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Sentinel Fair Housing

What is Fair Housing?


Fair Housing is the right of every person to live where they choose, with dignity and without discrimination. Fed- eral and State Laws forbid discrimination based on certain characteristics, in the rental or purchase of homes, as well as a broad range of other housing-related transactions, such as advertising, mortgage lending, homeowner's insurance and zoning.

Protected groups
Federal, State and local laws protect persons from discrimination and harassment in housing accommodations. In California, discrimination based on race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income, or disability of that person is prohibited. It is also illegal to discriminate on the basis of an individual’s personal char- acteristics or traits, according to California Supreme Court.

Discriminatory Practices
These essentially fall into two categories. Both are prohibited by law:

Intentional Discrimination:
A housing provider treats someone differently because of the person’s membership in, or association with, a protected group. For example, all your tenants are white and you decide not to rent to any other race.

Disparate Impact
: Policies and practices applied equally to all persons, that appear neutral but that may have an unintended but disparate or unequal effect on members of a protected class. For example, a policy stat- ing that any tenants involved in domestic disturbances or abuse will face eviction. Since 90-95% of all domestic vio- lence victims are women, this policy may have a disparate impact based on gender, a protected class.

Be aware that advertisements and notices can also have a disparate impact and would be discriminatory.

Under the Law non-discriminatory treatment is required in all housing-related activities such as:
• Written and oral inquiries
• Advertisement
• The application, selection and rental process
• Terms and conditions of occupancy

Enforcement, Responsibility and Remedies
If you are engaged in an unlawful practice, an aggrieved party can file a complaint with the Federal or State Comission or a civil action against you in Federal or State Court. If discrimination is found:
You may have to rent to the complainant and pay actual and compensatory damages, punitive damages and the attorney’s fees if they filed a court case, and fines and damages it they filed an administrative case.
Federal law is enforced by HUD’s Office of Fair Housing and Equal Opportunity, (FHEO). In California, the Law is enforced by the State Department of Fair Employment and Housing ( DFEH )

Agents and Employees
You should be sure your employees or agents follow the law and train them to recognize fair housing situations.You are not only legally responsible for your actions but also those of your employees and agents. (except if they acting outside the scope of their employment or apparent authority).