Housing Discrimination Due to Sexual Orientation in California
In the state of California, the Department of Fair Employment and Housing along with state and federal acts protect individuals seeking housing throughout the state no matter what classification of sexual orientation.
Fair housing and employment regulations in the state of California ban the practices of discrimination of a resident for his or her sexual orientation. While protected within the state, these safeguards may not hold true if the person moves away. However, the laws apply to numerous subjects and professionals to include landlords, real estate agents and brokers, sellers and buyers, builders of property, mortgage lenders and financial institutions. These protections extend to all manner of housing businesses and rental agreements. A landlord does not have the authority to stop an agreement if the resident is gay or lesbian.
Prohibitions of Discrimination
Legal prohibitions exist in California for discrimination when renting or leasing to the LGBTQ community. If the person is part of a sale as either buyer or seller, he or she is safe from this type of discrimination when involved in real estate dealings. Financial institutions and insurance companies may not choose to take their business away from the person. Advertising is open to the community as well without possibility of discrimination. Restrictive covenants and new construction deals may not engage in limiting business to the LGBTQ buyers or sellers. This includes any conditions and terms in a lease, contract for sale or rental agreement.Possible Housing Discrimination to Look for from the Landlord
Rental conditions that prohibit the individual in some manner may constitute housing discrimination. This happens when the financial institution denies a home loan or an insurance carrier denies homeowner’s insurance for the person based on his or her sexual orientation. Some housing accommodations not available for inspections, sales and deals or renting is not a permissible action. Conditions and terms in a leasing or rental agreement with inferior clauses, privileges or services is a sign of discrimination. Any refusal to permit and provide for reasonable changes with the unit for a disabled tenant is a prohibited action.Landlords may engage in various actions that could create hostilities in the housing community. This is possible by exposing the tenant as a member of the LGBTQ community or singling him or her out. Some may only run religious ceremonies and exclude those that do not ascribe to that religious affiliation. Another landlord may refuse to provide reasonable accommodations or let the tenant house a pet when the unit has a pet policy. Retaliation against the person for living at the complex or in the community is another sign of discrimination. Taking the quality of enjoyment out of the house or rental unit may also constitute as discrimination.
Exemptions to California Discrimination Rules
Specifically designated housing, such as that for senior citizens, may have exemptions to discrimination rules in the state of California. These properties must meet certain physical or social needs that seniors require and often receive an exemption to various laws. This type of housing could legally exclude families, children from living there or certain citizens based on additional provisions. Other exemptions include senior mobile home parks and places that require specific housing needs and rules. Disruptions of these guidelines could negatively impact those living in the area both physically and emotionally.Pursuing a Claim for Discrimination
If the location is not exempt from California laws in discrimination, the individual may have a valid claim against a landlord or owner if he or she suffers negatively for actions against him or her. The person should research the complaint process first. Then, after he or she is aware of the rules and requirements, he or she could file a complaint about the location or specific landlord or owner. If this involves a financial institution, the guidelines may have additional provisions. Seeking a remedy to these circumstances is important for the current problems and any future issue that may arise. The individual may need alawyer to seek a remedy or compensation.
Legal Support for LGBTQ Community Discrimination in Housing
If necessary, the person may pursue a legal claim and recover losses. He or she may seek an injunction to prohibit the illegal practices of the landlord or owner, access the housing denied by the landlord or seek damages for emotional trauma. Both civil and punitive damages are possible.Provided by HG.org
Read more on this legal issue
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Rights of California Renters when the Property Is Sold
How Do Jim Crow Laws Relate to Transgender Issues?
Property Ownership: Joint Tenants or Tenants-in-Common
LGBT Protections under the Fair Housing Act
Fair Housing Complications and What to Look For
Discrimination by Commercial Landlord Based on Disclosed Religious Use of Property
Landlord/Tenant Laws in California
Tenant Rights in California - Important Things to Know
California Tenant Laws, Rights and Regulations
What Benefits Is My Same-Sex Spouse or Domestic Partner Entitled to?
Are There Any Special Laws Regarding Homeless People
Rights of California Renters when the Property Is Sold
How Do Jim Crow Laws Relate to Transgender Issues?
Property Ownership: Joint Tenants or Tenants-in-Common
LGBT Protections under the Fair Housing Act
Fair Housing Complications and What to Look For
Discrimination by Commercial Landlord Based on Disclosed Religious Use of Property
Landlord/Tenant Laws in California
Tenant Rights in California - Important Things to Know
California Tenant Laws, Rights and Regulations
Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case.

