SB 1335: Discrimination: housing: credit history of persons receiving housing subsidies.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2022-04-21
Existing law, the California Fair Employment and Housing Act (FEHA), prohibits various forms of housing discrimination, including prohibiting the owner of a housing accommodation from discriminating against or harassing a person because of specified characteristics, including source of income, as defined, and establishes the Department of Fair Employment and Housing to administer and enforce those provisions. Existing law prohibits, in instances where there is a government rent subsidy, the use of 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.
This bill would recast those provisions to include a persons credit history as a prohibited basis for those forms of housing discrimination if the person receives federal, state, or local housing subsidies, as specified. The bill would prohibit the use of a persons credit history as part of the application process for a rental housing accommodation without offering the applicant the option of providing alternative evidence of financial responsibility and ability to pay as the applicant may choose to submit in instances where there is a government rent subsidy. The bill would require the housing provider to consider that alternative evidence in lieu of the persons credit history when determining whether to offer the rental accommodation to the applicant.
Existing law, the California Fair Employment and Housing Act (FEHA), prohibits various forms of housing discrimination, including prohibiting the owner of a housing accommodation from discriminating against or harassing a person because of specified characteristics, including source of income, as defined, and establishes the Department of Fair Employment and Housing to administer and enforce those provisions. Existing law prohibits, in instances where there is a government rent subsidy, the use of 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.
This bill would recast those provisions to include a persons credit history as a prohibited basis for those forms of housing discrimination if the person receives federal, state, or local housing subsidies, as specified. The bill would prohibit the use of a persons credit history as part of the application process for a rental housing accommodation in instances where there is a government rent subsidy.
It shall be unlawful:
(a)(1)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.
(2)For the owner of any housing accommodation to discriminate against or harass a person because of the persons credit history if the person receives federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) and United States Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers.(b)(1)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.
(2)For the owner of any housing accommodation to make or to cause to be made any written or oral inquiry concerning the credit history of a person seeking to purchase, rent, or lease a housing accommodation if the person receives federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) and United States Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers.(c)(1)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.
(2)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 credit history of a person who receives federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) and United States Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers or an intention to make that preference, limitation, or discrimination.(d)(1)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.
(2)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 that persons credit history if the person receives federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) and United States Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers.(e)(1)For any person, bank, mortgage company, or other financial institution that provides financial assistance for the purchase, refinancing, 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.
(2)For any person, bank, mortgage company, or other financial institution that provides financial assistance for the purchase, refinancing, organization, or construction of any housing accommodation to discriminate against any person or group of persons because of their credit history in the terms, conditions, or privileges relating to the obtaining or use of that financial assistance if that person or group of persons receives federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) and United States Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers.(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)(1)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.
(2)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 with a type of credit history if the person or persons receive federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) and United States Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers.(i)(1)(A)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.
(B)For any person or other organization or entity whose business involves real estate-related transactions to discriminate against a person who receives federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) and United States Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers, in making available a transaction, or in the terms and conditions of a transaction, because of the credit history of the housing subsidy recipient.(2)(A)For any person or other entity whose business includes performing appraisals, as defined in subdivision (b) of Section 11302 of the Business and Professions Code, of residential real property to discriminate against any person in making available those services, or in the performance of those services, 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.
(B)For any person or other entity whose business includes performing appraisals, as defined in subdivision (b) of Section 11302 of the Business and Professions Code, of residential real property to discriminate against any person who receives federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) and United States Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers, in making available those services, or in the performance of those services, because of the credit history of the housing subsidy recipient.(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)(1)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.
(2)To otherwise make unavailable or deny a dwelling based on discrimination because of the credit history of a person who receives federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) and United States Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers.(l)(1)(A)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.
(B)To discriminate through public or private land use practices, decisions, and authorizations because of the credit history of a person who receives federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) and United States Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers.(2)(A)Discrimination under this subdivision 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.
(B)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 do either of the following:
(1)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.
(2)Use a persons credit history as part of the application process for a rental accommodation. accommodation without offering the applicant the option, at the applicants discretion, of providing such alternative evidence of financial responsibility and ability to pay as the applicant may choose to submit. If the applicant elects to provide such alternative evidence of financial responsibility and ability to pay, the housing provider shall consider this alternative evidence in lieu of the persons credit history when determining whether to offer the rental accommodation to the applicant.
(p)(1)For the purposes of this section, source of income means lawful, verifiable income paid directly to a tenant, or to a representative of a tenant, or 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, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f). Source of income includes a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher. For the purposes of this section, a housing owner or landlord is not considered a representative of a tenant unless the source of income is a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher.
(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.
It shall be unlawful:
(a)(1)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.
(2)For the owner of any housing accommodation to discriminate against or harass a person because of the persons credit history if the person receives federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) and United States Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers.
(b)(1)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.
(2)For the owner of any housing accommodation to make or to cause to be made any written or oral inquiry concerning the credit history of a person seeking to purchase, rent, or lease a housing accommodation if the person receives federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) and United States Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers.
(c)(1)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.
(2)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 credit history of a person who receives federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) and United States Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers or an intention to make that preference, limitation, or discrimination.
(d)(1)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.
(2)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 that persons credit history if the person receives federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) and United States Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers.
(e)(1)For any person, bank, mortgage company, or other financial institution that provides financial assistance for the purchase, refinance, refinancing, 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.
(2)For any person, bank, mortgage company, or other financial institution that provides financial assistance for the purchase, refinancing, organization, or construction of any housing accommodation to discriminate against any person or group of persons because of their credit history in the terms, conditions, or privileges relating to the obtaining or use of that financial assistance if that person or group of persons receives federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) and United States Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers.
(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)(1)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.
(2)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 with a type of credit history if the person or persons receive federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) and United States Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers.
(i)(1)(A)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.
(B)For any person or other organization or entity whose business involves real estate-related transactions to discriminate against a person who receives federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) and United States Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers, in making available a transaction, or in the terms and conditions of a transaction, because of the credit history of the housing subsidy recipient.
(2)(A)For any person or other entity whose business includes performing appraisals, as defined in subdivision (b) of Section 11302 of the Business and Professions Code, of residential real property to discriminate against any person in making available those services, or in the performance of those services, 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.
(B)For any person or other entity whose business includes performing appraisals, as defined in subdivision (b) of Section 11302 of the Business and Professions Code, of residential real property to discriminate against any person who receives federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) and United States Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers, in making available those services, or in the performance of those services, because of the credit history of the housing subsidy recipient.
(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)(1)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.
(2)To otherwise make unavailable or deny a dwelling based on discrimination because of the credit history of a person who receives federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) and United States Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers.
(l)(1)(A)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
(B)To discriminate through public or private land use practices, decisions, and authorizations because of the credit history of a person who receives federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) and United States Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers.
(2)(A)Discrimination under this subdivision 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
(B)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. do either of the following:
(1)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.
(2)Use a persons credit history as part of the application process for a rental accommodation.
(p)(1)For the purposes of this section, source of income means lawful, verifiable income paid directly to a tenant, or to a representative of a tenant, or 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, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f). Source of income includes a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher. For the purposes of this section, a housing owner or landlord is not considered a representative of a tenant unless the source of income is a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher.
(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.
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Date
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Status
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| Jun 15, 2022 | June 15 set for first hearing canceled at the request of author. |
| Jun 2, 2022 | Referred to Coms. on H. & C.D. and JUD. |
| May 27, 2022 | In Assembly. Read first time. Held at Desk. |
| May 26, 2022 | Read third time. Passed. (Ayes 29. Noes 5. Page 3966.) Ordered to the Assembly. |
| May 19, 2022 | From committee: Do pass. (Ayes 5. Noes 2. Page 3793.) (May 19). |
| May 13, 2022 | Set for hearing May 19. |
| May 9, 2022 | May 9 hearing: Placed on APPR suspense file. |
| Apr 29, 2022 | Set for hearing May 9. |
| Apr 21, 2022 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 20, 2022 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 3438.) (April 19). |
| Apr 7, 2022 | Set for hearing April 19. |
| Mar 30, 2022 | April 5 hearing postponed by committee. |
| Mar 17, 2022 | Set for hearing April 5. |
| Mar 2, 2022 | Referred to Com. on JUD. |
| Feb 22, 2022 | From printer. |
| Feb 18, 2022 | Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement. |
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Date
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Description
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Location
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Votes
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| May 26, 2022 | Senate 3rd Reading SB1335 Eggman | Senate Floor |
Passed |
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Bill Author
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