California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 10 - Discrimination and Panic Selling › Section 2780 - Discriminatory Conduct as the Basis for Disciplinary Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prohibited discriminatory conduct by a real estate licensee
				  based upon race, color, religion, sex, gender, gender identity, gender
				  expression, sexual orientation, familial status, marital status, disability,
				  genetic information, national origin, source of income, veteran or military
				  status, ancestry, citizenship, primary language, or immigration status,
				  collectively referred to below as the protected classes and individually as a
				  protected class, includes, but is not limited to, the following:
(a) Refusing to negotiate for the sale,
				rental or financing of the purchase of real property or otherwise making
				unavailable or denying real property to any person because of that person's
				protected class.
(b) Refusing or
				failing to show, rent, sell or finance the purchase of real property to any
				person or refusing or failing to provide or volunteer information to any person
				about real property, or channeling or steering any person away from real
				property, because of that person's protected class or because of the racial,
				religious, or ethnic composition of any occupants of the area in which the real
				property is located.
(c)
				Discriminating against any person because of that person's protected class in
				the sale or purchase or negotiation or solicitation of the sale or purchase or
				the collection of payment or the performance of services in connection with
				contracts for the sale of real property or in connection with loans secured
				directly or collaterally by liens on real property or on a business
				opportunity.
Prohibited discriminatory conduct by a real estate licensee
				  under this subdivision does not include acts based on a person's marital status
				  which are reasonably taken in recognition of the community property laws of
				  this state as to the acquiring, financing, holding or transferring of real
				  property.
(d) Discriminating
				against any person because of that person's protected class in the terms,
				conditions or privileges of sale, rental or financing of the purchase of real
				property.
This subdivision does not prohibit the sale price, rent or
				  terms of a housing accommodation providing facilities or services for persons
				  with physical disabilities to differ from a housing accommodation not
				  containing such facilities, if the difference in sale price, rent or terms is
				  reasonably related to the cost or difficulty of providing those facilities or
				  services.
(e) Discriminating
				against any person because of that person's protected class in providing
				services or facilities in connection with the sale, rental or financing of the
				purchase of real property, including but not limited to: processing
				applications differently, referring prospects to other licensees because of the
				prospective client's protected class, using with discriminatory intent or
				effect, codes or other means of identifying a prospective client's protected
				class, or assigning real estate licensees on the basis of a prospective
				client's protected class.
Prohibited discriminatory conduct by a real estate licensee
				  under this subdivision does not include acts based on a person's marital status
				  which are reasonably taken in recognition of the community property laws of
				  this state as to the acquiring, financing, holding or transferring of real
				  property.
(f) Representing
				to any person because of that person's protected class that real property is
				not available for inspection, sale or rental when such real property is in fact
				available for inspection, sale or rental.
(g) Processing an application more slowly or
				otherwise acting to delay, hinder or avoid the sale, rental or financing of the
				purchase of real property on account of the protected class of a potential
				owner or occupant.
(h) Making any
				effort to encourage discrimination against any protected class, or against any
				person because of that person's protected class in the showing, sale, lease or
				financing of the purchase of real property.
(i) Refusing to cooperate with or refusing to
				assist another real estate licensee in negotiating the sale, rental or
				financing of the purchase of real property because of the protected class of
				the prospective purchaser, occupant or tenant.
(j) Making any effort to obstruct, hinder or
				otherwise discourage the purchase, lease or financing of the purchase of real
				property by persons whose protected class differs from that of persons
				presently residing in a structural improvement to real property or in an area
				in which the real property is located.
(k) Performing any acts, making any notation,
				asking any questions or making or circulating any written or oral statement
				which when taken in context, expresses or implies a limitation, preference or
				discrimination based upon a person's protected class.
Prohibited discriminatory conduct under this subdivision does
				  not include the administering of forms or the making of a notation required by
				  a federal, state or local agency for data collection or civil rights
				  enforcement purposes; or in the case of a person with a physical disability,
				  making notation, asking questions or circulating any written or oral statement
				  to the extent necessary to reasonably accommodate that person's
				  disability.
(l) Making any
				effort to coerce, intimidate, threaten or interfere with any person in the
				exercise or enjoyment of, or on account of such person's having exercised or
				enjoyed, or on account of such person's having aided or encouraged any other
				person in the exercise or enjoyment of any right granted or protected by a
				federal or state law, including but not limited to:
(1) Making any effort to coerce a person to
				move from, or not move into, a particular property or area because of that
				person's protected class;
(2)
				Making any effort to coerce, intimidate, threaten or otherwise compel a real
				estate licensee to discriminate against a person in the sale or rental of
				housing because of that person's protected class.
(3) Withholding business from, or otherwise
				punishing or penalizing, a real estate licensee for the licensee's refusal to
				discriminate against a person in the sale or rental of housing because of that
				persons protected class.
(4)
				Evicting or otherwise retaliating against a person for engaging in legally
				protected activity, including without limitation requesting accommodation for a
				disability, filing a fair housing complaint or undertaking lawful efforts to
				promote fair housing.