What are the three most common violations of fair housing laws for rental housing in California?

What is not protected under fair housing laws?

The Fair Housing Act (FHA) protects against discrimination based on race, color, religion, sex, disability, familial status, and national origin, but it does not protect all people or all housing situations, exempting small owner-occupied buildings, some single-family homes sold without a broker, and housing run by private clubs or religious groups. Age is not a federal protected class, though specific housing for seniors has exemptions. The FHA also doesn't cover non-discriminatory issues like plumbing problems or eviction procedures. 

Which of the following is considered a prohibited basis in the Fair housing Act?

The Fair Employment and Housing Act prohibits discrimination against tenants or homeowners based on various protected characteristics, such as race, national origin, ancestry, disability, sexual orientation, marital status, and gender identity.

What is the tenant Protection Act in California?

The Tenant Protection Act (TPA), effective as of January 1, 2020, creates statewide protections against excessive rent increases and requires “just cause” to evict tenants in residential rental properties.

What happens if a landlord violates tenant rights?

If your landlord breaches the terms of the lease, you can take legal action against them in court. Your lease is a legal contract between you and the landlord, and you can enforce breaches in the courts. However, going to court can be expensive, stressful and time-consuming.

What is the minimum time a landlord can evict you?

A section 21 notice has to give you at least 2 months. Some tenants have a right to a longer notice. For example, 3 months' notice if your rent is due every 3 months.

What not to say to your landlord?

When talking to a landlord, avoid lying, badmouthing previous landlords, mentioning illegal activities, promising unrealistic payments (like cash or future crypto), or making excessive demands, as it signals you might be a problematic or unreliable tenant; instead, be honest about your ability to pay and respect lease terms to build trust and a positive relationship. 

What must be proved in a fair housing complaint?

The Complainant must show that they are a member of a protected class. The protected classes under the federal Fair Housing Act are race, color, religion, national origin, sex, disability, and familial status. The complaint must show that they were qualified for the housing transaction.

What are 5 examples of unfair discrimination?

Five examples of unfair discrimination include being passed over for promotion due to race or gender (racial/gender bias), paying women less for the same job as men (unequal pay), denying reasonable accommodations for a disability (disability discrimination), harassing someone for their sexual orientation (sexual orientation discrimination), or retaliating against an employee for reporting harassment (retaliation). These actions unfairly disadvantage individuals based on protected traits rather than merit, violating laws like Title VII. 

What are my options if a landlord violates my rights in CA?

This is particularly helpful if the dispute involves a violation of the landlord-tenant law or the lease agreement. If you believe that the landlord or tenant has violated the law, you can file a complaint with the California Department of Consumer Affairs or the local housing authority.

What is the most important landlord responsibility?

The most important responsibility of a landlord is providing a safe, habitable, and healthy living environment for tenants, often called the "implied warranty of habitability," which means maintaining essential services like heat, water, electricity, and structural integrity, and making prompt repairs to keep the property up to all health and safety codes. This encompasses keeping common areas safe, ensuring working smoke detectors, pest control, and secure entryways. 

What are red flags in a lease agreement?

Knowing when to walk away from a deal is crucial

Here are some red flags to watch out for when signing a lease: Unclear terms: Ensure every term in the lease is clear. Vague language can lead to misunderstandings about responsibilities and rights. Maintenance responsibilities: Check who handles repairs.

How much can I sue my landlord for emotional distress?

You can sue your landlord for emotional distress, but the amount varies widely, from thousands for moderate issues to over $100,000 for severe cases, depending heavily on the severity, duration, impact (like lost work), and if the conduct was outrageous (Intentional Infliction of Emotional Distress - IIED). Compensation covers therapy, lost wages, and pain/suffering, requiring strong documentation like medical records to prove the distress was a direct result of the landlord's severe, outrageous, or discriminatory actions, not just a breach of contract. 

What is tenant neglect?

Some examples: A tenant might be called negligent if they didn't keep the house at the correct (lease-specified temperature), and because of that, a pipe burst in the winter. A landlord might be called negligent if they failed to fix an ice dam during the winter, which led to a significant mold problem in the summer.

What is the most common cause for breaching a lease?

The most common cause for breaching a lease is nonpayment or late payment of rent, as it directly impacts the landlord's income, but other frequent breaches include property damage beyond normal wear-and-tear, unauthorized pets, having too many occupants, subletting without permission, and engaging in illegal activities on the property. Habitual lateness, even with payments, can also lead to lease termination. 

What is the 1482 law in California?

About AB 1482

The California Tenant Protection Act of 2019 (AB 1482) is a statewide law that goes into effect on January 1, 2020 and expires on January 1, 2030. It is amended by SB 567. Requires a landlord to have a “just cause” to terminate a tenancy.

What is the landlord and tenant Covenant Act?

The Act aimed to ensure that once a tenant was assigned a lease, they would be released from future liability and that landlords would have adequate remedies in the event of a breach of covenant.

What does Civil Code 1946.2 mean?

(a) Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate a tenancy without just cause, which shall be stated in the written notice to terminate tenancy.

What is not covered by the Fair housing Act?

The Fair Housing Act affords no protections to individuals with or without disabilities who present a direct threat to the persons or property of others.

What is Section 804 of the Fair housing Act?

Similar to the ADEA and Title VII, FHA Section 804(a) makes it unlawful to "refuse to sell or rent . . . or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin."78 The Court stated ...

What is the most common fair housing discrimination?

Common Discrimination Practices

• The most common housing discrimination practices are:
• REFUSAL TO DEAL. Refusing to sell, rent, lease, exchange or negotiate for a dwelling for discriminatory reasons.
• DIFFERENT TERMS/CONDITIONS. ...
• MISREPRESENTATION. ...
• DISCRIMINATORY PRESENTATION. ...
• STEERING. ...
• ASSIGNING. ...
• UNEQUAL FINANCING.