reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 7 - Discrimination in Housing › Article 12 - Harassment and Retaliation › Section 12120 - Harassment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General. The
					 Act prohibits harassment because of membership in a protected class as a
					 discriminatory housing practice. Harassment can take two forms: quid pro quo
					 harassment, and hostile environment harassment. It is possible for the same
					 conduct to be both quid pro quo harassment and hostile environment harassment.
(1) Quid pro quo harassment. Quid pro quo
					 harassment refers to an unwelcome request or demand to engage in conduct where
					 submission to the request or demand, either explicitly or implicitly, is made a
					 condition related to any of the following: the sale, rental, or availability of
					 a dwelling; the terms, conditions, or privileges of the sale or rental, or the
					 provision of services or facilities in connection therewith; the availability,
					 terms, conditions, or privileges of a housing opportunity; or the avoidance of
					 an adverse action. An unwelcome request or demand may constitute quid pro quo
					 harassment even if an individual acquiesces in the unwelcome request or
					 demand.
(2) Hostile environment
					 harassment. Hostile environment harassment refers to unwelcome conduct that is
					 sufficiently severe or pervasive as to interfere with any of the following: the
					 availability, sale, rental, or use or enjoyment of a dwelling; the terms,
					 conditions, or privileges of the sale or rental; the provision or enjoyment of
					 services or facilities in connection therewith; the availability, terms,
					 conditions, or privileges of a housing opportunity; or constitute any kind of
					 adverse action. Hostile environment harassment does not require a change in the
					 terms, conditions, or privileges of the dwelling, housing opportunity, or
					 housing-related services or facilities.
(3) Whether hostile environment harassment
					 existed or exists depends upon the totality of the circumstances.
(i) Factors to be considered in determining
					 whether hostile environment harassment existed or exist include, but are not
					 limited to, the nature of the conduct, the context in which the incident(s)
					 occurred, the severity, scope, frequency, duration, and location of the
					 conduct, and the relationships of the persons involved.
(ii) Neither psychological nor physical harm
					 must be demonstrated to prove that a hostile environment existed or exists.
					 Evidence of psychological or physical harm may, however, be relevant in
					 determining whether a hostile environment exists or existed, as well as the
					 amount of damages to which an aggrieved person may be entitled.
(iii) Whether unwelcome conduct is
					 sufficiently severe or pervasive as to create a hostile environment is viewed
					 from the perspective of a reasonable person in the aggrieved person's
					 position.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 7 - Discrimination in Housing › Article 13 - Consideration of Income › Section 12140 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 "Lawful, verifiable income" means income that is:
(1) authorized or sanctioned by law, or not
					 forbidden by law, and
(2)
					 reasonably able to be checked or demonstrated to be true or
					 accurate.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 7 - Discrimination in Housing › Article 13 - Consideration of Income › Section 12141 - Source of Income Discrimination in Rental Housing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 It is unlawful for a landlord or a landlord's agent to discriminate on the
					 basis of the source of income by which a tenant or applicant for tenancy pays
					 part or all of their rent by taking an "adverse action" as defined in section
					 12005(b). For
					 purposes of this section, additional examples of "adverse action" include:
(1) A refusal to negotiate in good faith with
					 the provider of any public assistance, rental assistance, or housing subsidy
					 program;
(2) Imposing different
					 procedures for the consideration of any public assistance, rental assistance,
					 or housing subsidy program as payment for rent, unless in response to a request
					 for a reasonable accommodation;
(3)
					 A refusal to comply with the requirements of any public assistance, rental
					 assistance, or housing subsidy program;
(4) Applying inferior terms, conditions, or
					 privileges in connection with the rental of a housing accommodation, including,
					 but not limited to, setting rates for rental or lease, establishing damage
					 deposits or other financial conditions, or refusing or limiting access to
					 common areas or facilities based upon an individual's source of income. This
					 includes imposing less favorable rental terms as a condition of accepting a
					 rental subsidy, rental assistance or a housing voucher;
(5) A refusal to make repairs to a housing
					 accommodation where the individual's source of income requires the housing
					 accommodation to meet a governmental program's habitability
					 standards;
(6) Representing to any
					 individual based upon the individual's source of income that a housing
					 accommodation is unavailable for potential rental when such housing
					 accommodation is, in fact, available;
(7) Terminating or threatening to terminate
					 participation in a rental assistance program;
(8) To make, print, or publish, or cause to
					 be made, printed, or published through any medium, electronic, print, broadcast
					 or other method, any notice, statement, sign, advertisement, application or
					 contract, with regard to a housing accommodation offered for rent, including,
					 but not limited to, accepted forms of payment for the housing accommodation,
					 which indicates a preference, limitation, or discrimination or an intention to
					 make that preference, limitation or discrimination based on an individual's
					 source of income; or
(9) To
					 otherwise make unavailable or deny a dwelling based on a person's source of
					 income.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 7 - Discrimination in Housing › Article 13 - Consideration of Income › Section 12142 - Aggregate Income

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a housing provider accounts for the aggregate income
						of any married persons residing together or proposing to reside together, in
						applying a financial or income standard in the rental of housing, the housing
						provider must also do so for all unmarried cohabitants residing together or
						proposing to reside together.
1. New
						section filed 11-19-2021; operative 1-1-2022 (Register 2021, No.
						47).
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.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 7 - Discrimination in Housing › Article 13 - Consideration of Income › Section 12143 - Financial and Income Standards Where There is a Government Rent Subsidy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where a tenant or applicant is using a housing subsidy,
						including a voucher under Section
						8 of the United States Housing Act
						of 1937 (42 U.S.C. §
												1437f), a housing provider is only permitted
						to consider the portion of the rent to be paid by the tenant when considering
						whether the tenant or applicant meets financial or income eligibility
						standards.
1. New
						section filed 11-19-2021; operative 1-1-2022 (Register 2021, No.
						47).
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.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 7 - Discrimination in Housing › Article 14 - Residential Real Estate-Related Practices › Section 12155 - Residential Real Estate-Related Practices with Discriminatory Effect

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 7 - Discrimination in Housing › Article 15 - Discrimination in Land Use Practices › Section 12161 - Discrimination in Land Use Practices and Housing Programs Prohibited

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) It shall be
					 unlawful for any person to engage in any public or private land use practice
					 that:
(1) intentionally discriminates based
					 on membership in a protected class pursuant to Government Code section
					 12955.8(a)
					 or
(2) has a discriminatory effect
					 on members of a protected class pursuant to Government Code section
					 12955.8(b)
					 and Article 7, unless there is a legally sufficient justification for the
					 practice.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 7 - Discrimination in Housing › Article 15 - Discrimination in Land Use Practices › Section 12162 - Specific Practices Related to Land Use Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To the extent that public or private land use practices
						identified in this section require conduct that violates other provisions of
						the Act and this subchapter, or otherwise restrict, deny, or make a housing
						opportunity unavailable because of membership in a protected class or the
						intended occupancy of any dwelling by individuals in a protected class, or
						which have a discriminatory effect on the basis of membership in a protected
						class in the absence of a legally sufficient justification, they shall be
						unlawful. Those practices include actions to enact, modify, enforce, or
						implement:
(a) Practices requiring
					 persons to take actions against individuals based upon broad definitions of
					 nuisance activities (such as considering a phone call to, or receipt of a visit
					 or service by, law enforcement or emergency services as a nuisance), or based
					 upon broad definitions of unlawful conduct or criminal activity. For purposes
					 of this section, practices requiring persons to take actions against
					 individuals include mandating initiation of eviction procedures against tenants
					 or occupants, prohibiting renewal of an existing tenancy, or requiring the
					 initiation of adverse actions against one or more tenants, occupants or
					 guests;
(b) Practices that violate
					 or mandate that other persons violate, Article 24, including practices
					 requiring persons to use specified criminal history records in their business
					 establishment in connection with housing opportunities, prohibiting persons
					 from renting or engaging in transactions covered by this Act on the basis of
					 specified criminal convictions, or mandating initiation of eviction proceedings
					 against tenants and occupants arrested, suspected or convicted of
					 crimes;
(c) Practices requiring
					 persons to take actions against individuals based on information related to
					 immigration status or legal residency or otherwise related to enforcement of
					 laws related to immigration. Activities required by federal law or court order
					 are exempt from this provision; and
(d) Nothing contained in this section shall
					 affect the nondiscriminatory enforcement of state and local public nuisance
					 laws, provided that those laws do not otherwise conflict with the
					 Act.
1. New
						section filed 9-16-2019; operative 1-1-2020 (Register 2019, No.
						38).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12921,
						  12926,
						  12927,
						  12955,
						  12955.6,
						  12955.8,
						  12956.1,
						  12956.2
						  and
						  12995,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 7 - Discrimination in Housing › Article 18 - Disability › Section 12176 - Reasonable Accommodations and Reasonable Modifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A reasonable accommodation is an
					 exception, change, or adjustment in rules, policies, practices, or services
					 when such an accommodation may be necessary to afford an individual with a
					 disability an equal opportunity to use and enjoy a dwelling unit and public and
					 common use areas, or an equal opportunity to obtain, use, or enjoy a housing
					 opportunity.
(b) A reasonable
					 modification is a change, alteration or addition to the physical premises of an
					 existing housing accommodation, when such a modification may be necessary to
					 afford the individual with a disability an equal opportunity to use and enjoy a
					 dwelling unit and public and common use areas, or an equal opportunity to
					 obtain, use, or enjoy a housing opportunity.
(c) It is a discriminatory housing practice
					 for any person to refuse to make reasonable accommodations unless providing the
					 requested accommodation would constitute an undue financial and administrative
					 burden or a fundamental alteration of its program, or if allowing an
					 accommodation would constitute a direct threat to the health and safety of
					 others (i.e. a significant risk of bodily harm) or would cause substantial
					 physical damage to the property of others, as defined in subsection
					 12179(b) or
					 12185(d)(9).
(d) It is a discriminatory housing practice
					 for any person to refuse to allow an individual with a disability the
					 opportunity to make reasonable modifications to the premises of an existing
					 housing accommodation that is occupied by or will be occupied by an individual
					 with a disability, except pursuant to sections
					 12179 through
					 12181.
(e) Confidentiality Regarding Reasonable
					 Accommodations and Modifications.
(1) All
					 information concerning an individual's disability, request for an accommodation
					 or modification, or medical verification or information must be kept
					 confidential and must not be shared with other persons who are not directly
					 involved in the interactive process or decision making about the requested
					 accommodation or modification unless disclosure is:
(A) Required to make or assess the decision
					 to grant or deny the request for accommodation or modification;
(B) Required to administer or implement the
					 requested accommodation or modification;
(C) Authorized by the individual with the
					 disability in writing; or
(D)
					 Required by law.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 7 - Discrimination in Housing › Article 18 - Disability › Section 12179 - Denial of Reasonable Accommodation or Reasonable Modification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 requested accommodation or modification may be denied if:
(1) The individual on whose behalf the
					 accommodation or modification was requested is not an individual with a
					 disability; or
(2) There is no
					 disability-related need for the requested accommodation or modification (in
					 other words, there is no nexus between the disability and the requested
					 accommodation or modification).
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 7 - Discrimination in Housing › Article 18 - Disability › Section 12180 - Other Requirements or Limitations in the

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Provision of Reasonable Accommodations and
						Modifications; and Examples.
(a) Other requirements or limitations in the
					 provision of reasonable accommodations and modifications include:
(1) It is unlawful to charge a fee or require
					 an additional deposit or financial contribution as a condition of receiving,
					 processing, or granting a reasonable accommodation or modification, except as
					 set forth in section
					 12181.
(2) The fact that an accommodation may impose
					 some cost on the person providing the accommodation or modification is not
					 grounds for denial of a request, so long as the cost does not constitute an
					 undue financial and administrative burden under section
					 12179.
(3) It is unlawful for a person to request or
					 require that an individual with a disability or representative waive the right
					 to request a future accommodation or modification.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 7 - Discrimination in Housing › Article 18 - Disability › Section 12181 - Other Requirements or Limitations in the Provision of Reasonable Modifications; and Examples

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 In the case of a rental, the owner or owner representative may, only where it
					 is reasonable to do so, condition permission for a reasonable modification on
					 the tenant or applicant agreeing to restore the interior of the premises to the
					 condition that existed before the modification, reasonable wear and tear
					 excepted. The owner cannot require restoration of exterior modifications or
					 modifications to public use areas or common areas;
(b) In the case of a rental where there is an
					 agreement for restoration, the owner or owner representative may not increase
					 for individuals with disabilities any customarily required security deposit,
					 nor can they automatically require that the tenant or applicant pay into an
					 interest-bearing escrow account to pay for restorations. However, where it is
					 necessary to ensure that funds will be available to pay for restorations at the
					 end of the tenancy, the owner or owner representative may negotiate as part of
					 such a restoration agreement a provision requiring that the tenant or applicant
					 pay into an interest-bearing escrow account, over a reasonable period, a
					 reasonable amount of money not to exceed the cost of the restorations. The
					 interest in any such account shall accrue to the benefit of the applicant or
					 tenant. Owners may not require the full amount of the cost of restorations to
					 be paid prior to permitting the modifications. Whether payment into an escrow
					 account is necessary to ensure that funds will be available for restoration is
					 a case-by-case factual determination. The following factors shall be considered
					 in determining whether payment into an escrow account is necessary, the amount
					 of any payments, and what the schedule and terms for such payments will be:
(1) The nature and extent of the proposed
					 modifications;
(2) The expected
					 duration of the lease;
(3) The
					 credit and tenant history of the tenant or applicant;
(4) The amount of any existing security
					 deposit;
(5) The impact of
					 non-restoration on the future usability of the premises; and
(6) Other information that has bearing on the
					 risk to the owner.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 7 - Discrimination in Housing › Article 18 - Disability › Section 12185 - Assistance Animals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 This section provides guidance as to assistance animals, as defined in
					 subsection 12005(d). This
					 includes both service animals, as defined in section
					 12005(d)(1), and
					 support animals as defined in section
					 12005(d)(2).
(b) Service Animals. Persons, including
					 tenants, occupants, invitees, owners, and others, are permitted to have service
					 animals as defined in section
					 12005(d)(1) in all
					 dwellings (including common use and public use areas), residential real estate,
					 and other buildings involved in residential real estate transactions, subject
					 to the restrictions set forth in subsection (d) below. The only permissible
					 questions that can be asked of an individual to determine if the animal is a
					 service animal are:
1) "Are you an individual
					 with a disability?" and
2) "What is
					 the disability-related task the animal has been trained to perform?" It is not
					 permitted to ask the individual with a disability to demonstrate the
					 task.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 7 - Discrimination in Housing › Article 24 - Consideration of Criminal History Information in Housing › Section 12264 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Criminal history information" means any record that
						contains individually identifiable information and describes any aspect of an
						individual's criminal history or contacts with any law enforcement agency. It
						includes information describing an individual's arrests and subsequent
						dispositions; information that an individual has been charged with or indicted
						for a felony, misdemeanor, or other criminal offense; and information
						indicating that an individual has been questioned, apprehended, taken into
						custody or detained, or held for investigation by a law enforcement, police,
						military, or prosecutorial agency, whether or not the contact with law
						enforcement led to a criminal conviction. Criminal history information includes
						both records from any jurisdiction and records that are not prepared strictly
						for law enforcement purposes, such as investigative consumer
						reports.
1. New
						article 24 (sections
						12264-12271) and section filed
						9-16-2019; operative 1-1-2020 (Register 2019, No.
						38).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12921,
						  12927,
						  12955 and
						  12955.8,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 7 - Discrimination in Housing › Article 24 - Consideration of Criminal History Information in Housing › Section 12265 - Prohibited Uses of Criminal History Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any practice of a person that includes seeking
						information about, consideration of, or use of criminal history information, as
						defined in Section
						12264, is unlawful if:
(a) It has a discriminatory effect under
					 Article 7, unless a legally sufficient justification applies under section
					 12266;
(b) It constitutes intentional discrimination
					 under section
					 12267;
(c) It constitutes a discriminatory statement
					 under section
					 12268; or
(d) It relates to practices specifically
					 prohibited under section
					 12269.
1. New
						section filed 9-16-2019; operative 1-1-2020 (Register 2019, No.
						38).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12921,
						  12927,
						  12955 and
						  12955.8,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 7 - Discrimination in Housing › Article 24 - Consideration of Criminal History Information in Housing › Section 12266 - Establishing a Legally Sufficient Justification Relating to Criminal History Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Respondents can show that there is no
					 violation of the Act if there is a legally sufficient justification for a
					 practice of seeking, considering or using criminal history information that has
					 a discriminatory effect. To show that a legally sufficient justification
					 exists, respondents must establish that the practice complies with this article
					 and meets all of the elements of a legally sufficient justification, as set
					 forth in this section and in subsections
					 12062 (c) and
					 (d).
(b) Business establishment: A business
					 establishment as defined in section
					 12005(f) whose
					 practice has a discriminatory effect shall not be considered to have committed
					 an unlawful housing practice in violation of the Act if the business
					 establishment can establish that:
(1) The
					 practice is necessary to achieve one or more substantial, legitimate,
					 nondiscriminatory business interests, such as the safety of its residents,
					 employees, or property;
(2) The
					 practice effectively carries out the identified business interest. This element
					 requires that the practice seek, consider, and use only criminal history
					 information regarding directly-related convictions, as defined in Section
					 12005(k), and
					 subject to Section
					 12269. In determining whether a
					 criminal conviction is directly-related, a practice should include
					 consideration of the nature and severity of the crime and the amount of time
					 that has passed since the criminal conduct occurred as provided in criminal
					 history information. For example, a ten-year-old misdemeanor conviction for a
					 driving offense would not likely be directly-related to fulfilling financial
					 obligations because there is no rational relationship between the violation and
					 the identified business interest. In contrast, a recent criminal conviction for
					 residential arson could be directly-related to the risk that an individual may
					 injure other residents or property because there is a rational relationship
					 between recently committing residential arson and injuring residents or
					 property; and
(3) There is no
					 feasible alternative practice that would equally or better accomplish the
					 identified business interest with a less discriminatory
					 effect.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 7 - Discrimination in Housing › Article 24 - Consideration of Criminal History Information in Housing › Section 12267 - Intentional Discrimination and the Use of Criminal History Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Practices that seek, consider, or use criminal history
						information may be a discriminatory practice if they violate Government Code
						section
						12955.8(a)
						and any implementing regulations by intentionally discriminating on the basis
						of membership in a protected class. This includes cases where selective use of
						the information is demonstrated to be a pretext for unequal treatment of
						individuals who are members of a protected class.
(a) For example, the fact that a respondent
					 has acted upon comparable criminal history information, or comparable criminal
					 history and mitigating circumstances information, differently for a member of a
					 protected class than the respondent has acted upon such information for an
					 individual who is not a member of a protected class may demonstrate pretext.
					 Respondent's consideration of any mitigating circumstances shall be among the
					 factors considered in determining whether the use of criminal history
					 information is pretextual.
(b) If a
					 respondent takes adverse action with respect to criminal history information
					 for some individuals and not others, and that action is based upon a change in
					 policy made in order to comply with law or regulation, such adverse action
					 shall not, in and of itself, be considered unlawful so long as the policy
					 change is uniformly applied.
(c)
					 Pretext also may be shown where evidence establishes that the respondent did
					 not actually know of the individual's criminal history information at the time
					 of the alleged discrimination.
1. New
						section filed 9-16-2019; operative 1-1-2020 (Register 2019, No.
						38).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12921,
						  12927,
						  12955 and
						  12955.8,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 7 - Discrimination in Housing › Article 24 - Consideration of Criminal History Information in Housing › Section 12268 - Discriminatory Statements Regarding Criminal History Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A person's
					 notice, advertisement, application, or other written or oral statement
					 regarding criminal history information that violates Government Code section
					 12955(c)
					 or its implementing regulations or which conflicts with the provisions in this
					 article and Article 7 shall be a violation of the Act.
(b) Advertising a lawful screening policy or
					 providing individuals a copy of a lawful screening policy pursuant to section
					 12266(d)(5) is not
					 unlawful. Offering an individual an opportunity to present individualized,
					 mitigating information pursuant to section
					 12266(d) and (e)
					 is not unlawful.
1. New
						section filed 9-16-2019; operative 1-1-2020 (Register 2019, No.
						38).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12921,
						  12926,
						  12927,
						  12955 and
						  12955.6,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 7 - Discrimination in Housing › Article 24 - Consideration of Criminal History Information in Housing › Section 12269 - Specific Practices Related to Criminal History Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) It is unlawful
					 for a person to:
(1) Seek, consider, use, or
					 take an adverse action based on criminal history information about any arrest
					 that has not resulted in a criminal conviction, or based on information
					 indicating that an individual has been questioned, apprehended, taken into
					 custody or detained, or held for investigation by a law enforcement, police,
					 military, or prosecutorial agency;
(2) Seek, consider, use, or take an adverse
					 action based on information about any referral to or participation in a
					 pre-trial or post-trial diversion program or a deferred entry of judgment
					 program; provided that if this information was provided by an individual for
					 purposes of offering mitigating information, a person may consider and use such
					 information;
(3) Seek, consider,
					 use, or take an adverse action based on information about any infraction, or
					 any criminal conviction that has been sealed, dismissed, vacated, expunged,
					 voided, invalidated, pardoned, or otherwise rendered inoperative by judicial
					 action or by statute (for example, under California Penal Code sections
					 1203.1 or
					 1203.4); or for
					 which a certificate of rehabilitation has been granted pursuant to Penal Code
					 section
					 4852.01 et
					 seq.; provided that if this information was provided by an individual for
					 purposes of offering mitigating information, a person may consider and use such
					 information;
(4) Unless pursuant to
					 an applicable court order, seek, consider, use or take an adverse action based
					 on any adjudication in the juvenile justice system, or information regarding a
					 matter considered in or processed through the juvenile justice system; provided
					 that if this information was provided by an individual for purposes of offering
					 mitigating information, a person may consider and use such information;
					 or
(5) Implement a "blanket ban" or
					 categorical exclusion practice that takes adverse action against all
					 individuals with a criminal record regardless of whether the criminal
					 conviction is directly related to a demonstrable risk to the identified
					 substantial, legitimate, nondiscriminatory interest or purpose. Examples of
					 such prohibited practices include bans against all individuals with a criminal
					 record, bans against all individuals with prior convictions, bans against all
					 individuals with prior misdemeanors, and bans against all individuals with
					 prior felonies.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 7 - Discrimination in Housing › Article 24 - Consideration of Criminal History Information in Housing › Section 12270 - Compliance with Federal OR State Laws, Regulations, or Licensing Requirements Permitting or Requiring Consideration of Criminal History

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In some instances, persons may also be subject to federal
						or state laws or regulations that require or prohibit consideration of certain
						criminal history information.
(a)
					 Compliance by a person with specific federal or state laws that apply to the
					 particular transaction at issue and require consideration of criminal history
					 information constitutes an affirmative defense to a discriminatory effect claim
					 under the Act, e.g. Ineligibility of Dangerous Sex Offenders for Admission to
					 Public Housing (42 U.S.C.
					 section 13663(a)) and
					 Ineligibility of Individuals Convicted for Manufacturing or Producing
					 Methamphetamine on Premises of Federally Assisted Housing for Admission to
					 Public Housing and Housing Choice Voucher Programs (24 CFR section
					 982.553).
(b) Failure of a person to comply with
					 specific federal or state laws that prohibit consideration of specific criminal
					 history information, or that require consideration of mitigating factors or
					 evidence of rehabilitation, in regard to consideration of such history, and
					 that apply to the transaction, may constitute a violation of the Act.
1. New
						section filed 9-16-2019; operative 1-1-2020 (Register 2019, No.
						38).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12921,
						  12927,
						  12955 and
						  12955.8,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 7 - Discrimination in Housing › Article 24 - Consideration of Criminal History Information in Housing › Section 12271 - Local Laws or Ordinances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In some instances, a person may also be subject to local
						laws or ordinances that provide additional limitations on seeking, considering,
						or using criminal history information. Nothing in this article exempts persons
						from compliance with those local laws or ordinances; provided that such local
						laws or ordinances do not violate the Act or implementing regulations and those
						limitations are more protective of individuals in protected
						classes.
1. New
						section filed 9-16-2019; operative 1-1-2020 (Register 2019, No.
						38).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12921,
						  12927,
						  12955 and
						  12955.8,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 9 - Nondiscrimination in State-Supported Programs and Activities › Article 1 - General Matters › Section 14001 - Applicability of this Subchapter by Operation of Law

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This subchapter governs all disputes relating to
						compliance with responsibilities under this subchapter by operation of
						law.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136, 11137 and 11139, Government
						  Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 9 - Nondiscrimination in State-Supported Programs and Activities › Article 1 - General Matters › Section 14002 - Relationship to Local Laws

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To the extent that any local law, regulation, ordinance,
						resolution, policy or practice is in conflict with Article 9.5, this
						subchapter, or other implementing regulations insofar as it affords less
						protection to any protected class or protected class member than Article 9.5,
						this subchapter, or other implementing regulations, it shall be superseded by
						Article 9.5, this subchapter, or other implementing regulations.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 9 - Nondiscrimination in State-Supported Programs and Activities › Article 1 - General Matters › Section 14003 - Legal Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The protections, prohibitions, rights, duties, sanctions, and remedies imposed
					 by Article 9.5, this subchapter, and other implementing regulations are not
					 exclusive and are in addition to any other protections, prohibitions, rights,
					 duties, sanctions, and remedies imposed by other federal or state laws.
					 Compliance with other laws does not in itself constitute compliance with or
					 discharge the protections, prohibitions, rights, duties, sanctions, and
					 remedies imposed by Article 9.5, this subchapter, or other implementing
					 regulations, nor does compliance with Article 9.5, this subchapter, or other
					 implementing regulations necessarily constitute compliance with other laws
					 where those other laws impose requirements that are more protective of
					 protected classes. Compliance with such other laws does not in itself exempt
					 the state, a state agency, or a recipient from complying with Article 9.5 or
					 other implementing regulations.
(b)
					 Article 9.5 shall not be interpreted in a manner that would adversely affect
					 lawful programs or activities that benefit members of protected classes in
					 order to overcome the effects of conditions that result or have resulted in
					 limited participation in, or receipt of benefits from, any program or activity
					 provided by a covered entity.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11139 and 11139.5, Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 9 - Nondiscrimination in State-Supported Programs and Activities › Article 1 - General Matters › Section 14004 - Recipient - Duration of Obligation: Real Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 In the case of state support extended in the form of real property or to
					 acquire or improve real property, the recipient, or in the case of a subsequent
					 transfer, the subsequent transferee, shall comply with this subchapter, and
					 other implementing regulations for the period during which the real property is
					 used for the purpose for which the state support was extended, or for another
					 purpose involving the provision of similar services or benefits.
(b) In the case of state support extended in
					 the form of real property or to acquire or improve real property, the
					 instrument effecting or recording such transfer shall contain a covenant of
					 nondiscrimination running with the land assuring nondiscrimination for the
					 period during which the property is used for the purpose for which the state
					 support was extended, or for another purpose involving the provision of similar
					 services or benefits.
(c) In the
					 case of real property acquired or improved with state support, the instrument
					 effecting any subsequent disposition by the recipient shall contain a covenant
					 running with the land assuring nondiscrimination for the period during which
					 the real property is used for the purpose for which the state support was
					 extended, or for another purpose involving the provision of similar services or
					 benefits.
(d) If a recipient or a
					 transferee of a recipient fails to comply with subsections (b) and (c) of this
					 section, the covenants required by those subsections shall be deemed to be a
					 part of any instrument effecting or recording disposition of the real property
					 involved.
(e) Ultimate
					 beneficiaries may enforce regulatory agreements or covenants, conditions, and
					 restrictions required pursuant to this section.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 9 - Nondiscrimination in State-Supported Programs and Activities › Article 1 - General Matters › Section 14005 - Recipient - Duration of Obligation: Personal Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the case of state support extended to acquire personal
						property, or in the form of personal property, the recipient shall be obligated
						to comply with Article 9.5, this subchapter, and other implementing regulations
						for the period during which it retains ownership or possession of the
						property.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 9 - Nondiscrimination in State-Supported Programs and Activities › Article 1 - General Matters › Section 14006 - Recipient - Duration of Obligation: Other Cases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In all other cases, the recipient shall be obligated to
						comply with Article 9.5, this subchapter, and other implementing regulations
						for the period during which state support is received and continuing thereafter
						for the period during which the recipient enjoys the benefit or advantage of
						the state support it received.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 9 - Nondiscrimination in State-Supported Programs and Activities › Article 1 - General Matters › Section 14007 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any provision of this subchapter, or any portion
						thereof, is adjudged to be invalid by a court of competent jurisdiction, or if
						any provision of this subchapter, or a portion thereof, loses its force or
						effect as a result of legislative action, that judgment or action does not
						affect the remainder of the provisions of this subchapter.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.