vouchers can be an important tool for combatting homelessness among veterans, therefore.
Under existing California law, however, landlords are not obligated to consider applicants with VASH vouchers and many evidently will not. The Los Angeles Housing Authority reports data showing, for instance, that HUD-VASH housing vouchers have the lowest success rate amongst housing vouchers the Authority issues, where “success” is defined as placing the voucher recipient in a rental unit. The success rate for general (non-veteran) Housing Choice Voucher recipients is 60 percent. The success rate for the Authorities other non-veteran housing vouchers is 67 percent. By comparison, the success rate for HUD-VASH vouchers is a mere 33 percent.
A National Public Radio story on the issue observed that the fact that California currently allows landlords to refuse to rent to HUD-VASH voucher holders “is seen as one reason that Los Angeles has the largest number of homeless vets nationwide, a number that rose last year.”
This bill defines a VASH voucher as a “source of income” for purposes of FEHA. Since FEHA prohibits housing discrimination based on “source of income,” (Gov. Code Sec. 12955(a)), the bill would have the effect of making it unlawful for landlords to refuse to rent to a tenant merely because the tenant proposes to pay part or all of the rent through the use of a VASH voucher.
At the same time, the bill incorporates “military or veteran status” into the list of characteristics protected against housing discrimination by FEHA, thus adding an additional layer to existing protections against such discrimination under California law.
Comments
- Comparison to employment discrimination law. FEHA, as the name implies, protects Californians’ civil rights in the workplace and in housing.
On the employment side of the ledger, FEHA’s provisions explicitly protect people from discrimination and harassment on account of “race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status” (Gov. Code Sec. 12940(a) and (j).) On the housing side, by contrast, the relevant statute says that those providing housing accommodations shall not discriminate “because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information.” (Gov. Code Sec. 12955(a).)
By inserting “military and veteran status” into FEHA’s provisions regarding housing discrimination, this bill brings California’s housing discrimination laws into greater harmony with its employment discrimination laws.
- About VASH Vouchers. The U.S. Department of Veterans Affairs describes the VASH voucher program as follows:
HUD-VASH is a collaborative program between HUD and VA combines [sic] HUD housing vouchers with VA supportive services to help Veterans who are homeless and their families find and sustain permanent housing.
Through public housing authorities, HUD provides rental assistance vouchers for privately owned housing to Veterans who are eligible for VA health care services and are experiencing homelessness. VA case managers may connect these Veterans with support services such as health care, mental health treatment and substance use counseling to help them in their recovery process and with their ability to maintain housing in the community. Among VA homeless continuum of care programs, HUD-VASH enrolls the largest number and largest percentage of Veterans who have experienced long-term or repeated homelessness. As of Sept. 30, 2015, HUD had allocated more than 78,000 vouchers to help house Veterans across the country.
A 2016 Orange County Register article aptly described HUD-VASH vouchers as “Section 8 Housing vouchers dressed up in camouflage” though it is important to note that Section 8 vouchers, which are available on a limited basis to eligible low-income households, do not come with supportive services.
- Landlord requirements associated with VASH Vouchers. From the landlord’s perspective, renting to a tenant who will pay part or all of the rent with a VASH voucher is not as simple as just moving the person in and accepting rent payments. Before the federal government will subsidize rent payments to a landlord on behalf of a tenant, the landlord must comply with certain requirements. In summary form, those requirements are:
- the landlord must apply to the local public housing authority to be put on the list of approved HUD-VASH properties;
- the landlord must attend an informational session regarding the landlord’s rights and responsibilities as a participant in the HUD-VASH program;
- the landlord must schedule a HUD Housing Quality Standards inspection to ensure the property meets minimum residential housing codes; and
- the landlord and tenant must a sign a lease that complies with HUD-VASH lease requirements.
Since landlords must go through these steps to rent to a VASH voucher holder, prohibiting landlords from refusing to rent to a VASH voucher, as this bill would do, would have the effect of requiring landlords to go through the VASH voucher landlord process.
Related/Prior Legislation
SB 1053 (Leno, 2016) would have expanded the definition of “source of income” within FEHA to include lawful, verifiable income paid to a housing owner or landlord on behalf of a tenant, including federal, state, or local public assistance and federal, state, or local housing subsidies. SB 1053 was held on suspense in the Senate Appropriations Committee.)
AB 556 (Salas, Chapter 691, Statutes of 2013) added “military and veteran status,” as defined, to the list of categories protected from employment discrimination under the Fair Employment and Housing Act.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
American GI Forum of California
American Legion-Department of California
AMVETS-Department of California
California Association of County Veterans Service Officers
California Association of Veteran Service Agencies
California State Commanders Veterans Council
Military Officers Association of America – California Council of Chapters
National Association of Social Workers – California
National Guard Association of California
Public Counsel
Veterans Legal Institute
Vietnam Veterans of America-California State Council
California Apartment Association
California Association of Realtors
California Building Industry Association
California Chamber Of Commerce
ARGUMENTS IN SUPPORT: According to the author:
SB 1427 would protect veterans and military personnel from housing discrimination and ensure that landlords cannot deny homeless veterans housing based solely on the fact that they receive a rental assistance voucher.
U.S. veterans and those currently serving in the armed forces are protected from employment discrimination by the California Fair Employment and Housing Act. However, the law does not specifically include veterans or military personnel among those who are protected from housing discrimination. SB 1427 would address this gap by adding veterans and military personnel as a protected class in statutes relating to housing discrimination.
Veterans and military personnel face significant housing challenges. California has the largest number of veterans experiencing homelessness at 9,612. Homeless veterans in California represented 24 percent of the national homeless veteran population. SB 1427 will ensure veterans and military personnel are not discriminated against in housing and are not denied housing because of how they pay their rent.
In support, the California Association of Veterans Service Agencies writes:
Veterans and military personnel face significant housing challenges. California has the largest number of veterans experiencing homelessness at 9,612. SB 1427 will ensure veterans and military personnel are not discriminated against in housing and are not denied housing because of how they pay their rent.
ARGUMENTS IN OPPOSITION: In opposition to the bill unless amended, the California Apartment Association, the California Association of Realtors, the California Building Industry Association, and the California Chamber of Commerce write:
We strongly agree with – and support – the language in [SB 1427] that would prohibit discrimination against any person because of their veteran or military status. However, changing current law to make the section 8 program mandatory for veterans and military, is simply not workable. We agree that Section 8 vouchers play an important role in helping low-income Californians find housing, and many of our members participate in the program. However, because of the significant number of challenges associated with the program, a statewide mandate is not feasible for property owners or for housing authorities. […]
[H]ousing authorities throughout the State significantly lack the resources and funding to efficiently administer the Section 8 program. Mandating that every owner accept Section 8 or veterans and military will only further strain housing authorities and lead to increased costs and delays for property owners. SB 1427 is a costly new mandate, without providing any additional funding for housing authorities to effectively do their job. We welcome the opportunity to work with you and California’s Congressional delegation to improve the program to encourage more rental property owners to participate.
5/9/18 14:16:53
**** END ****
Senator Hannah-Beth Jackson, Chair
2017-2018 Regular Session
Bill No: SB 1427 (Author:Hill)
Version: April 4, 2018
Hearing Date: April 24, 2018
Fiscal: Yes
Urgency: No
Consultant: TSG
SUBJECT
Discrimination: veteran or military status
DESCRIPTION
This bill would underscore that housing discrimination on account of “military or veteran status” is unlawful in California by explicitly so stating in the provision of the Fair Employment and Housing Act (FEHA). In addition, by defining a Veterans Affairs Supportive Housing (VASH) voucher as a “source of income” for purposes of FEHA, the bill would prohibit landlords from refusing to rent to a prospective tenant solely because the applicant proposes to pay part or all of the rent using a VASH voucher.
BACKGROUND
Homelessness among military veterans is a major problem. According to the U.S. Veterans Administration and the U.S. Department of Housing and Urban Development, as of 2012 there were approximately 62,619 homeless veterans nationwide, of which about a quarter were located in California.[1] While the California Department of Veterans Affairs reports that the number of homeless veterans in the state “has been nearly cut in half” in recent years, there is general agreement that the homelessness rate among veterans remains unacceptably high. (Ibid.)
The high cost of housing is one major part of the problem. According to a 2013 National Low-Income Housing Coalition study on the topic, 1.5 million veteran households suffered from severe housing cost burden in 2011, spending more than 50% of their income on housing.[2] There were also significant disparities among veteran households, with veteran households headed by a racial minority, females, and those with a disability more likely to be cost burdened than their counterparts. (Ibid.)
Medical and psychological conditions act as further barriers to stable housing. According to the California Department of Veterans Affairs:
Veterans often suffer from conditions that make it difficult to find and maintain gainful employment and pay for housing. Along with the high rates of post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI), the VA has found that approximately 55% of homeless veterans suffer from mental health issues, 70% are affected by substance abuse issues, and 40% of female homeless veterans report experience [sic] severe forms of mental illness, mostly due to higher rates of military sexual trauma (MST).
Veterans Affairs Supportive Housing (VASH) vouchers aim to address both of these challenges simultaneously. VASH vouchers subsidize rental payments for homeless veterans and come along with supportive services in the form of case management and clinical services. VASH vouchers can be an important tool for combatting homelessness among veterans, therefore.
Under existing California law, however, landlords are not obligated to consider applicants with VASH vouchers and many evidently will not. The Los Angeles Housing Authority reports data showing, for instance, that HUD-VASH housing vouchers have the lowest success rate amongst housing vouchers the Authority issues, where “success” is defined as placing the voucher recipient in a rental unit. The success rate for general (non-veteran) Housing Choice Voucher recipients is 60 percent. The success rate for the Authorities other non-veteran housing vouchers is 67 percent. By comparison, the success rate for HUD-VASH vouchers is a mere 33 percent.[3]
A National Public Radio story on the issue observed that the fact that California currently allows landlords to refuse to rent to HUD-VASH voucher holders “is seen as one reason that Los Angeles has the largest number of homeless vets nationwide, a number that rose last year.”[4]
This bill would define a VASH voucher as a “source of income” for purposes of the California Fair Employment and Housing Act (FEHA). Since FEHA prohibits housing discrimination based on “source of income,” (Gov. Code Sec. 12955(a)), the bill would have the effect of making it unlawful for landlords to refuse to rent to a tenant merely because the tenant proposes to pay part or all of the rent through the use of a VASH voucher.
At the same time, the bill would incorporate “military or veteran status” into the list of characteristics protected against housing discrimination by FEHA, thus adding an additional layer to existing protections against such discrimination under California law.
CHANGES TO EXISTING LAW
Existing law, as part of the Fair Employment and Housing Act (FEHA), declares it to be against public policy to discriminate on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information in housing accommodations. (Gov. Code Sec. 12920.)
Existing law declares that the opportunity to seek, obtain, and hold housing without discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, genetic information, or any other specified basis is a civil right. (Gov. Code Sec. 12921.)
Existing law declares it unlawful for the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information of that person. (Gov. Code Sec. 12955.)
Existing law specifies certain acts that constitute unlawful discrimination, including either of the following:
- using a financial or income standard in the rental of housing that fails to account for the aggregate income of persons residing together or proposing to reside together on the same basis as the aggregate income of married persons residing together or proposing to reside together; or
- in instances where there is a government rent subsidy, using a financial or income standard in assessing eligibility for the rental of housing that is not based on the portion of the rent to be paid by the tenant. (Gov. Code Sec. 12955 (n), (o).)
Existing law specifies that it shall not constitute discrimination based on source of income to make a written or oral inquiry concerning the level or source of income. (Gov. Code Sec. 12955 (p).)
Existing law provides that a person intends to unlawfully discriminate if one of the protected classes played a motivating factor in committing a discriminatory housing practice, as specified. A violation can be found when the act has the effect of unlawfully discriminating, regardless of the intent, as specified. (Gov. Code Sec. 12955.8.)
Existing law defines “source of income” to mean lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant, but specifies that a landlord is not considered a representative of a tenant. (Gov. Code Sec. 12927, 12955 (p).)
This bill would add “military and veteran status” to the list of characteristics protected against housing discrimination in FEHA.
This bill would define a Veterans Affairs Supported Housing (HUD-VASH) voucher as a source of income, thus making it unlawful for a landlord to discriminate against tenants who use HUD-VASH vouchers to pay for part or all of their rent.
COMMENT
1. Stated need for the bill
According to the author:
SB 1427 would protect veterans and military personnel from housing discrimination and ensure that landlords cannot deny homeless veterans housing based solely on the fact that they receive a rental assistance voucher.
U.S. veterans and those currently serving in the armed forces are protected from employment discrimination by the California Fair Employment and Housing Act. However, the law does not specifically include veterans or military personnel among those who are protected from housing discrimination. SB 1427 would address this gap by adding veterans and military personnel as a protected class in statutes relating to housing discrimination.
Veterans and military personnel face significant housing challenges. California has the largest number of veterans experiencing homelessness at 9,612. Homeless veterans in California represented 24 percent of the national homeless veteran population. SB 1427 will ensure veterans and military personnel are not discriminated against in housing and are not denied housing because of how they pay their rent.
In support, the California Association of Veterans Service Agencies writes:
Veterans and military personnel face significant housing challenges. California has the largest number of veterans experiencing homelessness at 9,612. SB 1427 will ensure veterans and military personnel are not discriminated against in housing and are not denied housing because of how they pay their rent.
2. Concerns expressed about the bill
In opposition to the bill unless amended, the California Apartment Association, the California Association of Realtors, the California Building Industry Association, and the California Chamber of Commerce write:
We strongly agree with – and support – the language in [SB 1427] that would prohibit discrimination against any person because of their veteran or military status. However, changing current law to make the section 8 program mandatory for veterans and military, is simply not workable. We agree that Section 8 vouchers play an important role in helping low-income Californians find housing, and many of our members participate in the program. However, because of the significant number of challenges associated with the program, a statewide mandate is not feasible for property owners or for housing authorities. […]
[H]ousing authorities throughout the State significantly lack the resources and funding to efficiently administer the Section 8 program. Mandating that every owner accept Section 8 or veterans and military will only further strain housing authorities and lead to increased costs and delays for property owners. SB 1427 is a costly new mandate, without providing any additional funding for housing authorities to effectively do their job. We welcome the opportunity to work with you and California’s Congressional delegation to improve the program to encourage more rental property owners to participate.
3. Comparison to employment discrimination law
The Fair Employment and Housing Act (FEHA), as the name implies, protects Californians’ civil rights in the workplace and in housing.
On the employment side of the ledger, FEHA’s provisions explicitly protect people from discrimination and harassment on account of “race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status” (Gov. Code Sec. 12940(a) and (j).) On the housing side, by contrast, the relevant statute says that those providing housing accommodations shall not discriminate “because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information.” (Gov. Code Sec. 12955(a).)
By inserting “military and veteran status” into FEHA’s provisions regarding housing discrimination, this bill would bring California’s housing discrimination laws into greater harmony with its employment discrimination laws.
4. Unruh Act coverage of housing discrimination against servicemembers and veterans
While “military and veteran status” is not mentioned in the FEHA provisions outlawing housing discrimination, such discrimination is prohibited by other California law.
Most notably, Civil Code Section 51, known as the Unruh Civil Rights Act, states that:
[a]ll persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. (Civ. Code Sec. 51(b).)
Businesses that provide housing accommodations are one type of business enterprise encompassed by the Unruh Civil Rights Act. Flowers v. John Burnham & Co. (1971) 21 Cal.App.3d 700.). In addition, despite the enumeration of specific protected characteristics within the statute, California courts have ruled that the protections afforded by the Unruh Civil Rights Act are not “confined only to a limited category of protected classes, but rather protect all persons from any arbitrary discrimination by a business establishment.” Marina Point, Ltd. v. Wolfson (1982) 30 Cal.3d 721, 730.) Thus, as discrimination based on military or veteran status may be seen as “arbitrary” in the context of housing accommodation, the Unruh Civil Rights Act already bans such discrimination.
Using the Unruh Civil Rights Act in this way and also drawing upon FEHA’s prohibition on discrimination based on source of income, the California Department of Fair Employment (DFEH) has already had some success in combatting housing discrimination based on military status. In August 2017, DFEH reported that it:
settled complaints that a landlord violated the state’s civil rights laws when he refused to rent an Orange County condominium unit to Viridiana Mendez and her family because her husband, Albert Quintanilla, is a United States Marine. […]
Ms. Mendez inquired about renting the condominium unit in April 2016, intending to share it with her husband and their minor daughter. Ms. Mendez was questioned by the landlord and his wife. According to Ms. Mendez, the landlord expressed no reservations about renting to her until he learned that Mr. Quintanilla is a Marine and that the family might leave the unit before the end of the full lease term if he received orders to deploy overseas. He then allegedly told her he would not rent to her or even give her a rental application because of her husband’s military service.
The settlement requires the landlord to pay Ms. Mendez $4,500 and undergo training on fair housing laws.[5]
Thus, though this bill will enshrine “military and veteran” status among the characteristics explicitly protected against housing discrimination by FEHA, such discrimination is already unlawful under California law.
5. About VASH Vouchers
The U.S. Department of Veterans Affairs describes the VASH voucher program as follows:
HUD-VASH is a collaborative program between HUD and VA combines [sic] HUD housing vouchers with VA supportive services to help Veterans who are homeless and their families find and sustain permanent housing.
Through public housing authorities, HUD provides rental assistance vouchers for privately owned housing to Veterans who are eligible for VA health care services and are experiencing homelessness. VA case managers may connect these Veterans with support services such as health care, mental health treatment and substance use counseling to help them in their recovery process and with their ability to maintain housing in the community. Among VA homeless continuum of care programs, HUD-VASH enrolls the largest number and largest percentage of Veterans who have experienced long-term or repeated homelessness. As of Sept. 30, 2015, HUD had allocated more than 78,000 vouchers to help house Veterans across the country.
A 2016 Orange County Register article aptly described HUD-VASH vouchers as “Section 8 Housing vouchers dressed up in camouflage”[6] though it is important to note that Section 8 vouchers,[7] which are available on a limited basis to eligible low-income households, do not come with supportive services.
6. Landlord requirements associated with VASH Vouchers
From the landlord’s perspective, renting to a tenant who will pay part or all of the rent with a VASH voucher is not as simple as just moving the person in and accepting rent payments. Before the federal government will subsidize rent payments to a landlord on behalf of a tenant, the landlord must comply with certain requirements. In summary form, those requirements are:
- the landlord must apply to the local public housing authority to be put on the list of approved HUD-VASH properties;
- the landlord must attend an informational session regarding the landlord’s rights and responsibilities as a participant in the HUD-VASH program;
- the landlord must schedule a HUD Housing Quality Standards inspection to ensure the property meets minimum residential housing codes; and
- the landlord and tenant must a sign a lease that complies with HUD-VASH lease requirements.[8]
Since landlords must go through these steps to rent to a VASH voucher holder, prohibiting landlords from refusing to rent to a VASH voucher, as this bill would do, would have the effect of requiring landlords to go through the VASH voucher landlord process.
On the one hand, this represents some additional administrative burdens for a landlord and the possibility of lost rental income if the process delays a tenant’s move-in date. The opponents of the bill assert that:
[t]he Section 8 approval process for a rental property owner to participate is extremely time consuming and difficult to understand, with little assistance available to owners through the housing authorities. It includes a very lengthy document preparation process that owners and tenants must complete. Many small rental property owners simply do not have the resources to maneuver the long and complicated process.
On the other hand, many aspects of the process for a landlord simply hold them accountable for things they are already legally required to do.
For example, to pass a HUD housing inspection on the first try, the U.S. Department of Veterans Affairs recommends that landlords ensure that their rental properties have: working smoke alarm(s); proper ventilation in bathrooms (window or fan); connected utilities; a functional stove and refrigerator; a window in every bedroom that can stay open without props; a working water heater discharge line and pop/relief valves; handrails for steps; and secure railings for porches and balconies. By the same token, landlords are encouraged to make sure their rental properties do not have: broken or missing locks; broken or missing windows; bugs or vermin; tripping hazards on the floor; exposed electrical wiring; and chipping or peeling paint inside or outside.[9]
These are, of course, the sort of bare minimum conditions that a landlord must maintain under California’s warranty of habitability. (Civ. Code Sec. 1941.1.) Outside of the subsidized housing voucher context, however, no government entity proactively inspects rental housing to ensure that it complies with these basic requirements. Thus, participating in subsidized housing programs like the VASH vouchers subjects landlords to greater accountability for providing and maintaining basic housing conditions for their tenants.
7. The Washington State Attorney General’s VASH voucher “sting” operation
Washington State Attorney General Bob Ferguson takes the position that it is unlawful discrimination under that state’s laws for a landlord to refuse to rent to a tenant because that tenant will pay using a VASH voucher. In March 2018, Ferguson’s office conducted a “sting” operation in which it contacted landlords posing as a prospective tenant who would be paying with a VASH voucher. Out of 50 landlords contacted, ten of them responded that they do not accept VASH voucher holders under any circumstance.[10]
Support: California Association of Veteran Service Agencies; Veterans Legal Institute
Opposition: California Apartment Association; California Association of Realtors; California Building Industry Association; California Chamber of Commerce
HISTORY
Source: Author
Related Pending Legislation: SB 1500 (Committee on Veterans Affairs, 2018) would, among other things, update and expand prohibitions on employment discrimination against members of the military, as well as discrimination against uniformed military personnel in the provision of public accommodations. SB 1500 is currently pending consideration before the Senate Committee on Judiciary.
Prior Legislation:
AB 1710 (Committee on Veterans Affairs, Chapter 591, Statutes of 2017) expands existing protections for military servicemembers in their civilian workplaces to include protection against hostile work environments.
SB 1053 (Leno, 2016) would have expanded the definition of “source of income” within FEHA to include lawful, verifiable income paid to a housing owner or landlord on behalf of a tenant, including federal, state, or local public assistance and federal, state, or local housing subsidies. SB 1053 was held on suspense in the Senate Appropriations Committee.)
AB 447 (Maienschein, Ch. 432, Stats. 2015) prohibited real property insurers from, among other things, failing or refusing to accept an application, issue, or cancel a policy based on the level or source of income of individuals residing or intending to reside on the real property, or based on the receipt of assistance, intended for housing, from the federal or state government, or from a local public entity, by an individual or group of individuals residing or intending to reside upon the property, as specified. This bill also prohibited real property insurers from requiring this information on an application for insurance, as specified.
AB 556 (Salas, Ch. 691, Stats. 2013) added “military and veteran status,” as defined, to the list of categories protected from employment discrimination under the Fair Employment and Housing Act.
SB 1252 (Corbett, Ch. 524, Stats. 2010) made technical revisions to several provisions of the Fair Employment and Housing Act, including consistently listing “source of income” as a characteristic that is protected from housing discrimination in various sections of the act.
SB 1145 (Burton, Ch. 568, Stats. 2004), among other things, removed the sunset date and thereby extended indefinitely a provision adopted in SB 1098 (Burton, Ch. 590, Stats. 1999), which prohibited discrimination under the Fair Employment and Housing Act on the basis of a person’s source of income, as specified.
SB 1098 (Burton, Ch. 590, Stats. 1999) prohibited, until January 1, 2005, discrimination under the Fair Employment and Housing Act on the basis of a person’s source of income, the failure to account for the aggregate income of co-residents, or the failure to exclude a government rent subsidy from that portion of the rent to be paid by the tenant in assessing his or her eligibility for rental housing.
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Homeless Veterans Outreach and Support, California Department of Veterans Affairs <https://www.calvet.ca.gov/VetServices/Pages/Homeless-Veterans-Outreach-Awareness.aspx> (as of Apr. 14, 2018). ↑
Housing Instability Among Our Nations’ Veterans (Nov. 2013) National Low Income Housing Coalition, p. 1 <http://nlihc.org/sites/default/files/NLIHC-Veteran-Report-2013.pdf> (as of Apr. 14, 2018). ↑
Success Rates CY2016, Housing Authority of the City of Los Angeles, on file with the Committee. ↑
Quil Lawrence, Washington State Attorney General: Housing Discrimination Against Veterans Is Evident (Mar. 5, 2018) National Public Radio <https://www.npr.org/2018/03/05/590974647/washington-state-attorney-general-housing-discrimination-against-veterans-is-evi> (as of Apr. 14, 2018). ↑
Department of Fair Employment and Housing Settles Complaints Against Landlord for Alleged Discrimination Against Military Family (Aug. 14, 2017) Department of Fair Employment and Housing <https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2017/08/Mendez-PR20170814.pdf> (as of Apr. 14, 2018). ↑
Christopher Gilbertson, America’s Veterans Deserve Better in O.C. (Jan. 4, 2016) Orange County Register <https://www.ocregister.com/2016/01/04/americas-veterans-deserve-better-in-oc/> (as of Apr. 14, 2018). ↑
Section 8 vouchers is a commonly used term for what are technically Housing Choice Vouchers. ↑
See How Landlords can Help End Veteran Homelessness, U.S. Department of Veterans Affairs <https://www.va.gov/homeless/landlords.asp> (as of Apr. 14, 2018). ↑
How Landlords can Help End Veteran Homelessness, supra U.S. Department of Veterans Affairs. ↑
Quil Lawrence, Washington State Attorney General: Housing Discrimination Against Veterans Is Evident (Mar. 5, 2018) National Public Radio <https://www.npr.org/2018/03/05/590974647/washington-state-attorney-general-housing-discrimination-against-veterans-is-evi> (as of Apr. 14, 2018). ↑
Discussed in Hearing
2MIN
Senate Floor
1MIN
Assembly Floor
44SEC
Assembly Floor
1MIN
Assembly Floor
5MIN
Assembly Standing Committee on Appropriations
19MIN
Assembly Standing Committee on Judiciary
3MIN
Senate Floor
14MIN
Senate Standing Committee on Judiciary
Bill Author
Bill Co-Author(s):