BILL NUMBER: AB 396	INTRODUCED
	BILL TEXT


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,  or  genetic information  ,
or criminal record  of that person  unless otherwise
required by federal law  .
   (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,  or  genetic information  ,
or criminal record  of any person seeking to purchase, rent, or
lease any housing accommodation  unless otherwise required by
federal law  .
   (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,  or
 genetic information  , or criminal record  or an
intention to make that preference, limitation, or discrimination 
unless otherwise required by federal law  .
   (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,  criminal
record,  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  unless otherwise required by federal
law  .
   (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,  or
 genetic information  , or criminal record  in the
terms, conditions, or privileges relating to the obtaining or use of
that financial assistance  unless otherwise required by federal
law  .
   (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,
 or  national origin  ,   or criminal
record   unless otherwise required by federal law  .
   (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,  or  genetic information  ,
or criminal record   unless otherwise required  
by federal law  .
   (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,  or  national origin  , or criminal
record   unless otherwise required by federal law  .
   (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,  or
 national origin  , or criminal record   unless
otherwise required by federal law  .
   (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,  or  ancestry
 , or criminal record   unless otherwise required by
federal law  . 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,  or  genetic information,  or
criminal record,  " 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. 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.  
   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 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. 
  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.