§ 12005. Definitions.
2 CA ADC § 12005Barclays Official California Code of RegulationsEffective: January 1, 2024
Effective: January 1, 2024
2 CCR § 12005
§ 12005. Definitions.
As used in this subchapter, the following definitions shall apply:
(b) “Adverse action” means action that harms or has a negative effect on an aggrieved person. The adverse action need not be related directly to the dwelling or housing opportunity forming the basis for the lawsuit or administrative complaint; for example, filing false allegations about a tenant with a tenant's employer may constitute adverse action. Adverse action includes:
(A) Failing or refusing to rent or lease real property, falsely representing to an applicant that a property is unavailable, failing or refusing to continue to rent or lease real property, failing or refusing to add a household member to an existing lease, reducing any tenant subsidy, increasing the rent, reducing services, changing the terms, conditions, or privileges, applying inferior terms, conditions, or privileges, refusing to make necessary repairs, setting additional financial conditions not imposed on all tenants, threatening to or actually filing false reports with tenant reporting agencies, unlawfully locking an individual out of, or otherwise unlawfully restricting, access to all or part of the premises, harassment, termination, or threatened termination of tenancy, serving a notice to quit, filing an eviction action, evicting a tenant, refusing to provide a reasonable accommodation or reasonable modification, or engaging in any other discriminatory housing practice; or
(B) Refusing to complete forms, sign documents, allow inspections, comply with any public assistance, rental assistance, or housing subsidy program regulations, including refusing to make repairs to a housing accommodation to meet a governmental program's habitability standards, or take other necessary steps to facilitate access to the housing accommodation; or
(d) “Assistance animals” include service animals and support animals, as described in subsections (1) and (2) below. An assistance animal is not a pet. It is an animal that works, provides assistance, or performs tasks for the benefit of an individual with a disability, or provides emotional, cognitive, or similar support that alleviates one or more identified symptoms or effects of an individual's disability. See also, section 12185.
(1) “Service animals” are animals that are trained to perform specific tasks to assist individuals with disabilities, including individuals with mental health disabilities. Service animals do not need to be professionally trained or certified, but may be trained by the individual with a disability or another individual. Specific examples include, but are not limited to:
(f) “Business establishment” shall have the same meaning as in section 51 of the Civil Code. Business establishments include persons engaged in the operation of a business covered by section 51 of the Civil Code, insofar as the business is related to dwellings, housing opportunities, financial assistance, land use, or residential real estate-related activities. The term business establishment shall be broadly interpreted. For example:
(g) “Common use areas” means rooms, spaces, or elements inside or outside of a building that are made available for the use of residents of a building or the guests thereof. Examples of common use areas include hallways, lounges, lobbies, laundry rooms, refuse rooms, mail rooms, elevators, parking areas, garages, pools, clubhouses, dining areas, physical fitness areas or gyms, play areas, recreational areas, and passageways among and between buildings.
(h) “Complainant” means a person who files a complaint with the department alleging that the person has been aggrieved by a practice made unlawful by any law the department enforces and/or a person who files a civil action or counterclaim or raises an affirmative defense alleging that the person has been aggrieved by a practice made unlawful by any law the department enforces.
(l) “Discriminatory housing practice” means an act that is unlawful under federal or state fair housing law, including housing-related violations of the Fair Employment and Housing Act, the federal Fair Housing Act, the Unruh Civil Rights Act, the Ralph Civil Rights Act, the Disabled Persons Act, and the Americans with Disabilities Act.
(n) “Financial assistance” includes the making or purchasing of loans, grants, securities, or other debts; the pooling or packaging of loans or other debts or securities, which are secured by residential real estate; or the provision of other financial assistance relating to the purchase, organization, development, construction, improvement, repair, maintenance, rental, leasing, occupancy, or insurance of dwellings, including:
(2) Any building, structure, or portion thereof that is used or occupied as, or designed, arranged, or intended to be used or occupied as, a home, residence, or sleeping place by one individual who maintains a household or by two or more individuals who maintain a common household, and includes all public and common use areas associated with it, if any, including single family homes; multi-family housing; apartments; community associations, condominiums, townhomes, planned developments, community apartment projects, and other common interest developments as defined in the Davis-Stirling Common Interest Development Act (known colloquially as homeowner associations (HOAs)); housing cooperatives, including those defined under Civil Code 4100(d); rooms used for sleeping purposes; single room occupancy hotel rooms and rooms in which people sleep within other types of dwellings in which sleeping accommodations are provided but toileting or cooking facilities are shared by occupants of more than one room or portion of the dwelling; bunkhouses; dormitories, sober living homes; transitional housing; supportive housing; licensed and unlicensed group living arrangements; residential motels or hotels; boardinghouses; emergency shelters; homeless shelters; shelters for individuals surviving domestic violence, sexual assault, human trafficking, dating violence, stalking, or other forms of gender-based or interpersonal violence; cabins and other structures housing farmworkers; hospices; manufactured homes; mobilehomes and mobilehome sites or spaces; modular homes, factory built houses, multi-family manufactured homes, floating homes and floating home marinas, berths, and spaces; communities and live aboard marinas; and recreational vehicles used as a home or residence.
(3) Any building, structure, or portion thereof that is occupied, or intended to be occupied, pursuant to a transaction facilitated by a hosting platform, as defined in section 22590 of the Business and Professions Code, such as a website that enables property owners to list their spare room, apartment, or home for short term rentals.
(p) “Housing opportunity” includes the opportunity to obtain, use or enjoy a dwelling, a residential real estate-related transaction, financial assistance in relation to dwellings or residential real estate, public or private land use practices in relation to dwellings or residential real estate, or other housing related privileges, services and facilities, including infrastructure or governmental services.
(3) All individuals and entities that are described in 42 U.S.C. § 3602(d) and 24 C.F.R. § 100.20, including one or more individuals, corporations, partnerships, limited liability companies, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy proceedings, receivers, and fiduciaries;
(x) “Practice” or “practices” includes the following, whether written or unwritten or singular or multiple: an action, failure to act, rule, law, ordinance, regulation, decision, standard, policy, procedure, and common interest development governing documents pursuant to Civil Code sections 4205, 4340-4370. Practice also includes “practices” as used in 24 C.F.R. Part 100.
(aa) “Protected bases” or “protected classes” include race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, military or veteran status, age, medical condition, genetic information, citizenship, primary language, immigration status, arbitrary characteristics as protected by the Unruh Civil Rights Act, and all other classes of individuals protected from discrimination under federal or state fair housing laws, individuals perceived to be a member of any of the preceding classes, or any individual or person associated with any of the preceding classes.
(bb) “Public land use practices” include all practices by governmental entities, as those entities are defined in subsections 12005(v)(5), 12005(v)(6), 12005(w)(6), and 12005(w)(7), in connection with development and land use that are related to or have an effect on existing or proposed dwellings or housing opportunities including:
(2) Other actions authorized under the California Planning and Zoning Law (Title 7 (commencing with section 65000)), California Redevelopment Law (Health & Safety Code section 33320 et seq.), “Redevelopment Dissolution Law” (Division 24, Parts 1.8, 1.85 and 1.87), the Ellis Act (Government Code section 7060), the Mobilehome Parks Act (Health and Safety Code section 18200 et seq.), the Special Occupancy Parks Act (Health & Safety Code section 18860 et seq.), the California Relocation Assistance Act (Government Code section 7260 et seq.), the Surplus Lands Act (Government Code section 54220 et seq.), State Housing Law (Health and Safety Code section 17910 et seq., Government Code section 65580 et seq.) and other federal and state laws regulating the development, transfer, disposition, demolition, and regulation of residential real estate or existing or proposed dwellings, and the provision of public facilities and services and other practices that affect infrastructure, municipal services and community amenities in connection with housing opportunities;
(6) Adoption, modification or implementation of housing-related programs, which include activities where a governmental entity, in whole or in part, owns, finances, develops, constructs, alters, operates, or demolishes a dwelling, or where such activities are done in connection with a program administered by, or on behalf of, a governmental entity, directly or through contractual, licensing, or other arrangements; and
Credits
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12926, 12927, 12948, 12955, 12955.6, 12955.8, 12956.1 and 12956.2, Government Code; and Auburn Woods I Homeowners Ass'n v. Fair Employment and Housing Com'n (2004) 121 Cal.App.4th 1578.
History
1. New subchapter 7 (articles 1-24, sections 12005-12271), article 1 (sections 12005-12010) and section filed 9-16-2019; operative 1-1-2020 (Register 2019, No. 38).
2. Amendment of section and Note filed 11-19-2021; operative 1-1-2022 (Register 2021, No. 47).
3. Change without regulatory effect amending subsection (j) filed 3-20-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 12).
4. Amendment of subsections (b)(1)(A), (o)(2), (v)(7) and (bb) filed 11-22-2023; operative 1-1-2024 (Register 2023, No. 47).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 2, § 12005, 2 CA ADC § 12005
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