BILL NUMBER: SB 1098 CHAPTERED
BILL TEXT
CHAPTER 590
FILED WITH SECRETARY OF STATE OCTOBER 10, 1999
APPROVED BY GOVERNOR OCTOBER 2, 1999
PASSED THE SENATE SEPTEMBER 7, 1999
PASSED THE ASSEMBLY SEPTEMBER 3, 1999
AMENDED IN ASSEMBLY AUGUST 31, 1999
AMENDED IN ASSEMBLY JULY 8, 1999
AMENDED IN SENATE APRIL 7, 1999
INTRODUCED BY Senator Burton
FEBRUARY 26, 1999
An act to amend Section 1954.53 of, and to add Sections 1942.6 and
1954.535 to, the Civil Code, and to amend, repeal, and add Section
12955 of the Government Code, relating to residential real property.
LEGISLATIVE COUNSEL'S DIGEST
SB 1098, Burton. Residential real property: rent control:
tenant rights: discrimination.
(1) The Costa-Hawkins Rental Housing Act authorizes an owner of
residential real property to establish the initial and all subsequent
rental rates for a dwelling or a unit if any one of specified facts
is true and the initial rental rate for a dwelling or unit where a
residential rent control ordinance applies, except where, among other
conditions, the previous tenancy has been terminated pursuant to
notice by the owner or upon a change in the terms of the tenancy.
This bill would specify that termination or nonrenewal of a
specified rent limitation contract with a governmental agency
constitutes a change in the terms of the tenancy for that purpose,
and would require 90 days' written notice to the tenant of the
termination.
The bill would revise provisions making inapplicable the owner's
authority to establish the rental rate when a citation has been
issued for code violations, and for a 3-year period when an owner
terminates or fails to renew a contract or recorded agreement with a
governmental agency that provides for a rent limitation, except as
specified.
The bill would provide that a person entering real property during
certain hours or circumstances, when invited by the occupant, to
provide tenants' rights information or to participate in a specified
association, shall not be civilly or criminally liable for trespass.
(2) The Fair Employment and Housing Act prohibits housing
discrimination on the basis of race, color, religion, sex, marital
status, national origin, ancestry, familial status, or disability.
This bill would, until January 1, 2005, prohibit discrimination
under that act on the basis of a person's source of income, the
failure to account for the aggregate income of coresidents, or the
failure to exclude a government rent subsidy from that portion of the
rent to be paid by the tenant in assessing his or her eligibility
for rental housing.
(3) This bill would incorporate additional changes in Section
12955 of the Government Code proposed by SB 1148 and AB 1670, to be
operative if this bill and one or both of the other bills are enacted
and become effective on or before January 1, 2000, and this bill is
enacted last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1942.6 is added to the Civil Code, to read:
1942.6. Any person entering onto residential real property, upon
the invitation of an occupant, during reasonable hours or because of
emergency circumstances, for the purpose of providing information
regarding tenants' rights or to participate in a lessees' association
or association of tenants or an association that advocates tenants'
rights shall not be liable in any criminal or civil action for
trespass.
The Legislature finds and declares that this section is
declaratory of existing law. Nothing in this section shall be
construed to enlarge or diminish the rights of any person under
existing law.
SEC. 2. Section 1954.53 of the Civil Code is amended to read:
1954.53. (a) Notwithstanding any other provision of law, an owner
of residential real property may establish the initial rental rate
for a dwelling or unit, except where any of the following applies:
(1) The previous tenancy has been terminated by the owner by
notice pursuant to Section 1946 or has been terminated upon a change
in the terms of the tenancy noticed pursuant to Section 827, except a
change permitted by law in the amount of rent or fees. For the
purpose of this paragraph, the owner's termination or nonrenewal of a
contract or recorded agreement with a governmental agency that
provides for a rent limitation to a qualified tenant, shall be
construed as a change in the terms of the tenancy pursuant to Section
827.
(A) In a jurisdiction that controls by ordinance or charter
provision the rental rate for a dwelling or unit, an owner who
terminates or fails to renew a contract or recorded agreement with a
governmental agency that provides for a rent limitation to a
qualified tenant shall not be eligible to set an initial rent for
three years following the date of the termination or nonrenewal of
the contract or agreement. For any new tenancy established during
the three-year period, the rental rate for a new tenancy established
in that vacated dwelling or unit shall be at the same rate as the
rent under the terminated or nonrenewed contract or recorded
agreement with a governmental agency that provided for a rent
limitation to a qualified tenant, plus any increases authorized after
the termination or cancellation of the contract or recorded
agreement.
(B) Subparagraph (A) shall not apply to any new tenancy of 12
months or more duration established after January 1, 2000, pursuant
to the owner's contract or recorded agreement with a governmental
agency that provides for a rent limitation to a qualified tenant
unless the prior vacancy in that dwelling or unit was pursuant to a
nonrenewed or canceled contract or recorded agreement with a
governmental agency that provides for a rent limitation to a
qualified tenant as set forth in that subparagraph.
(2) The owner has otherwise agreed by contract with a public
entity in consideration for a direct financial contribution or any
other forms of assistance specified in Chapter 4.3 (commencing with
Section 65915) of Division 1 of Title 7 of the Government Code.
(3) The initial rental rate for a dwelling or unit whose initial
rental rate is controlled by an ordinance or charter provision in
effect on January 1, 1995, shall not until January 1, 1999, exceed
the amount calculated pursuant to subdivision (c).
(b) Subdivision (a) applies to, and includes, renewal of the
initial hiring by the same tenant, lessee, authorized subtenant, or
authorized sublessee for the entire period of his or her occupancy at
the rental rate established for the initial hiring.
(c) The rental rate of a dwelling or unit whose initial rental
rate is controlled by ordinance or charter provision in effect on
January 1, 1995, shall, until January 1, 1999, be established in
accordance with this subdivision. Where the previous tenant has
voluntarily vacated, abandoned, or been evicted pursuant to paragraph
(2) of Section 1161 of Code of Civil Procedure, an owner of
residential real property may, no more than twice, establish the
initial rental rate for a dwelling or unit in an amount that is no
greater than 15 percent more than the rental rate in effect for the
immediately preceding tenancy or in an amount that is 70 percent of
the prevailing market rent for comparable units, whichever amount is
greater.
The initial rental rate established pursuant to this subdivision
shall not be deemed to substitute for or replace increases in rental
rates otherwise authorized pursuant to law.
(d) (1) Nothing in this section or any other provision of law
shall be construed to preclude express establishment in a lease or
rental agreement of the rental rates to be applicable in the event
the rental unit subject thereto is sublet, and nothing in this
section shall be construed to impair the obligations of contracts
entered into prior to January 1, 1996.
(2) Where the original occupant or occupants who took possession
of the dwelling or unit pursuant to the rental agreement with the
owner no longer permanently reside there, an owner may increase the
rent by any amount allowed by this section to a lawful sublessee or
assignee who did not reside at the dwelling or unit prior to January
1, 1996.
(3) This subdivision shall not apply to partial changes in
occupancy of a dwelling or unit where one or more of the occupants of
the premises, pursuant to the agreement with the owner provided for
above, remains an occupant in lawful possession of the dwelling or
unit, or where a lawful sublessee or assignee who resided at the
dwelling or unit prior to January 1, 1996, remains in possession of
the dwelling or unit. Nothing contained in this section shall be
construed to enlarge or diminish an owner's right to withhold consent
to a sublease or assignment.
(4) Acceptance of rent by the owner shall not operate as a waiver
or otherwise prevent enforcement of a covenant prohibiting sublease
or assignment or as a waiver of an owner's rights to establish the
initial rental rate unless the owner has received written notice from
the tenant that is party to the agreement and thereafter accepted
rent.
(e) Nothing in this section shall be construed to affect any
authority of a public entity that may otherwise exist to regulate or
monitor the grounds for eviction.
(f) This section shall not apply to any dwelling or unit if all
the following conditions are met:
(1) The dwelling or unit has been cited in an inspection report by
the appropriate governmental agency as containing serious health,
safety, fire, or building code violations, as defined by Section
17920.3 of the Health and Safety Code, excluding any violation caused
by a disaster.
(2) The citation was issued at least 60 days prior to the date of
the vacancy.
(3) The cited violation had not been abated when the prior tenant
vacated and had remained unabated for 60 days or for a longer period
of time. However, the 60-day time period may be extended by the
appropriate governmental agency that issued the citation.
SEC. 3. Section 1954.535 is added to the Civil Code, to read:
1954.535. Where an owner terminates or fails to renew a contract
or recorded agreement with a governmental agency that provides for
rent limitations to a qualified tenant, the tenant or tenants who
were the beneficiaries of the contract or recorded agreement shall be
given at least 90 days' written notice of the effective date of the
termination and shall not be obligated to pay more than the tenant's
portion of the rent, as calculated under the contract or recorded
agreement to be terminated, for 90 days following receipt of the
notice of termination of nonrenewal of the contract.
SEC. 4. 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 any person because of the race, color, religion, sex, marital
status, national origin, ancestry, familial status, source of
income, or disability of that person.
(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, marital status, national origin, ancestry, familial
status, or disability of any person seeking to purchase, rent or
lease any housing accommodation.
(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, marital status, national origin,
ancestry, familial status, source of income, or disability or an
intention to make any such preference, limitation, or discrimination.
(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, color, race,
religion, ancestry, national origin, familial status, marital status,
disability, source of income, or on any other basis prohibited by
that section.
(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, marital status, national origin,
ancestry, familial status, source of income, or disability in the
terms, conditions, or privileges relating to the obtaining or use of
that financial assistance.
(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, marital status, ancestry,
disability, source of income, familial status, or national origin.
(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,
marital status, national origin, ancestry, source of income, familial
status, or disability.
(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, marital status,
ancestry, disability, familial status, source of income, or national
origin.
(k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, familial
status, source of income, disability, or national origin.
(l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
familial status, marital status, disability, national origin, source
of income, or ancestry. 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.
(m) 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.
(n) 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.
(o) (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.
(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.
(p) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.
SEC. 4.5. 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 any person because of the race, color, religion, sex, marital
status, national origin, ancestry, familial status, source of
income, or disability of that person.
(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, marital status, national origin, ancestry, familial
status, or disability of any person seeking to purchase, rent or
lease any housing accommodation.
(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, marital status, national origin,
ancestry, familial status, source of income, or disability or an
intention to make any such preference, limitation, or discrimination.
(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, color, race,
religion, ancestry, national origin, familial status, marital status,
disability, source of income, or on any other basis prohibited by
that section.
(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, marital status, national origin,
ancestry, familial status, source of income, or disability in the
terms, conditions, or privileges relating to the obtaining or use of
that financial assistance.
(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, marital status, ancestry,
disability, source of income, familial status, or national origin.
(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,
marital status, national origin, ancestry, source of income, familial
status, or disability.
(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, marital status,
ancestry, disability, familial status, source of income, or national
origin.
(k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, familial
status, source of income, disability, or national origin.
(l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
familial status, marital status, disability, national origin, source
of income, or ancestry. 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. This
paragraph shall become operative on January 1, 2001.
(m) 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.
(n) 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.
(o) (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.
(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.
(p) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.
SEC. 4.6. 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, marital status, national origin, ancestry, familial status,
source of income, or disability of that person.
(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, marital status, national origin, ancestry, familial
status, or disability of any person seeking to purchase, rent or
lease any housing accommodation.
(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, marital status, national origin,
ancestry, familial status, source of income, or disability or an
intention to make any such preference, limitation, or discrimination.
(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, color, race,
religion, ancestry, national origin, familial status, marital status,
disability, source of income, or on any other basis prohibited by
that section.
(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, marital status, national origin,
ancestry, familial status, source of income, or disability in the
terms, conditions, or privileges relating to the obtaining or use of
that financial assistance.
(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, marital status, ancestry,
disability, source of income, familial status, or national origin.
(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,
marital status, national origin, ancestry, source of income, familial
status, or disability.
(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, marital status,
ancestry, disability, familial status, source of income, or national
origin.
(k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, familial
status, source of income, disability, or national origin.
(l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
familial status, marital status, disability, national origin, source
of income, or ancestry. 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.
(m) 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.
(n) 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.
(o) As used in this section, "race, color, religion, sex, marital
status, national origin, ancestry, familial status, or disability"
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.
(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.
(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.
(q) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.
SEC. 4.7. 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, marital status, national origin, ancestry, familial status,
source of income, or disability of that person.
(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, marital status, national origin, ancestry, familial
status, or disability of any person seeking to purchase, rent or
lease any housing accommodation.
(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, marital status, national origin,
ancestry, familial status, source of income, or disability or an
intention to make any such preference, limitation, or discrimination.
(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, color, race,
religion, ancestry, national origin, familial status, marital status,
disability, source of income, or on any other basis prohibited by
that section.
(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, marital status, national origin,
ancestry, familial status, source of income, or disability in the
terms, conditions, or privileges relating to the obtaining or use of
that financial assistance.
(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, marital status, ancestry,
disability, source of income, familial status, or national origin.
(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,
marital status, national origin, ancestry, source of income, familial
status, or disability.
(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, marital status,
ancestry, disability, familial status, source of income, or national
origin.
(k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, familial
status, source of income, disability, or national origin.
(l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
familial status, marital status, disability, national origin, source
of income, or ancestry. 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. This
paragraph shall become operative on January 1, 2001.
(m) 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.
(n) 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.
(o) As used in this section, "race, color, religion, sex, marital
status, national origin, ancestry, familial status, or disability"
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.
(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.
(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.
(q) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.
SEC. 5. Section 12955 is added to the Government Code, to read:
12955. It shall be unlawful:
(a) For the owner of any housing accommodation to discriminate
against any person because of the race, color, religion, sex, marital
status, national origin, ancestry, familial status, or disability of
that person.
(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, marital status, national origin, ancestry, familial
status, or disability of any person seeking to purchase, rent or
lease any housing accommodation.
(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, marital status, national origin,
ancestry, familial status, or disability or an intention to make any
such preference, limitation, or discrimination.
(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, color, race,
religion, ancestry, national origin, familial status, marital status,
disability, or on any other basis prohibited by that section.
(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, marital status, national origin,
ancestry, familial status, or disability in the terms, conditions, or
privileges relating to the obtaining or use of that financial
assistance.
(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, marital status, ancestry,
disability, familial status, or national origin.
(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,
marital status, national origin, ancestry, familial status, or
disability.
(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, marital status,
ancestry, disability, familial status, or national origin.
(k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, familial
status, disability, or national origin.
(l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
familial status, marital status, disability, national origin, or
ancestry. 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.
(m) This section shall become operative on January 1, 2005.
SEC. 5.5. Section 12955 is added to the Government Code, to read:
12955. It shall be unlawful:
(a) For the owner of any housing accommodation to discriminate
against any person because of the race, color, religion, sex, marital
status, national origin, ancestry, familial status, or disability of
that person.
(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, marital status, national origin, ancestry, familial
status, or disability of any person seeking to purchase, rent or
lease any housing accommodation.
(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, marital status, national origin,
ancestry, familial status, or disability or an intention to make any
such preference, limitation, or discrimination.
(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, color, race,
religion, ancestry, national origin, familial status, marital status,
disability, or on any other basis prohibited by that section.
(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, marital status, national origin,
ancestry, familial status, or disability in the terms, conditions, or
privileges relating to the obtaining or use of that financial
assistance.
(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, marital status, ancestry,
disability, familial status, or national origin.
(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,
marital status, national origin, ancestry, familial status, or
disability.
(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, marital status,
ancestry, disability, familial status, or national origin.
(k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, familial
status, disability, or national origin.
(l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
familial status, marital status, disability, national origin, or
ancestry. 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. This
paragraph shall become operative on January 1, 2001.
(m) This section shall become operative on January 1, 2005.
SEC. 5.6. Section 12955 is added to the Government Code, 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, marital status, national origin, ancestry, familial status, or
disability of that person.
(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, marital status, national origin, ancestry, familial
status, or disability of any person seeking to purchase, rent or
lease any housing accommodation.
(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, marital status, national origin,
ancestry, familial status, or disability or an intention to make any
such preference, limitation, or discrimination.
(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, color, race,
religion, ancestry, national origin, familial status, marital status,
disability, or on any other basis prohibited by that section.
(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, marital status, national origin,
ancestry, familial status, or disability in the terms, conditions, or
privileges relating to the obtaining or use of that financial
assistance.
(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, marital status, ancestry,
disability, familial status, or national origin.
(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,
marital status, national origin, ancestry, familial status, or
disability.
(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, marital status,
ancestry, disability, familial status, or national origin.
(k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, familial
status, disability, or national origin.
(l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
familial status, marital status, disability, national origin, or
ancestry. 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.
(m) As used in this section, "race, color, religion, sex, marital
status, national origin, ancestry, familial status, or disability"
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) This section shall become operative on January 1, 2005.
SEC. 5.7. Section 12955 is added to the Government Code, 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, marital status, national origin, ancestry, familial status, or
disability of that person.
(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, marital status, national origin, ancestry, familial
status, or disability of any person seeking to purchase, rent or
lease any housing accommodation.
(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, marital status, national origin,
ancestry, familial status, or disability or an intention to make any
such preference, limitation, or discrimination.
(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, color, race,
religion, ancestry, national origin, familial status, marital status,
disability, or on any other basis prohibited by that section.
(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, marital status, national origin,
ancestry, familial status, or disability in the terms, conditions, or
privileges relating to the obtaining or use of that financial
assistance.
(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, marital status, ancestry,
disability, familial status, or national origin.
(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,
marital status, national origin, ancestry, familial status, or
disability.
(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, marital status,
ancestry, disability, familial status, or national origin.
(k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, familial
status, disability, or national origin.
(l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
familial status, marital status, disability, national origin, or
ancestry. 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. This
paragraph shall become operative on January 1, 2001.
(m) As used in this section, "race, color, religion, sex, marital
status, national origin, ancestry, familial status, or disability"
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) This section shall become operative on January 1, 2005.
SEC. 6. (a) Sections 4.5 and 5.5 of this bill incorporate
amendments to Section 12955 of the Government Code proposed by both
this bill and SB 1148. Sections 4.5 and 5.5 shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2000, (2) each bill amends Section 12955 of the
Government Code, (3) AB 1670 is not enacted or as enacted does not
amend that section, and (4) this bill is enacted after SB 1148, in
which case Sections 4, 4.6, 4.7, 5, 5.6, and 5.7 of this bill shall
not become operative.
(b) Sections 4.6 and 5.6 of this bill incorporate amendments to
Section 12955 of the Government Code proposed by both this bill and
AB 1670. Sections 4.6 and 5.6 shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2000, (2) each bill amends Section 12955 of the Government Code, (3)
SB 1148 is not enacted or as enacted does not amend that section, and
(4) this bill is enacted after AB 1670, in which case Sections 4,
4.5, 4.7, 5, 5.5, and 5.7 of this bill shall not become operative.
(c) Sections 4.7 and 5.7 of this bill incorporate amendments to
Section 12955 of the Government Code proposed by this bill, SB 1148,
and AB 1670. Sections 4.7 and 5.7 shall only become operative if (1)
all three bills are enacted and become effective on or before
January 1, 2000, (2) all three bill amend Section 12955 of the
Government Code, and (3) this bill is enacted after SB 1148 and AB
1670, in which case Sections 4, 4.5, 4.6, 5, 5.5, and 5.6 of this
bill shall not become operative.