BILL ANALYSIS
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THIRD READING
Bill No: SB 1252
Author: Corbett (D)
Amended: 5/19/10
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-1, 4/13/10
AYES: Corbett, Hancock, Leno
NOES: Walters
NO VOTE RECORDED: Harman
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Housing: discrimination
SOURCE : Department of Fair Employment and Housing
DIGEST : This bill, sponsored by the Department of Fair
Employment and Housing, amends the Fair Employment and
Housing Act (FEHA) to make technical revisions to several
provisions pertaining to housing discrimination.
Specifically, this bill (1) amends FEHA's civil penalty
caps to conform with those imposed in violation of the
federal Fair Housing Amendments Act (FHAA), (2) makes
technical revisions to consistently include "source of
income" as a characteristic which is protected from housing
discrimination, and (3) clarifies that admission
preferences based on age, imposed in connection with a
federally-approved housing program, do not constitute age
discrimination in housing.
CONTINUED
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Senate Floor Amendments of 5/19/10 insert intent language
into this bill stating that it is the intent of the bill to
clarify that the characteristics that may not serve as a
basis for discrimination in housing under FEHA. This
intent language specifies that these provisions are
intended to create consistency within FEHA and do not
create any new substantive rights in addition to those
already provided for under current law.
ANALYSIS : Existing law, the Unruh Civil Rights Act,
outlaws discrimination based on sex, race, color, religion,
ancestry, national origin, disability, medical condition,
marital status, or sexual orientation. This applies to all
businesses, including housing accommodations. Businesses
may not discriminate in the sale or rental of housing
accommodations based on age, with the exception of
establishments which are designed to accommodate the unique
social and physical needs of senior citizens. (Sections 51
and 51.2 of the Civil Code)
Existing federal law prohibits the refusal to sell or rent
a housing accommodation to any person because of race,
floor, religion, sex, familial status, or national origin.
(42 U.S.C. Section 3604)
Existing law, the Fair Employment and Housing Act, declares
it to be against public policy to discriminate on the
grounds of race, color, religion, sex, sexual orientation,
marital status, national origin, ancestry, familial status,
or disability; and that every person has a civil right to
be given the opportunity to seek, obtain, or hold
employment and housing without facing discrimination based
on these protected classes. (Sections 12920 and 12921 of
the Government Code)
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. A violation can be found when the act has the
effect of unlawfully discriminating, regardless of the
intent. (Section 12955.8 of the Government Code)
Existing law declares it unlawful for any housing
accommodation owner to inquire about; make known any
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preference or limitation as to; discriminate; or harass a
person based on the person's race, color, religion, sex,
sexual orientation, marital status, national origin,
ancestry, familial status, source of income, or disability.
(Section 12955 of the Government Code)
Existing law provides that an owner may be subject to a
civil penalty of up to $10,000 for his/her first violation
of FEHA. If it is the offender's second violation within
five years, a civil penalty may be assessed of up to
$25,000. If it is the offender's third violation within
seven years, a civil penalty may be assessed of up to
$50,000. (Section 12987 of the Government Code)
Existing federal law provides that an administrative law
judge may impose a civil penalty of up to $16,000 for a
violation of a Fair Housing Act. If it is the offender's
second violation within five years, a civil penalty may be
assessed up of up $37,500. If the offender has violated
the Fair Housing Act three or more times within seven
years, a civil penalty may be assessed of up to $65,000.
(24 C.F.R. 180.671)
This bill clarifies that admission preferences based on
age, imposed in connection with a federally-approved
housing program, do not constitute age discrimination in
housing.
This bill makes technical revisions to add "source of
income" to the list of classes protected under Sections
12920, 12921, 12927, and 12955.8 of the Government Code.
This bill increases the maximum civil penalties that may be
assessed for a violation of the FEHA to $16,000, $37,500,
and $65,000 for a person's first, second, and third
violations, respectively.
This bill state that it is the intent of the Legislature in
enacting this act to clarify the characteristics that may
not serve as a basis for discrimination in housing under
FEHA (Part 2.8 [commencing with Section 12900] of Division
3 of Title 2 of the Government Code). The addition of
"source of income" to Sections 12920, 12921, and 12955.8 of
the Government Code is strictly intended to create
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consistency within FEHA, and does not create any
substantive rights in addition to those already provided
for under current law.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/19/10)
Department of Fair Employment and Housing (source)
OPPOSITION : (Verified 5/19/10)
Apartment Association California Southern Cities
Orange County Apartment Association
ARGUMENTS IN SUPPORT : According to the bill's sponsor,
the Department of Fair Employment and Housing, the bill
makes several technical and clarifying revisions necessary
for the Fair Employment and Housing Act to remain
substantially compliant with the Fair Housing Amendments
Act. This ensures that the Department of Fair Employment
and Housing continues to receive referrals and funding from
the United States Department of Housing and Urban
Development for the purposes of enforcing state laws
prohibiting housing discrimination.
ARGUMENTS IN OPPOSITION : The opposition has expressed
concerns regarding the addition of "source of income" to
Sections 12920, 12921, and 12955.8 of the Government Code.
The opponents argue that adding "source of income," without
a limiting definition like the one contained in Section
12955 of the Government Code, would unintentionally result
in new liability for housing discrimination claims. The
opposition also argues that the addition of "source of
income" to Sections 12920 and 12921 of the Government Code
is not needed to protect discriminatory actions. Relative
to the amendments of May 19, 2010, the opponents state that
legislative intent language holds little value in a court
of law.
RJG:mw 5/20/10 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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