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§ 12155. Residential Real Estate-Related Practices with Discriminatory Effect.

2 CA ADC § 12155BARCLAYS 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 14. Residential Real Estate-Related Practices
2 CCR § 12155
§ 12155. Residential Real Estate-Related Practices with Discriminatory Effect.
(a) Residential real estate-related practices may have a discriminatory effect. A residential real estate-related practice that has a discriminatory effect is prohibited unless there is a legally sufficient justification for the practice. Residential real estate-related practices that are prohibited absent a legally sufficient justification include:
(1) Making available, or making unavailable, a residential real estate-related transaction in a manner that results in a discriminatory effect based on membership in a protected class;
(2) Establishing the terms or conditions of a residential real estate-related transaction in a manner that results in a discriminatory effect based on membership in a protected class;
(3) Failing or refusing to provide information regarding a residential real estate-related transaction; failing or refusing to provide information regarding application requirements, procedures, or standards for the review and approval of the residential real estate-related transaction; or providing information which is inaccurate or different from that provided others in a manner that that results in a discriminatory effect based on membership in a protected class;
(4) Imposing different terms or conditions on the availability of a residential real estate-related transaction in a manner that results in a discriminatory effect based on membership in a protected class;
(5) Determining the price or other terms or conditions in connection with a residential real estate-related transaction in a manner that results in a discriminatory effect based on membership in a protected class;
(6) Subjecting a person to harassment that affects a residential real estate-related transaction, in a manner that results in a discriminatory effect based on membership in a protected class; and
(7) Conditioning the availability of a residential real estate-related transaction, or the terms or conditions thereof, on a person's response to harassment in a manner that results in a discriminatory effect based on membership in a protected class.
(8) Using different policies, practices, or procedures in evaluating or in determining creditworthiness of any person in connection with the provision of financial assistance in a manner that results in a discriminatory effect based on membership in a protected class.
(b) Residential real estate-related practices are also prohibited if they intentionally discriminate on the basis of membership in a protected class.
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12926, 12926.1, 12927, 12948, 12955, 12955.6 and 12955.8, Government Code.
HISTORY
1. New article 14 (section 12155) and section filed 9-16-2019; operative 1-1-2020 (Register 2019, No. 38).
2. Amendment of article heading, new subsection (a)(8) and amendment of Note filed 11-19-2021; operative 1-1-2022 (Register 2021, No. 47).
This database is current through 4/22/22 Register 2022, No. 16
2 CCR § 12155, 2 CA ADC § 12155
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