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§ 12050. Discriminatory Practices Regarding Notices, Statements, and Advertisements.

2 CA ADC § 12050BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 2. Administration
Division 4.1. Department of Fair Employment and Housing
Chapter 5. Fair Employment and Housing Council
Subchapter 7. Discrimination in Housing
Article 6. Discriminatory Notices, Statements, and Advertisements
2 CCR § 12050
§ 12050. Discriminatory Practices Regarding Notices, Statements, and Advertisements.
(a) Except as specified in section 12051, it shall be unlawful for a 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 which indicates any preference, limitation or discrimination, or an intention to make that preference, limitation or discrimination, because of any protected basis under the Act.
(b) A notice, statement or advertisement is discriminatory under subsection 12050(a) if complainant shows that:
(1) the respondent made a notice, statement or advertisement;
(2) the statement was made with respect to the sale or rental of a housing accommodation, or with respect to the housing accommodations of current or former homeowners or renters; and
(3) the notice, statement or advertisement indicated a preference, limitation or discrimination on the basis of a protected status.
(c) A notice, statement or advertisement is discriminatory under subsection 12050(a) if it would suggest such a preference to an ordinary reader or listener. Proof of discriminatory intent under Article 3 is not required to establish liability under subsection 12050(a).
(d) Except as specified in section 12051, it shall be unlawful for any owner to make or to cause to be made any written or oral inquiry concerning any protected basis under the Act of any individual seeking to purchase, rent, or lease any housing accommodation.
(e) Except as specified in section 12051, the prohibitions in this section shall apply to all written or oral notices or statements by a person engaged in the sale or rental of a housing accommodation. Written notices and statements include any applications, flyers, brochures, deeds, signs, banners, posters, billboards or any documents used with respect to the sale or rental of a housing accommodation, including electronic notices, statements or advertisements on housing platforms, websites, listservs, social media, or any other electronic media.
(f) Except as specified in section 12051, subsection 12050(a) applies to notices, statements, and advertisements for any housing even if the housing accommodation itself is exempt under the Act.
(g) Discriminatory notices, statements, and advertisements include:
(1) Using words, phrases, photographs, illustrations, symbols or forms which convey that housing accommodations are available or not available to a particular group of persons because of any protected basis under the Act.
(A) It is unlawful to use words or phrases that explicitly express a preference or limitation based upon a protected class, e.g. “No Blacks allowed,” “No children permitted” (except to state an age-based preference or requirement for housing for older persons in relation to a housing accommodation meeting the requisite criteria of Government Code section 12955.9 pursuant to subsection 12051(e)), “No Section 8 allowed,” “No Vouchers or Government Assistance accepted,” or “No wheelchairs allowed.”
(B) It is unlawful to use words or phrases that suggest a preference or limitation to an ordinary reader or listener. Depending upon the context in which they are used, the following words and phrases used in real estate advertising may convey either overt or tacit discriminatory intent: “Jewish housing” which may indicate discrimination based upon religion, “English speakers” which may indicate discrimination based upon national origin, “Not suitable for children” which may indicate discrimination based upon familial status if the housing accommodation is not housing for older persons under subsection 12051(e), “For tech workers” or “For working professionals” which may indicate discrimination based upon source of income, and “Ability to live independently” and “Active living” which may indicate discrimination based upon disability.
(2) Expressing to agents, brokers, or employees; prospective sellers, buyers, or renters; current or former owners, buyers, or renters; or any other persons a preference for or limitation related to any protected basis under the Act.
(3) Selecting media or locations for advertising the sale or rental of housing accommodations which deny particular segments of the housing market information about housing opportunities because of any protected basis under the Act.
(4) Refusing to publish advertising for the sale or rental of housing accommodations or requiring different charges or terms for such advertising because of any protected basis under the Act.
(5) Adding or including language in any declaration, governing document, deed, lease, rental policy, tenant policy or rule, homeowner association policy or rule, or similar document, that expresses a preference, limitation, discrimination or prohibition based on any protected basis under the Act, including any conduct in violation of section 12956.1 of the Act regarding discriminatory restrictive covenants.
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12926, 12927, 12955, 12955.6 and 12955.8, Government Code.
HISTORY
1. New article 6 (sections 12050-12052) and section filed 11-19-2021; operative 1-1-2022 (Register 2021, No. 47).
This database is current through 5/6/22 Register 2022, No. 18
2 CCR § 12050, 2 CA ADC § 12050
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