Inquiring about protected characteristics (such as asking tenant applicants if they are married, or prospective purchasers if
they have children or are planning to start a family);
Using criminal history information before otherwise affirming eligibility, and without a legally sufficient justification;
Failing to assess financial standards based on the portion of the income responsible by a tenant who receives government subsidies
(such as basing an otherwise neutral rent to income ratio on the whole rent rather than just the part of rent that is the tenant's
Denying a home loan or homeowner's insurance;
Offering inferior terms, conditions, privileges, facilities or services;
Using different qualification criteria or procedures for sale or rental of housing such as income standards, application
requirements, application fees, credit analyses, sale or rental approval procedures or other requirements;
Harassing a person;
Taking an adverse action based on protected characteristics;
Refusing to permit a reasonable modification to the premises, as requested by a person with a disability (such as refusing to
allow a wheel chair bound tenant to install, at their expense, a ramp over front or rear steps, or refusing to allow a physically
disabled tenant from installing, at their own expense, grab bars in a shower or bathtub);
Refusing to make reasonable accommodation in policies, rules, practices, or services for a person with a disability (such as the
following, if an actual or prospective tenant with a disability has a service animal or support animal):
Failing to allow that person to keep the service animal or emotional support animal in rental property,
Charging that person higher rent or increased security deposit, or
Failing to show rental or sale property to that person who is accompanied by the service animal or support animal, and;
Retaliating for asserting rights under fair housing laws.
10. EXAMPLES OF POSITIVE PRACTICES:
Real estate licensees working with buyers or tenants should apply the same objective property selection criteria, such as
location/neighborhood, property features, and price range and other considerations, to all prospects.
Real estate licensees should provide complete and objective information to all clients based on the client's selection criteria.
Real estate licensees should provide the same professional courtesy in responding to inquiries, sharing of information and
offers of assistance to all clients and prospects.
Housing providers should not make any statement or advertisement that directly or indirectly implies preference, limitation, or
discrimination regarding any protected characteristic (such as “no children” or “English-speakers only”).
Housing providers should use a selection process relying on objective information about a prospective buyer's offer or tenant's
application and not seek any information that may disclose any protected characteristics (such as using a summary document,
e.g. C.A.R. Form SUM-MO, to compare multiple offers on objective terms).
11. FAIR HOUSING RESOURCES: If you have questions about your obligations or rights under the Fair Housing laws, or you think
you have been discriminated against, you may want to contact one or more of the sources listed below to discuss what you can do
about it, and whether the resource is able to assist you.
A. Federal: https://www.hud.gov/program_offices/fair_housing_equal_opp
B. State: https://www.dfeh.ca.gov/housing/
Local: local Fair Housing Council office (non-profit, free service)
D. DRE: https://www.dre.ca.gov/Consumers/FileComplaint.html
E. Local Association of REALTORS®. List available at: https://www.car.org/en/contactus/rosters/localassociationroster.
Any qualified California fair housing attorney, or if applicable, landlord-tenant attorney.
12. LIMITED EXCEPTIONS TO FAIR HOUSING REQUIREMENTS: No person should rely on any exception below without first
seeking legal advice about whether the exception applies to their situation. Real estate licensees are not qualified to
provide advice on the application of these exceptions.
Legally compliant senior housing is exempt from FHA, FEHA and Unruh as related to age or familial status only;
An owner of a single-family residence who resides at the property with one lodger may be exempt from FEHA for rental
purposes, PROVIDED no real estate licensee is involved in the rental;
C. An owner of a single-family residence may be exempt from FHA for sale or rental purposes, PROVIDED (i) no real estate
licensee is involved in the sale or rental and (ii) no discriminatory advertising is used, and (iii) the owner owns no more than
three single-family residences. Other restrictions apply;
An owner of residential property with one to four units who resides at the property, may be exempt from FHA for rental
purposes, PROVIDED no real estate licensee is involved in the rental; and
Both FHA and FEHA do not apply to roommate situations. See, Fair Housing Council v Roommate.com LLC, 666 F.3d 1216 (2019).
Since both the 14th Amendment of the U.S. Constitution and the Civil Rights Act of 1866 prohibit discrimination based on race;
the FHA and FEHA exemptions do not extend to discrimination based on race.
Buyer/Tenant and Seller/Landlord have read, understand and acknowledge receipt of a copy of this Fair Housing & Discrimination Advisory.
© 2020, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or
any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA
ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A
REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN
APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of
REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the
NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS®
525 South Virgil Avenue, Los Angeles, California 90020
FHDA 10/20 (PAGE 2 OF 2)
FAIR HOUSING & DISCRIMINATION ADVISORY (FHDA PAGE 2 OF 2)
Produced with Lone Wolf Transactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T 1J5 www.lwolf.com
John J Chang
Woo Y Chang
3801 Eagle Rock
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