Avoiding Discrimination Claims When Screening Tenants with Section 8
Briefly

California tenant protection laws have evolved, particularly with the Tenant Protection Act of 2019 and subsequent amendments like Senate Bill 329 in 2020. SB 329 modified the Fair Employment and Housing Act to define "source of income" to include Section 8 voucher holders, prohibiting discrimination against them. This legislative change has led to an increase in discrimination claims from potential tenants. The Unruh Civil Rights Act and FEHA, established in 1959, provide extensive protections against discrimination for consumers based on various characteristics, including source of income, mandating equal treatment in rental situations.
Senate Bill 329 explicitly includes Section 8 voucher holders within the definition of "source of income," preventing owners from discriminating against them.
Discrimination claims from prospective tenants have surged due to changes in California's housing laws, particularly influenced by SB 329.
The Unruh Civil Rights Act and FEHA protect consumers from discrimination related to protected characteristics, including source of income.
Both Unruh and FEHA protect renters from discrimination based on several factors, ensuring they cannot be penalized for their source of income.
Read at Bay Area Real Estate Law Blog
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