There are a number of areas in which California’s state and local laws are stricter than federal laws.
One notable area? Fair housing.
State and federal fair housing laws provide equal access to housing for all Los Angeles residents, and they’re essential to keeping our housing market diverse and accessible. The California Department of Real Estate requires ongoing training around fair housing issues, and as your local property management experts in LA, the team at Earnest Homes goes beyond the minimum requirements to ensure we are experts in this area.
Fair housing is not only about avoiding discrimination. It’s about ensuring that all tenants in LA have an equal opportunity to access the safe and habitable housing that they need.
Here’s our hot take on fair housing laws and what you don’t want to trip over when you’re renting out a property.
Fair Housing Laws: State and Federa
Fair housing in Los Angeles means following the state laws, which are enforced by the California Civil Rights Department. The Los Angeles Housing Department (LAHD) and the Los Angeles County Development Authority (LACDA) provide resources to tenants, property owners, and property managers around fair housing and discrimination. These agencies can be excellent resources if there are specific questions, complaints, or concerns.
The Fair Housing Act is a federal law that has been around since 1968, and it provides a starting framework for the state and local laws. This law introduced the idea that there are protected classes. Federally, there are seven protected classes. The law says you cannot discriminate when it comes to providing housing based on race, color, sex, disability, religion, national origin, and familial status.
As we mentioned, California goes even further. There are additional protected classes under state fair housing laws. When we’re talking about your fair housing requirements in Los Angeles, you have all of those seven classes we mentioned above and also:
- Criminal history (non-relevant convictions)
- Primary language
- Ancestry
- Immigration status
- Marital status
- Pregnancy
- Status as a victim of domestic violence or stalking
- Political affiliation
- Age
- Gender identity and gender expression
- Medical condition
- Genetic information
- Military or veteran status
- Source of income
Be cautious and avoid making decisions, consciously or unconsciously, based on these characteristics.
Most mistakes are made during the screening and the marketing process. Protect yourself by establishing an objective and consistent process for screening tenants. Keep all of your rental criteria in writing and easily accessible so that tenants know what you’re looking for before they even apply. Make sure you’re highlighting the things about your property that would be appealing to all tenants in your listing, not just a select group of renters who make up one demographic.
Fair Housing and Equal Opportunity
Fair housing laws in Los Angeles aren’t just about strict regulations and tenant protections.
They’re also about ensuring equal opportunity housing for all individuals, regardless of where they come from, what they look like, or what language they speak. These laws, including the Fair Housing Act at the federal level and the California Fair Employment and Housing Act (FEHA) at the state level, prohibit landlords from discriminating against prospective tenants during the rental process.
Rental property owners and property managers are required to treat all applicants fairly and equitably, which includes providing access to housing without bias or preference based on protected characteristics. By enforcing these regulations, the laws help to create a more inclusive and accessible housing market, preventing discriminatory practices that could otherwise exclude certain groups from finding homes in Los Angeles.
It’s not only a legal obligation but also a step toward supporting a diverse, thriving community. These laws offer clear guidelines on acceptable behavior, helping owners of rental properties to avoid legal disputes and penalties that may arise from discriminatory practices.
By offering equal opportunities to all potential tenants, we can contribute to a more equitable housing environment in Los Angeles, where individuals of various backgrounds can access safe and affordable housing without facing bias. This ultimately promotes a more just and harmonious society, benefiting both landlords and tenants and driving investment opportunities in LA.
Where Common Mistakes are Made with LA Fair Housing Laws
As property management professionals in Los Angeles, we know where many rental property owners are making mistakes. We see a lot of confusion around the hot button topics like service animals and how to be fair to Section 8 applicants. This is what you need to know about these two specific areas of fair housing:
- Service and Companion Animals are Not Actually Pets
Service animals aren’t pets, nor are companion animals such as emotional support animals. When you’re renting out a home to a tenant who needs one of these animals, you have to allow them, even if you have a strict no-pet policy.
Service animals are easily identified and come with their own paperwork and set of skills. They are almost always dogs. Companion animals, however, aren’t always easy to identify. They could be any type of animal, even an animal you would never dream of allowing into your property. With companion animals, you’re permitted to ask for documentation from a medical provider, and recent laws require that medical provider to have seen the patient in person and worked with them for a specific period of time.
- Section 8 Tenants and Equal Opportunity
When we talk about equal opportunity, we have to talk about LA tenants who may have housing vouchers through the Section 8 program or other similar programs. California fair housing laws do not allow you to refuse an application from a tenant with Section 8 benefits, as long as they meet your qualifying rental criteria. Those housing benefits can be considered their income for the purposes of your rental criteria. If we are going to commit to equal opportunity, there’s no reason to try and keep Section 8 tenants from applying to and living in your property. There are actually many benefits that come with the Section 8 program, and we’d be happy to tell you more about them.
Questions about fair housing and your property? We invite you to contact us at Earnest Homes, and we’ll talk about how to manage your LA rental property in a way that’s equitable and inclusive.
