§ 12050. Discriminatory Practices Regarding Notices, Statements, and Advertisements.
2 CA ADC § 12050Barclays Official California Code of RegulationsEffective: January 1, 2024
Effective: January 1, 2024
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.
(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.
(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.
(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.
Credits
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).
2. Amendment of subsection (b)(2) filed 11-22-2023; operative 1-1-2024 (Register 2023, No. 47).
This database is current through 9/20/24 Register 2024, No. 38.
Cal. Admin. Code tit. 2, § 12050, 2 CA ADC § 12050
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