California and Federal Laws Against Housing Discrimination
Renters and tenants in California are protected from housing discrimination based on race, sex, age, national origin, and disability through both state and federal laws.
- The Americans With Disabilities Act requires that landlords must make reasonable accommodations for persons with disabilities to live in rental properties. Accommodations may include proper handrails, assistive features in bathrooms, accessible doorways, and other features that make a property appropriate for handicapped tenants. If the property in question is covered under the ADA and the property owner does not comply, the owner can be held financially liable for these technical violations.
- Californian tenants are also protected under the state's Unruh Act. Part of the Fair Employment and Housing Act, the Unruh Act bans housing discrimination based on race, national origin, sex, disability (including HIV and AIDS status), religion, and sexual orientation.
While the ADA focuses on holding landlords accountable for violations, the Unruh Act seeks to hold them accountable for discriminatory states of mind against disabled or otherwise protected tenants.
If you were discriminated against and denied housing by a potential landlord because of your status in one of these protected classes, you can take action against the landlord or property manager.
On the other hand, not all properties are covered by the ADA or Unruh Act and it is not always possible to adapt all buildings to make every accommodation that may be required by a particular disabled person. There are situations in which these laws do not apply, and there are circumstances under which a landlord has every right to deny tenancy.
Whether you are a tenant who has suffered from discrimination in housing, or a landlord unfairly charged with housing discrimination, the Law Offices of Kenny Tan can assert or protect your rights in rental matters. Contact one of our three California real estate law offices to schedule a consultation. We have offices in Diamond Bar, Oakland and San Diego.
Kenny Tan [Link to Attorney Profiles Page] is not only a California real estate attorney; he is also the owner of a property management company. This gives him firsthand knowledge of the issues that landlords and tenants face when it comes to seeking housing, screening tenants, and housing discrimination.
If you have been the victim of housing discrimination, attorney Tan will help you decide which law will help you pursue a damages claim in court — the ADA or the Unruh Act. He will help you file a grievance with the California Department of Fair Employment and Housing (DFEH) to put a stop to housing discrimination, which can also protect you from retaliatory eviction.
If you have been unfairly charged with housing discrimination, attorney Tan will defend your case in state or federal courts or before administrative bodies.
