Bill Text: CA SB1053 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Housing discrimination: applications.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [SB1053 Detail]

Download: California-2015-SB1053-Introduced.html

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BILL NUMBER: SB 1053	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Leno

                        FEBRUARY 16, 2016

   An act to amend Section 12955 of the Government Code, relating to
housing discrimination.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1053, as introduced, Leno. Housing discrimination:
applications.
   Existing law generally prohibits housing discrimination with
respect to various personal characteristics including source of
income. Existing law defines "source of income" for these purposes as
lawful, verifiable income paid directly to a tenant or paid to a
representative of a tenant, which does not include a landlord.
   This bill would amend the definition of "source of income" to also
include specified federal, state, or local housing assistance or
subsidies paid either to the tenant or directly to the landlord on
behalf of the tenant.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12955 of the Government Code is amended to
read:
   12955.  It shall be unlawful:
   (a) For the owner of any housing accommodation to discriminate
against or harass any person because of the race, color, religion,
sex, gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, familial status, source of
income, disability, or genetic information of that person.
   (b) For the owner of any housing accommodation to make or to cause
to be made any written or oral inquiry concerning the race, color,
religion, sex, gender, gender identity, gender expression, sexual
orientation, marital status, national origin, ancestry, familial
status, disability, or genetic information of any person seeking to
purchase, rent, or lease any housing accommodation.
   (c) For any person to make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement,
with respect to the sale or rental of a housing accommodation that
indicates any preference, limitation, or discrimination based on
race, color, religion, sex, gender, gender identity, gender
expression, sexual orientation, marital status, national origin,
ancestry, familial status, source of income, disability, or genetic
information or an intention to make that preference, limitation, or
discrimination.
   (d) For any person subject to the provisions of Section 51 of the
Civil Code, as that section applies to housing accommodations, to
discriminate against any person on the basis of sex, gender, gender
identity, gender expression, sexual orientation, color, race,
religion, ancestry, national origin, familial status, marital status,
disability, genetic information, source of income, or on any other
basis prohibited by that section. Selection preferences based on age,
imposed in connection with a federally approved housing program, do
not constitute age discrimination in housing.
   (e) For any person, bank, mortgage company or other financial
institution that provides financial assistance for the purchase,
organization, or construction of any housing accommodation to
discriminate against any person or group of persons because of the
race, color, religion, sex, gender, gender identity, gender
expression, sexual orientation, marital status, national origin,
ancestry, familial status, source of income, disability, or genetic
information in the terms, conditions, or privileges relating to the
obtaining or use of that financial assistance.
   (f) For any owner of housing accommodations to harass, evict, or
otherwise discriminate against any person in the sale or rental of
housing accommodations when the owner's dominant purpose is
retaliation against a person who has opposed practices unlawful under
this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in
any proceeding under this part, or has aided or encouraged a person
to exercise or enjoy the rights secured by this part. Nothing herein
is intended to cause or permit the delay of an unlawful detainer
action.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts or practices declared unlawful in this
section, or to attempt to do so.
   (h) For any person, for profit, to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, religion, sex, gender, gender identity,
gender expression, sexual orientation, marital status, ancestry,
disability, genetic information, source of income, familial status,
or national origin.
   (i) For any person or other organization or entity whose business
involves real estate-related transactions to discriminate against any
person in making available a transaction, or in the terms and
conditions of a transaction, because of race, color, religion, sex,
gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, source of income, familial
status, disability, or genetic information.
   (j) To deny a person access to, or membership or participation in,
a multiple listing service, real estate brokerage organization, or
other service because of race, color, religion, sex, gender, gender
identity, gender expression, sexual orientation, marital status,
ancestry, disability, genetic information, familial status, source of
income, or national origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, gender, gender
identity, gender expression, sexual orientation, familial status,
source of income, disability, genetic information, or national
origin.
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
gender, gender identity, gender expression, sexual orientation,
familial status, marital status, disability, genetic information,
national origin, source of income, or ancestry. Discrimination
includes, but is not limited to, restrictive covenants, zoning laws,
denials of use permits, and other actions authorized under the
Planning and Zoning Law (Title 7 (commencing with Section 65000)),
that make housing opportunities unavailable.
   Discrimination under this subdivision also includes the existence
of a restrictive covenant, regardless of whether accompanied by a
statement that the restrictive covenant is repealed or void.
   (m) As used in this section, "race, color, religion, sex, gender,
gender identity, gender expression, sexual orientation, marital
status, national origin, ancestry, familial status, source of income,
disability, or genetic information," includes a perception that the
person has any of those characteristics or that the person is
associated with a person who has, or is perceived to have, any of
those characteristics.
   (n) To use a financial or income standard in the rental of housing
that fails to account for the aggregate income of persons residing
together or proposing to reside together on the same basis as the
aggregate income of married persons residing together or proposing to
reside together.
   (o) In instances where there is a government rent subsidy, to use
a financial or income standard in assessing eligibility for the
rental of housing that is not based on the portion of the rent to be
paid by the tenant.
   (p) (1) For the purposes of this section, "source of income" means
lawful, verifiable income paid directly to a tenant or paid to a
representative of a  tenant. For the purposes of this
section, a landlord is not considered a representative of a tenant.
  tenant, or paid to a housing owner or landlord on
behalf of a tenant, including federal, state, or local public
assistance and federal, state, or local housing subsidies, including,
but not limited to, federal housing assistance vouchers under
Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec.
1437f). 
   (2) For the purposes of this section, it shall not constitute
discrimination based on source of income to make a written or oral
inquiry concerning the level or source of income.