For those who feel they have been discriminated against with regards to the rental of property in the form of race, color, religion, national origin, ancestry, age, sexual preference, sex, marital status, family status, and/or because of a physical disability or mental impairment; you may have a case against the Landlord or Property Manager. This guide helps you understand what to do when confronted with rental discrimination.
I. What civil rights
are guaranteed to all tenants?
We can trace back as far as 1776, to our
Declaration of Independence, in which certain unalienable rights were
guaranteed to all individuals. Later, the Constitution of the United States
became the law, and individual states took the lead in the enactment of civil
rights legislation. Eventually, Fair Housing Laws were implemented to
further advance and protect the civil rights of individuals. Today, the
provisions of these laws essentially prohibit discrimination in the rental of
property in the form of race, color, religion, national origin, ancestry, age,
sexual preference, sex, marital status, family status, and/or because of a
physical disability or mental impairment, or otherwise challenged.
These prohibitions
cover:
- Any
advertisement concerning rentals;
- The
availability, terms, conditions, or privileges of a lease or rental
agreement;
- And,
prohibits the owner, manager and/or agents from harassing, evicting,
retaliating, or otherwise discriminating against you because of any of
these grounds
II. In California, the Department of Fair Employment and Housing receives, investigates, and when
appropriate, conducts hearings regarding complaints alleging
discrimination.
If there is a finding of an
unlawful practice, a cease and desist ORDER may be issued against the owner of
the rental property, and/or property manager, as well as an ORDER for the
payment of actual damages, as well as an administrative fine. Actual damages include, but are not limited to,
damages for emotional distress, mental anguish, pain, suffering, inconvenience,
the costs of moving, and loss of enjoyment of life. In determining whether and to what extent an
administrative fine may be assessed, a determination is made by the Department
of Fair Employment and Housing as to whether the owner or property managers are
guilty of oppression, fraud, or malice, either expressed or implied.
- Evidence
concerning willful or intentional conduct will be considered; as well as
- Where
the owner has committed multiple violations;
- There
has been a refusal to prevent, or eliminate the discrimination; or,
- The conduct
is without just cause or excuse
III. A tenant may
assert these grounds of discrimination in any Unlawful Detainer Complaint filed
against the owner, or as an independent basis for a lawsuit by the tenant
against the owner, and/or agents of the owner.
In a civil lawsuit, the tenant may
sue for a violation of civil rights, as well as bring other claims, such as
breach of contract, fraud, intentional and negligent infliction of emotional
stress. Many attorneys accept these types
of cases on a contingency fee basis, which means they will only charge attorneys'
fees if you obtain a recovery.
IV. The U.S. Attorney General announced a major expansion of
the Civil Rights Division, of the various Offices of the United States Attorney
General to help litigate housing discrimination cases.
If you believe that the owner of a
house or apartment will not rent to you, or is evicting you because of a
violation of your civil rights you may write or call the nearest office of the
California Department of Fair Employment and Housing, and/or the U.S.
Department of Housing and Urban Development.
You should note, however, that the owners of housing for senior citizens
do not have to accept families with children.
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