Cal. Code Regs. Tit. 2, § 12161 - Discrimination in Land Use Practices and Housing Programs Prohibited

(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.

(b) Subsections (a)(1) and (a)(2) include a practice that does any of the following in connection with housing opportunities or existing or proposed dwellings, if the practice intentionally discriminates or has a discriminatory effect on members of a protected class:

(1) Denies, restricts, conditions, adversely impacts, or renders infeasible the enjoyment of residence, land ownership, tenancy, or any other land use benefit related to housing opportunities;

(2) Makes housing opportunities unavailable or denies dwellings to individuals or intended occupants of dwellings;

(3) Imposes different requirements than generally imposed, or fails to enforce generally imposed requirements, in a manner that denies, restricts, conditions, adversely impacts, or renders infeasible housing opportunities or the enjoyment of residence, land ownership, tenancy, or any other land use benefit related to housing opportunities or existing or proposed dwellings;

(4) Provides inadequate, inferior, limited, or no governmental infrastructure, facilities, or services, such as water, sewer, garbage collection, code enforcement, or other municipal infrastructure or services, in connection with the enjoyment of residence, land ownership, tenancy, or any other land use benefit related to residential use or in connection with housing opportunities or existing or proposed dwellings, or otherwise makes unavailable such infrastructure, facilities or services;

(5) Denies, restricts, conditions, adversely impacts, or renders infeasible the use of privileges, services, or facilities associated with housing opportunities or existing or proposed dwellings, or otherwise makes unavailable such privileges, services or facilities;

(6) Uses, approves of, or implements restrictive covenants, including provisions in governing documents of common interest developments, that restrict sale or use of property on the basis of a protected class, or the intended occupancy of any dwelling by individuals in a protected class, regardless of whether accompanied by a statement that the restrictive covenant is repealed or void;

(7) In the adoption, operation or implementation of housing-related programs, policies, and plans, denies, restricts, adversely impacts, conditions, or renders infeasible the enjoyment of residence, land ownership, tenancy, or any other land use benefit related to residential use, or in connection with housing opportunities or existing or proposed dwellings;

(8) Refuses or fails to make reasonable accommodations in public or private land use practices or services related to the enjoyment of residence, land ownership, tenancy, or any other land use benefit related to residential use, or in connection with residential real estate or existing or proposed dwellings, including charging a fee for seeking or processing a reasonable accommodation, or using land use permitting processes for variances, conditional use permits, or other land use approvals rather than a reasonable accommodation process to respond to a request for a reasonable accommodation if the variance or conditional use process takes into consideration different criteria or uses different procedures than those required by this article for considering requests for a reasonable accommodation;

(9) Refuses or fails to make, or refuses or fails to allow to be made, reasonable modifications in a dwelling when such modifications are required by law;

(10) Results in the location of toxic, polluting, and/or hazardous land uses in a manner that denies, restricts, conditions, adversely impacts, or renders infeasible the enjoyment of residence, land ownership, tenancy, or any other land use benefit related to residential use, or in connection with housing opportunities or existing or proposed dwellings;

(11) Denies, restricts, conditions, adversely impacts, or renders infeasible the enjoyment of residence, land ownership, tenancy, or any other land use benefit related to residential use, or in connection with housing opportunities or existing or proposed dwellings or otherwise makes housing opportunities unavailable on the basis of an individual's or individuals' ability to speak, read or understand the English language. However, nothing in this section shall be interpreted to expand the obligation to provide translations of documents, notices, proceedings, contracts and agreements as set forth in Civil Code section 1632 or section 1632.5; the Dymally-Alatorre Bilingual Services Act, Government Code sections 7290 et seq.; Water Code section 116450; or similar statutory provisions requiring translations or interpretations; nor shall anything in this section be interpreted to reduce obligations under the Act or other laws to provide American Sign Language or similar language or communication services to people with disabilities; or

(12) Creates, increases, reinforces, or perpetuates segregated housing patterns, independently of the extent to which it produces a disparate effect on protected classes.

(c) Where a public or private land use practice reflects acquiescence to the bias, prejudices or stereotypes of the public, members of the public, or organizational members, intentional discrimination may be shown even if officials or decision-makers themselves do not hold such bias, prejudice or stereotypes. This is a case-specific analysis.

(d) Application or implementation of a facially neutral practice violates the law if done in a manner that intentionally discriminates on the basis of membership in a protected class, or in a manner that has a discriminatory effect based on membership in a protected class in violation of section 12060 unless there is a legally sufficient justification for the manner in which the practice is applied or implemented.

Notes

Cal. Code Regs. Tit. 2, § 12161

Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12926, 12927, 12955, 12955.6, 12955.8, 12956.1 and 12956.2, Government Code.

1. New article 15 (sections 12161-12162 ) and section filed 9-16-2019; operative 1/1/2020 (Register 2019, No. 38).