Grants all citizens the same rights to property as white citizens. Prohibits racial discrimination. By court interpretation, the Act also applies to non-whites other than African-Americans.
Prohibits discrimination in the sale, rental, or negotiation for sale or rental, of dwellings based on race, color, religion, sex, national origin, familial status, or physical/menta handicap. Prohibits blockbusting, steering, or discrimination in financing. Requires certain affirmative accommodations for the disabled.
Prohibits discrimination in sale, rental, lease, negotiation, or financing of housing based on race, color, religion, sex, marital status, familial status, disability, national origin, ancestry, sexual orientation, or source of income. Prohibits retaliatory eviction of a person seeking to uphold rights under FEHA. Prohibits refusal to reasonably accommodate a disabled person.
Prohibits discrimination by business establishments on the basis of race, color, religion, sex, ancestry, disability, national origin, age and some arbitrary conduct. By court interpretation, the act also applies to discrimination based on occupation and sexual orientation.
Private lawsuits. U.S. Dept. of Justice Administrative Complaint with HUD. HUD has 100 days to investigate and conciliate. If HUD finds substantial discrimination and its attempted conciliation fails, it refers complaint to Administrative Law Judge. Either side may remove case to U.S. District Court before it is heard by the ALJ. Aggrieved person can go directly to court without first filing with HUD.
Private lawsuits. Dept. of Fair Employment and Housing has full power to investigate and conciliate. FEH Commission conducts hearing and issues orders enforceable by superior court. Aggrieved person may file private suit without first filing with DFEH.
Privatge lawsuits, suits by Attorney General. District Attorney, or City Attorney.
Injunctions, compensatory and punitive damages, attorney's fees where appropriate.
In private suits, injunctions, compensatory and punitive damages, attorney's fees and costs where appropriate. ALJ may impose actual damages, injunctive relief and civil penalties up to $10,000 for first offense, $50,000 for subsequent violations. In suits by DOJ, court may order damages, injunctive relief and civil penalties up to $50,000 for first violations, $100,000 for subsequent.
Injunctions, actual damages (not including emotional distress in FEH Commission action), punitive damages (limited to $1000 in FEH Commission actions), civil penalties awarded to the commission of $10,000 to $50,000, attorney's fees, where appropriate to prevailing party in private action. Before any remedy is granted under FEHA, aggrieved party must waive all rights under Unruh Act.
Civil Code §52 authorizes compensatory damages, punitive damages (up to three times actual damages, but not less than $250), and attorney's fees for private suit, and injunctive relief in suit by AG or other government attorney.
Reaches racial discrimination even in private transactions. Narrower than Title VIII in that it deals only with racial discrimination, broader in that it applies to property rather than dwellings, and to owender - occupied four-unit apartment buildings. Can only be used by citizens.
Owner-occupied, multi-family dwellings with 4 unites or less. Some non-commercial lodging. 1988 amendments allow landlords to refuse rent to persons convicted of distributing or manufacturing drugs. Senior citizen housing projects may bar sales or rentals to families with children if 100% of residents are over 62, or 80% or units have one person over 55 (refer to special rules).
Owner-occupied housing with no more than broader. Some non-commercial, religious, fraternal, and charitable housing.
Housing designated to meet the physical and social needs of senior citizens. Unruh Act does not require alterations of existing structure or require commercial landlord to provide higher degree of care for blind or disabled person.
One year from date of injury to file administrative complaint with HUD, two years to file private action.
One year from date of injury to file complaint with DFEH, two years to file private action (which is tolled while with DFEH).
Disability - Reasonable Accomodations:
Persons with physical and mental disabilities are protected in housing under Federal and State laws. Title VIII of the Civil Rights Act of 1968, as amended to include Disability in 1988, California Civil code Sec. 54.1 and Unruch Civil rights Act of 1959, prohibits the discrimination and refusal to make reasonable accommodations and modifications in the rules, policies, practices and services to persons with Physical and Mental disabilities.
There is still wide spread confusion today regarding what reasonable accommodations and modifications are. The word "Reasonable" as defined by Webster's New Work Dictionary is: the use of sound and sensible judgment without being excessive or extreme.
The following are examples of reasonable accommodations and modifications Reasonable Accommodations:
Allowing a PCA (Personal Care Assistant) and caregivers
Accepting applications in the mail instead of in person
Allowing a service or companion animal
Reading notices to the tenant or providing notices in braille, larger print or audio tape
Providing an interpreter for the screening interview and other tenant meetings
Moving a tenant to another floor or to the ground floor for easier mobility
Providing intervention if the tenant is being harassed
Allowing a person from the community to educate other tenants about the disability
Using non-chemical or toxic fertilizer on the landscape areas of the complex
Posting "No-Smoking" signs in the common areas
Placing an applicant back on the waiting list for missed intake interviews
Explaining what is in the rental agreement and what the rules are
Showing tenant how to use all appliances
Providing reminders at the beginning of the month that the rent is due
Allowing a ramp to be built
Installing grab bars
Wrapping the undersides of pipes with insulation
Providing extra lighting outside next to the front door of the apartment
Removing protruding objects from outside pathways
Providing a non slip, color contrasting strip to outside stairs
Providing a door bell flasher
Providing a visual alarm system on smoke detectors throughout the complex
Remove carpet from the floors of teh apartment unit
Removing the ballast or florescent lights from the kitchen and bathroom