California Legislature—2015–16 Regular Session

Assembly Bill No. 396

Introduced by Assembly Member Jones-Sawyer

February 19, 2015

An act to amend Section 12955 of, and to add Section 12955.05 to, the Government Code, relating to housing discrimination.

LEGISLATIVE COUNSEL’S DIGEST

AB 396, as introduced, Jones-Sawyer. Housing discrimination: criminal record.

Existing law generally prohibits housing discrimination with respect to the personal characteristics 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. Existing law includes within this prohibition, in addition to the sale or rental of housing accommodation, related activities such as housing finance and real estate transaction services.

This bill would include a criminal record as a basis upon which housing discrimination is prohibited. The bill would specify that the prohibition is qualified by a requirement to the contrary in federal law. The bill would provide that criminal record includes a record regarding arrests and detentions that did not result in a conviction, as specified. The bill make technical, correctional changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

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, begin delete or end delete genetic information begin insert , or criminal record end insert of
that person begin insert unless otherwise required by federal law end insert .

(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, begin delete or end delete genetic information begin insert , or
criminal record end insert of any person seeking to purchase, rent, or lease
any housing accommodation begin insert unless otherwise required by federal
law end insert .

(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, begin delete or end delete genetic
information begin insert , or criminal record end insert or an intention to make that
preference, limitation, or discrimination begin insert unless otherwise required
by federal law end insert .

(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, begin insert criminal record, end insert
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 begin insert unless otherwise required by federal law end insert .

(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, begin delete or end delete genetic
information begin insert , or criminal record end insert in the terms, conditions, or
privileges relating to the obtaining or use of that financial assistance
begin insert unless otherwise required by federal law end insert .

(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 owner’s 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,
begin delete or end delete national origin begin insert , or criminal record end insert begin insert unless otherwise required
by federal law end insert .

(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, begin delete or end delete genetic information begin insert , or criminal record end insert begin insert unless
otherwise required by federal law end insert .

(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, begin delete or end delete national origin begin insert , or criminal record end insert begin insert unless otherwise
required by federal law end insert .

(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, begin delete or end delete national
origin begin insert , or criminal record end insert begin insert unless otherwise required by federal
law end insert .

(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, begin delete or end delete ancestry begin insert , or criminal record end insert
begin insert unless otherwise required by federal law end insert . 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, begin delete or end delete genetic information, begin insert or criminal record, end insert ” 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.

begin delete

(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. 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.

end delete begin insert

It shall not constitute discrimination based on source of income
to make a written or oral inquiry concerning the level or source
of income.

end insert begin insert

It is not unlawful under this section for an employer to ask an
employee or applicant for housing about an arrest for which the
employee or applicant is out on bail or on his or her own
recognizance pending trial.

end insert

SEC. 2.  

Section 12955.05 is added to the Government Code,
to read:

12955.05.  

For the purposes of Section 12955:

(a) “Criminal record” includes a record regarding a criminal
conviction, an arrest that did not result in a conviction, and a
detention that did not result in conviction, including one regarding
a referral to, and participation in, any pretrial or posttrial diversion
program or regarding a conviction that has been judicially
dismissed or ordered sealed pursuant to law, including, but not
limited to, Section 1203.4, 1203.4a, 1203.45, or 1210.1 of the
Penal Code.

(b) “Source of income” means lawful, verifiable income paid
directly to a tenant or paid to a representative of a tenant. A
landlord is not considered a representative of a tenant.