Amended in Senate April 4, 2016

Senate BillNo. 1053


Introduced by Senator Leno

February 16, 2016


An act to amendbegin delete Sectionend deletebegin insert Sections 12927 andend insert 12955 of the Government Code, relating to housing discrimination.

LEGISLATIVE COUNSEL’S DIGEST

SB 1053, as amended, 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.

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Existing law permits a person who holds an ownership interest of record in property that he or she believes is the subject of an unlawfully restrictive covenant based on, among other things, source of income, to record a Restrictive Covenant Modification, which is to include a copy of the original document with the illegal language stricken. Before recording the modification document, existing law requires the county recorder to submit the modification document and the original document to the county counsel who is required to determine whether the original document contains an unlawful restriction.

end insert
begin insert

This bill, by revising the definition of source of income, would increase the requirements on a county counsel to determine if there exists an unlawfully restrictive covenant based on source of income, as described above. By creating new duties for county counsels, this bill would impose a state-mandated local program.

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begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 12927 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

12927.  

As used in this part in connection with housing
4accommodations, unless a different meaning clearly appears from
5the context:

6(a) “Affirmative actions” means any activity for the purpose of
7eliminating discrimination in housing accommodations because
8of race, color, religion, sex, marital status, national origin, ancestry,
9familial status, or disability.

10(b) “Conciliation council” means a nonprofit organization, or
11a city or county human relations commission, which provides
12education, factfinding, and mediation or conciliation services in
13resolution of complaints of housing discrimination.

14(c) (1) “Discrimination” includes refusal to sell, rent, or lease
15housing accommodations; includes refusal to negotiate for the
16sale, rental, or lease of housing accommodations; includes
17representation that a housing accommodation is not available for
18inspection, sale, or rental when that housing accommodation is in
19fact so available; includes any other denial or withholding of
20housing accommodations; includes provision of inferior terms,
21conditions, privileges, facilities, or services in connection with
22those housing accommodations; includes harassment in connection
23with those housing accommodations; includes the cancellation or
24termination of a sale or rental agreement; includes the provision
P3    1of segregated or separated housing accommodations; includes the
2refusal to permit, at the expense of the disabled person, reasonable
3modifications of existing premises occupied or to be occupied by
4the disabled person, if the modifications may be necessary to afford
5the disabled person full enjoyment of the premises, except that, in
6the case of a rental, the landlord may, where it is reasonable to do
7so condition permission for a modification on the renter’s agreeing
8to restore the interior of the premises to the condition that existed
9before the modification (other than for reasonable wear and tear),
10and includes refusal to make reasonable accommodations in rules,
11policies, practices, or services when these accommodations may
12be necessary to afford a disabled person equal opportunity to use
13and enjoy a dwelling.

14(2) “Discrimination” does not include either of the following:

15(A) Refusal to rent or lease a portion of an owner-occupied
16single-family house to a person as a roomer or boarder living within
17the household, provided that no more than one roomer or boarder
18is to live within the household, and the owner complies with
19subdivision (c) of Section 12955, which prohibits discriminatory
20notices, statements, and advertisements.

21(B) Where the sharing of living areas in a single dwelling unit
22is involved, the use of words stating or tending to imply that the
23housing being advertised is available only to persons of one sex.

24(d) “Housing accommodation” means any building, structure,
25or portion thereof that is occupied as, or intended for occupancy
26as, a residence by one or more families and any vacant land that
27is offered for sale or lease for the construction thereon of any
28building, structure, or portion thereof intended to be so occupied.

29(e) “Owner” includes the lessee, sublessee, assignee, managing
30agent, real estate broker or salesperson, or any person having any
31legal or equitable right of ownership or possession or the right to
32rent or lease housing accommodations, and includes the state and
33any of its political subdivisions and any agency thereof.

34(f) “Person” includes all individuals and entities that are
35described in Section 3602(d) of Title 42 of the United States Code,
36and in the definition of “owner” in subdivision (e) of this section,
37and all institutional third parties, including the Federal Home Loan
38Mortgage Corporation.

39(g) “Aggrieved person” includes any person who claims to have
40been injured by a discriminatory housing practice or believes that
P4    1the person will be injured by a discriminatory housing practice
2that is about to occur.

3(h) “Real estate-related transactions” include any of the
4following:

5(1) The making or purchasing of loans or providing other
6financial assistance that is for the purpose of purchasing,
7constructing, improving, repairing, or maintaining a dwelling, or
8that is secured by residential real estate.

9(2) The selling, brokering, or appraising of residential real
10property.

11(3) The use of territorial underwriting requirements, for the
12purpose of requiring a borrower in a specific geographic area to
13obtain earthquake insurance, required by an institutional third party
14on a loan secured by residential real property.

15(i) “Source of income” means lawful, verifiable income paid
16directly to a tenant or paid to a representative of abegin delete tenant. For the
17purposes of this definition, a landlord is not considered a
18representative of a tenant.end delete
begin insert tenant, or paid to a housing owner or
19landlord on behalf of a tenant, including federal, state, or local
20public assistance and federal, state, or local housing subsidies,
21including, but not limited to, federal housing assistance vouchers
22under Section 8 of the United States Housing Act of 1937 (42
23U.S.C. Sec. 1437f).end insert

24

begin deleteSECTION 1.end delete
25
begin insertSEC. 2.end insert  

Section 12955 of the Government Code is amended
26to read:

27

12955.  

It shall be unlawful:

28(a) For the owner of any housing accommodation to discriminate
29against or harass any person because of the race, color, religion,
30sex, gender, gender identity, gender expression, sexual orientation,
31marital status, national origin, ancestry, familial status, source of
32income, disability, or genetic information of that person.

33(b) For the owner of any housing accommodation to make or
34to cause to be made any written or oral inquiry concerning the
35race, color, religion, sex, gender, gender identity, gender
36expression, sexual orientation, marital status, national origin,
37ancestry, familial status, disability, or genetic information of any
38person seeking to purchase, rent, or lease any housing
39 accommodation.

P5    1(c) For any person to make, print, or publish, or cause to be
2made, printed, or published any notice, statement, or advertisement,
3with respect to the sale or rental of a housing accommodation that
4indicates any preference, limitation, or discrimination based on
5race, color, religion, sex, gender, gender identity, gender
6expression, sexual orientation, marital status, national origin,
7ancestry, familial status, source of income, disability, or genetic
8information or an intention to make that preference, limitation, or
9discrimination.

10(d) For any person subject to the provisions of Section 51 of
11the Civil Code, as that section applies to housing accommodations,
12to discriminate against any person on the basis of sex, gender,
13gender identity, gender expression, sexual orientation, color, race,
14religion, ancestry, national origin, familial status, marital status,
15 disability, genetic information, source of income, or on any other
16basis prohibited by that section. Selection preferences based on
17age, imposed in connection with a federally approved housing
18program, do not constitute age discrimination in housing.

19(e) For any person, bank, mortgage companybegin insert,end insert or other financial
20institution that provides financial assistance for the purchase,
21organization, or construction of any housing accommodation to
22discriminate against any person or group of persons because of
23the race, color, religion, sex, gender, gender identity, gender
24expression, sexual orientation, marital status, national origin,
25ancestry, familial status, source of income, disability, or genetic
26information in the terms, conditions, or privileges relating to the
27obtaining or use of that financial assistance.

28(f) For any owner of housing accommodations to harass, evict,
29or otherwise discriminate against any person in the sale or rental
30of housing accommodations when the owner’s dominant purpose
31is retaliation against a person who has opposed practices unlawful
32under this section, informed law enforcement agencies of practices
33believed unlawful under this section, has testified or assisted in
34any proceeding under this part, or has aided or encouraged a person
35to exercise or enjoy the rights secured by this part. Nothing herein
36is intended to cause or permit the delay of an unlawful detainer
37action.

38(g) For any person to aid, abet, incite, compel, or coerce the
39doing of any of the acts or practices declared unlawful in this
40section, or to attempt to do so.

P6    1(h) For any person, for profit, to induce any person to sell or
2rent any dwelling by representations regarding the entry or
3prospective entry into the neighborhood of a person or persons of
4a particular race, color, religion, sex, gender, gender identity,
5gender expression, sexual orientation, marital status, ancestry,
6disability, genetic information, source of income, familial status,
7or national origin.

8(i) For any person or other organization or entity whose business
9involves real estate-related transactions to discriminate against
10any person in making available a transaction, or in the terms and
11conditions of a transaction, because of race, color, religion, sex,
12gender, gender identity, gender expression, sexual orientation,
13marital status, national origin, ancestry, source of income, familial
14status, disability, or genetic information.

15(j) To deny a person access to, or membership or participation
16in, a multiple listing service, real estate brokerage organization,
17or other service because of race, color, religion, sex, gender, gender
18identity, gender expression, sexual orientation, marital status,
19ancestry, disability, genetic information, familial status, source of
20income, or national origin.

21(k) To otherwise make unavailable or deny a dwelling based
22on discrimination because of race, color, religion, sex, gender,
23gender identity, gender expression, sexual orientation, familial
24status, source of income, disability, genetic information, or national
25origin.

26(l) To discriminate through public or private land use practices,
27decisions, and authorizations because of race, color, religion, sex,
28gender, gender identity, gender expression, sexual orientation,
29familial status, marital status, disability, genetic information,
30national origin, source of income, or ancestry. Discrimination
31includes, but is not limited to, restrictive covenants, zoning laws,
32denials of use permits, and other actions authorized under the
33Planning and Zoning Law (Title 7 (commencing with Section
3465000)), that make housing opportunities unavailable.

35Discrimination under this subdivision also includes the existence
36of a restrictive covenant, regardless of whether accompanied by a
37statement that the restrictive covenant is repealed or void.

38(m) As used in this section, “race, color, religion, sex, gender,
39gender identity, gender expression, sexual orientation, marital
40status, national origin, ancestry, familial status, source of income,
P7    1disability, or genetic information,” includes a perception that the
2person has any of those characteristics or that the person is
3associated with a person who has, or is perceived to have, any of
4those characteristics.

5(n) To use a financial or income standard in the rental of housing
6that fails to account for the aggregate income of persons residing
7together or proposing to reside together on the same basis as the
8aggregate income of married persons residing together or proposing
9to reside together.

10(o) In instances where there is a government rent subsidy, to
11use a financial or income standard in assessing eligibility for the
12rental of housing that is not based on the portion of the rent to be
13paid by the tenant.

14(p) (1) For the purposes of this section, “source of income”
15means lawful, verifiable income paid directly to a tenant or paid
16to a representative of a tenant, or paid to a housing owner or
17landlord on behalf of a tenant, including federal, state, or local
18public assistance and federal, state, or local housing subsidies,
19including, but not limited to, federal housing assistance vouchers
20under Section 8 of the United States Housing Act of 1937 (42
21U.S.C. Sec. 1437f).

22(2) For the purposes of this section, it shall not constitute
23discrimination based on source of income to make a written or
24oral inquiry concerning the level or source of income.

25begin insert

begin insertSEC. 3.end insert  

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begin insert

If the Commission on State Mandates determines that
26this act contains costs mandated by the state, reimbursement to
27local agencies and school districts for those costs shall be made
28pursuant to Part 7 (commencing with Section 17500) of Division
294 of Title 2 of the Government Code.

end insert


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