Senate BillNo. 1053


Introduced by Senator Leno

February 16, 2016


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

LEGISLATIVE COUNSEL’S DIGEST

SB 1053, as introduced, Leno. Housing discrimination: applications.

Existing law generally prohibits housing discrimination with respect to various personal characteristics including source of income. Existing law defines “source of income” for these purposes as lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant, which does not include a landlord.

This bill would amend the definition of “source of income” to also include specified federal, state, or local housing assistance or subsidies paid either to the tenant or directly to the landlord on behalf of the tenant.

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

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

P1    1

SECTION 1.  

Section 12955 of the Government Code is
2amended to read:

3

12955.  

It shall be unlawful:

4(a) For the owner of any housing accommodation to discriminate
5against or harass any person because of the race, color, religion,
6sex, gender, gender identity, gender expression, sexual orientation,
7marital status, national origin, ancestry, familial status, source of
8income, disability, or genetic information of that person.

P2    1(b) For the owner of any housing accommodation to make or
2to cause to be made any written or oral inquiry concerning the
3race, color, religion, sex, gender, gender identity, gender
4expression, sexual orientation, marital status, national origin,
5ancestry, familial status, disability, or genetic information of any
6person seeking to purchase, rent, or lease any housing
7 accommodation.

8(c) For any person to make, print, or publish, or cause to be
9made, printed, or published any notice, statement, or advertisement,
10with respect to the sale or rental of a housing accommodation that
11indicates any preference, limitation, or discrimination based on
12race, color, religion, sex, gender, gender identity, gender
13expression, sexual orientation, marital status, national origin,
14ancestry, familial status, source of income, disability, or genetic
15information or an intention to make that preference, limitation, or
16discrimination.

17(d) For any person subject to the provisions of Section 51 of
18the Civil Code, as that section applies to housing accommodations,
19to discriminate against any person on the basis of sex, gender,
20gender identity, gender expression, sexual orientation, color, race,
21religion, ancestry, national origin, familial status, marital status,
22 disability, genetic information, source of income, or on any other
23basis prohibited by that section. Selection preferences based on
24age, imposed in connection with a federally approved housing
25program, do not constitute age discrimination in housing.

26(e) For any person, bank, mortgage company or other financial
27institution that provides financial assistance for the purchase,
28organization, or construction of any housing accommodation to
29discriminate against any person or group of persons because of
30the race, color, religion, sex, gender, gender identity, gender
31expression, sexual orientation, marital status, national origin,
32ancestry, familial status, source of income, disability, or genetic
33information in the terms, conditions, or privileges relating to the
34obtaining or use of that financial assistance.

35(f) For any owner of housing accommodations to harass, evict,
36or otherwise discriminate against any person in the sale or rental
37of housing accommodations when the owner’s dominant purpose
38is retaliation against a person who has opposed practices unlawful
39under this section, informed law enforcement agencies of practices
40believed unlawful under this section, has testified or assisted in
P3    1any proceeding under this part, or has aided or encouraged a person
2to exercise or enjoy the rights secured by this part. Nothing herein
3is intended to cause or permit the delay of an unlawful detainer
4action.

5(g) For any person to aid, abet, incite, compel, or coerce the
6doing of any of the acts or practices declared unlawful in this
7section, or to attempt to do so.

8(h) For any person, for profit, to induce any person to sell or
9rent any dwelling by representations regarding the entry or
10prospective entry into the neighborhood of a person or persons of
11a particular race, color, religion, sex, gender, gender identity,
12gender expression, sexual orientation, marital status, ancestry,
13disability, genetic information, source of income, familial status,
14or national origin.

15(i) For any person or other organization or entity whose business
16involves real estate-related transactions to discriminate against
17any person in making available a transaction, or in the terms and
18conditions of a transaction, because of race, color, religion, sex,
19gender, gender identity, gender expression, sexual orientation,
20marital status, national origin, ancestry, source of income, familial
21status, disability, or genetic information.

22(j) To deny a person access to, or membership or participation
23in, a multiple listing service, real estate brokerage organization,
24or other service because of race, color, religion, sex, gender, gender
25identity, gender expression, sexual orientation, marital status,
26ancestry, disability, genetic information, familial status, source of
27income, or national origin.

28(k) To otherwise make unavailable or deny a dwelling based
29on discrimination because of race, color, religion, sex, gender,
30gender identity, gender expression, sexual orientation, familial
31status, source of income, disability, genetic information, or national
32origin.

33(l) To discriminate through public or private land use practices,
34decisions, and authorizations because of race, color, religion, sex,
35gender, gender identity, gender expression, sexual orientation,
36familial status, marital status, disability, genetic information,
37national origin, source of income, or ancestry. Discrimination
38includes, but is not limited to, restrictive covenants, zoning laws,
39denials of use permits, and other actions authorized under the
P4    1Planning and Zoning Law (Title 7 (commencing with Section
265000)), that make housing opportunities unavailable.

3Discrimination under this subdivision also includes the existence
4of a restrictive covenant, regardless of whether accompanied by a
5statement that the restrictive covenant is repealed or void.

6(m) As used in this section, “race, color, religion, sex, gender,
7gender identity, gender expression, sexual orientation, marital
8status, national origin, ancestry, familial status, source of income,
9disability, or genetic information,” includes a perception that the
10person has any of those characteristics or that the person is
11associated with a person who has, or is perceived to have, any of
12those characteristics.

13(n) To use a financial or income standard in the rental of housing
14that fails to account for the aggregate income of persons residing
15together or proposing to reside together on the same basis as the
16aggregate income of married persons residing together or proposing
17to reside together.

18(o) In instances where there is a government rent subsidy, to
19use a financial or income standard in assessing eligibility for the
20rental of housing that is not based on the portion of the rent to be
21paid by the tenant.

22(p) (1) For the purposes of this section, “source of income”
23means lawful, verifiable income paid directly to a tenant or paid
24to a representative of abegin delete tenant. For the purposes of this section, a
25landlord is not considered a representative of a tenant.end delete
begin insert tenant, or
26paid to a housing owner or landlord on behalf of a tenant,
27including federal, state, or local public assistance and federal,
28state, or local housing subsidies, including, but not limited to,
29federal housing assistance vouchers under Section 8 of the United
30States Housing Act of 1937 (42 U.S.C. Sec. 1437f).end insert

31(2) For the purposes of this section, it shall not constitute
32discrimination based on source of income to make a written or
33oral inquiry concerning the level or source of income.



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