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LEASE LISTING AGREEMENT

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LEASE LISTING AGREEMENT
EXCLUSIVE AUTHORIZATION TO LEASE OR RENT
(C.A.R. Form LL, Revised 6/18)
Date Prepared:
1. EXCLUSIVE RIGHT TO LEASE:
(“Owner”)
hereby employs and grants (“Broker”)
beginning (date) and ending at 11:59 P.M. on (date) (“Listing Period”)
the exclusive and irrevocable right to lease or rent the real property in the City of ,
County of , California, described as
(“Premises”).
2. LISTING TERMS:
A. RENT AMOUNT:
Dollars $ per
B. SECURITY DEPOSIT:
C. TYPE OF TENANCY: (Check all that apply):
Month-to-month; One year Other
D. ITEMS INCLUDED IN LEASE/RENTAL: All fixtures and fittings attached to the Premises and the following items of personal
property:
E. ITEMS EXCLUDED FROM LEASE/RENTAL:
Garage/Carport;
F. ADDITIONAL TERMS:
3. COMPENSATION:
Notice: The amount or rate of real estate commissions is not fixed by law. They are set by each Broker individually and
may be negotiable between Owner and Broker (real estate commissions include all compensation and fees to Broker).
A.
Owner agrees to pay to Broker as compensation for services, irrespective of agency relationship(s), as specified below:
(1) For fixed-term leases:
(a) Either (i)
percent of the total rent for the term specified in paragraph 2 (or if a fixed term lease is
executed, of the total rent payments due under the lease); or (ii)
;
(b)
Owner agrees to pay Broker additional compensation of ,
if a fixed term lease is executed and is extended or renewed. Payment is due upon such extension or renewal.
(2) For month-to-month rental: Either (i)
percent of
; or (ii)
.
(3) For either a fixed term or month-to-month:
(a)
If during the Listing Period, or any extension, Broker, cooperating broker, Owner or any other person procures a ready,
willing, and able Tenant(s) whose offer to lease/rent the Premises on any price and terms is accepted by Owner,
provided the Tenant takes possession of the Premises under the terms of the lease or rental or is prevented from doing
so by Owner. (Broker is entitled to compensation whether any tenancy resulting from such offer begins during or after the
expiration of the Listing Period, or any extension.)
(b)
If Owner, within
calendar days after the end of the Listing Period or any extension thereof, enters into a contract to
transfer, lease or rent the Premises to anyone (“Prospective Transferee”) or that person's related entity: (i) who physically
entered and was shown the Premises during the Listing Period or any extension thereof by Broker or a cooperating broker; or (ii)
for whom Broker or any cooperating broker submitted to Owner a signed, written offer to lease or rent the Premises. Owner,
however, shall have no obligation to Broker under this subparagraph 3A(3)(b) unless, not later than the end of the Listing Period
or any extension or cancellation, Broker has given Owner a written notice of the names of such Prospective Transferees.
(c)
If, without Broker's prior written consent, the Premises are withdrawn from lease/rental, are leased, rented, or otherwise
transferred, or made unmarketable by a voluntary act of Owner during the Listing Period, or any extension.
B.
If commencement of the lease or rental is prevented by a party to the transaction other than Owner, then compensation which
otherwise would have been earned under paragraph 3A shall be payable only if and when Owner collects damages by suit,
arbitration, settlement or otherwise, and then in an amount equal to the lesser of one-half of the damages recovered or the
above compensation, after first deducting title and escrow expenses and the expenses of collection, if any.
C.
In addition, Owner agrees to pay:
D.
Broker may retain compensation due from any Tenant payments collected by Broker.
E.
Owner agrees to pay Broker if Tenant directly or indirectly acquires, or enters into an agreement to acquire title to Premises or
any part thereof, whether by sale, exchange or otherwise, during the term or any extension of tenancy, compensation equal to
percent of the selling price or total consideration in said transfer, whichever is greater. Payment is due upon Tenant's
direct or indirect acquisition of any legal or equitable interest in the Premises and, if there is an escrow, shall be through escrow.
F.
Owner has been advised of Broker's policy regarding cooperation with, and the amount of compensation offered to, other brokers.
(1)
Broker is authorized to cooperate with and compensate brokers participating through the multiple listing service(s)(“MLS”)
by offering to MLS brokers out of Broker's compensation specified in 3A, either percent of that
compensation, or $ .
(2)
Broker is authorized to cooperate with and compensate brokers operating outside the MLS as per Broker's policy.
G. (1)
Owner warrants that Owner has no obligation to pay compensation to any other broker regarding the lease or rental of
Premises unless the Premises are leased or rented to:
© 2018, California Association of REALTORS®, Inc. Owner's Initials ( ) ( )
LL REVISED 6/18 (PAGE 1 OF 4)
LEASE LISTING AGREEMENT (LL PAGE 1 OF 4)
Phone: Fax:
Produced with Lone Wolf Transactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T 1J5 www.lwolf.com
March 17, 2021
John J Chang, Woo Y Chang
Keller Williams World Media Center
March 22, 2021 June 21, 2021
Los Angeles
Los Angeles 3801 Eagle Rock Blvd Unit 5, Los Angeles,
CA 90065-3677
Three Thousand, Nine Hundred Fifty 3,950.00 month
$3,950.00
X
No pet is allowed.
X
6.000
X
2.500
Keller Williams World Media Center, 111 N. First St., Ste. 300 Burbank CA 91502 3238190706 3801 Eagle Rock
Kate Shin
VEC
JJC
WYC
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(2) If Premises are leased or rented to anyone listed in 3G(1) during the time Owner is obligated to compensate another broker:
(i) Broker is not entitled to compensation under this Agreement; and (ii) Broker is not obligated to represent Owner with
respect to such transaction.
4. TENANT PAYMENTS: A. Broker is authorized to accept and hold from a prospective Tenant, a deposit to be
held uncashed or
placed in Broker's trust account. Upon execution of a fixed term or month-to-month lease, payments received from Tenant shall be
given to Owner or
B. If Landlord permits Tenant to pay rent by direct deposit such as wire or electronic transfer or other online method, Landlord should
discuss with a Landlord-Tenant attorney the implications of doing so in the event Tenant defaults and an eviction becomes necessary.
5. KEYSAFE/LOCKBOX:
(If checked) Owner authorizes the use of a keysafe/lockbox to allow entry into the Premises and agrees
to sign a keysafe/lockbox addendum (C.A.R. Form KLA).
6. SIGN: (If checked)
Owner authorizes Broker to install a FOR LEASE sign on the Premises.
7. MULTIPLE LISTING SERVICE: Information about this listing will (or
will not) be provided to a multiple listing service(s) (“MLS”) of
Broker's selection. If not, then MLS rules may require an exclusion form, such as C.A.R Form SELM, be submitted to the MLS. All
terms of the transaction will be provided to the selected MLS for publication, dissemination and use by persons and entities on terms
approved by the MLS. Owner authorizes Broker to comply with all applicable MLS rules. MLS rules allow MLS data to be made
available by the MLS to additional Internet sites unless Broker gives the MLS instructions to the contrary.
8. SECURITY AND INSURANCE: Broker is not responsible for loss of or damage to personal or real property, or person, whether
attributable to use of a keysafe/lockbox, a showing of the Premises, or otherwise. Third parties, including, but not limited to,
inspectors, brokers and prospective tenants, may have access to, and take videos and photographs of, the interior of the Premises.
Owner agrees: (i) to take reasonable precautions to safeguard and protect valuables that might be accessible during showings of
the Premises; and (ii) to obtain insurance to protect against these risks. Broker does not maintain insurance to protect Owner.
9. OWNERSHIP, TITLE AND AUTHORITY: Owner warrants that: (i) Owner is the legal owner of the Premises; (ii) no other persons
or entities have title to the Premises; and (iii) Owner has the authority to both execute this Agreement and lease or rent the
Premises. Exceptions to ownership, title and authority: .
10. OWNER DISCLOSURES:
A. LEAD-BASED PAINT:
(1)
The Property was constructed on or after January 1, 1978.
OR(2)
The Property was constructed prior to 1978.
(i)
Owner has no knowledge of lead-based paint or lead-based paint hazards in the housing except:
(ii)
Owner has no reports or records pertaining to lead-based paint or lead-based paint hazards in the housing, except the
following, which Owner shall provide to Property Manager:
B. POOL/SPA DRAIN: Any pool or spa on the property does (or,
does not) have an approved anti-entrapment drain cover,
device or system.
C. MOLD: The Property was treated on
(month) (year) for elevated levels of mold which was previously
detected in the following location(s): .
Owner has no reports or records pertaining to elevated levels of mold in the Property, except: .
Owner has no knowledge of elevated levels of mold currently in the Property, except:
D. ASBESTOS: Asbestos was removed from the Property on
(month) (year) in the following location(s):
.
Owner has no reports or records pertaining to asbestos in the Property, except: .
Owner has no knowledge of asbestos currently in the Property, except:
.
E. PEST CONTROL: Owner has entered into a contract for periodic pest control treatment of the Property. Owner, within 3 days,
will provide Property Manager a copy of the notice originally given to owner by the pest control company.
F. METH CONTAMINATION: Owner has received an order from a health official prohibiting occupancy of any part of the
Property because of methamphetamine contamination. Owner, within 3 days, will provide Broker a copy of the order.
Contamination specified in the order has or has not been remedied.
G. BED BUG DISCLOSURE: Owner acknowledges that beginning July 1, 2017, for new tenants and by January 1, 2018, all
tenants must be provided a notice regarding bed bugs (C.A.R. Form BBD). Owner further acknowledges that it is unlawful to
show, rent, or lease a property if there is a known current bed bug infestation. Owner knows of a current infestation.
H. WATER SUBMETERS: The Property contains two or more units served by a single water meter and Owner has installed a
submeter to measure and charge each individual unit for water usage. Effective January 1, 2018, Owner agrees to comply with
Civil Code §1954.201 through 1954-219 and to provide the required Water Submeter Notice (C.A.R. Form WSM).
I. CARBON MONOXIDE DETECTORS: The Premises has a fossil fuel burning heater, appliance, or an attached garage.
Owner has has not installed carbon monoxide detector devices in accordance with legal requirements.
J. SMOKE ALARMS: Owner has
has not installed smoke alarm(s) in each bedroom, in the hallway outside of each bedroom
and on each floor whether or not a bedroom is located on the floor in compliance with legal requirements.
K. WATER CONSERVING PLUMBING FIXTURES:
(1)
The Premises was built on or after January 1, 1994.
OR
(2)
The Premises was built prior to January 1, 1994. The Owner has has not installed water conserving plumbing fixtures
(toilets, shower heads, interior faucets, urinals) as per Civil Code section 1101.1 et seq. effective as of 1/1/2017 for single
family residential properties and 1/1/2019 for multifamily residential properties.
L. WATER HEATERS: Water heater has
has not been braced, anchored or strapped to resist falling or horizontal displacement
due to earthquake motion.
Owner's Initials ( ) ( )
LL REVISED 6/18 (PAGE 2 OF 4)
LEASE LISTING AGREEMENT (LL PAGE 2 OF 4)
Produced with Lone Wolf Transactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T 1J5 www.lwolf.com
X
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3801 Eagle Rock
VEC
JJC
WYC
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11. OWNER REPRESENTATIONS: Owner represents that, unless otherwise specified in writing, Owner is unaware of: (i) any recorded
Notice of Default affecting the Premises; (ii) any delinquent amounts due under any loan secured by, or other obligation affecting, the
Premises; (iii) any bankruptcy, insolvency or similar proceeding affecting the Premises; (iv) any litigation, arbitration, administrative
action, government investigation, or other pending or threatened action that does or may affect the Premises or Owner's ability to lease,
rent or transfer it; and (v) any current, pending or proposed special assessments affecting the Premises. Owner shall promptly notify
Broker in writing if Owner becomes aware of any of these items during the Listing Period or any extension thereof.
12. TAX WITHHOLDING:
A.
If Owner is not a California Resident or a corporation or LLC qualified to conduct business in California, Owner authorizes
Broker to withhold and transmit to California Franchise Tax Board (“FTB”) 7% of the GROSS payments to Owner that exceed
$1,500 received by Broker, unless Owner completes and transmits to Broker FTB form 589, nonresident reduced withholding
request, FTB form 588, nonresident withholding waiver, or FTB form 590, withholding exemption certificate.
B.
If Owner is a nonresident alien individual, a foreign entity, or other non-U.S. person, (Foreign Investor) Owner authorizes Broker
to withhold and transmit to the Internal Revenue Service (IRS) 30% of the GROSS rental receipts unless Owner elects to treat
rental income as “effectively connected income” by submitting to Broker a fully completed IRS form W-8ECI, Certificate of
Foreign Person's Claim for Exemption from Withholding on Income Connected With the Conduct of a Trade of Business in the
United States. A Foreign Investor Owner will need to obtain a U.S. tax payer identification number and file declaration with the
IRS regarding effectively connected income in order to complete the form given to Broker. Further, the Foreign Investor Owner
will be responsible for making any necessary estimated tax payments.
13. BROKER'S AND OWNER'S DUTIES: Broker agrees to exercise reasonable effort and due diligence to achieve the purposes of this
Agreement. Unless Owner gives Broker written instructions to the contrary, Broker is authorized to advertise and market the
Premises in any medium, selected by Broker including MLS and the Internet and, to the extent permitted by these media, including
MLS, control the dissemination of the information submitted to any medium. Owner agrees to consider offers presented by Broker
and to act in good faith to accomplish the lease or rental of the Premises by, among other things, making the Premises available for
showing at reasonable times and referring to Broker all inquiries of any party interested in the Premises subject to 3G. Owner is
responsible for determining at what price and terms to list and lease or rent the Premises. Owner further agrees to indemnify,
defend and hold Broker harmless from all claims, disputes, litigation, judgments, attorney fees and costs arising from any incorrect
or incomplete information supplied by Owner, or from any material facts that Owner knows but fails to disclose including dangerous
or hidden conditions on the Premises.
14. AGENCY RELATIONSHIPS:
A. Disclosure: If the listing is for a tenancy in excess of one year or compensation is owed to Broker under paragraph 3E, Owner
acknowledges receipt of the “Disclosure Regarding Real Estate Agency Relationship” form (C.A.R. Form AD).
B. Owner Representation: Broker shall represent Owner in any resulting transaction, except as specified in paragraph 3G.
C. Possible Dual Agency With Tenant: Depending upon the circumstances, it may be necessary or appropriate for Broker to act
as an agent for both Owner and Tenant. Broker shall, as soon as practicable, disclose to Owner any election to act as a dual
agent representing both Owner and Tenant. If a Tenant is procured directly by Broker or an associate licensee in Broker's firm,
Owner hereby consents to Broker acting as a dual agent for Owner and such Tenant.
D. Other Owners: Owner understands that Broker may have or obtain listings on other properties and that potential tenants may
consider, make offers on, or lease or rent through Broker, premises the same as or similar to Owner's Premises. Owner consents to
Broker's representation of owners and tenants of other properties before, during and after the end of this Agreement.
E. Confirmation: If the Premises includes residential property with one to four dwelling units, and the agreed-upon lease is for a
tenancy in excess of one year, Broker shall confirm the agency relationship described above, or as modified, in writing, prior to
or coincident with Owner's and Tenant's execution of such lease.
15. EQUAL HOUSING OPPORTUNITY: The Premises is offered in compliance with federal, state and local anti-discrimination laws.
16. ATTORNEY'S FEES: In any action, proceeding or arbitration between Owner and Broker to enforce the compensation provisions of
this Agreement, the prevailing Owner or Broker shall be entitled to reasonable attorney's fees and costs from the non-prevailing
Owner or Broker, except as provided in paragraph 20A.
17. ADDITIONAL TERMS:
18. MANAGEMENT APPROVAL: If a salesperson or broker-associate enters this Agreement on Broker's behalf, and Broker/Manager does
not approve of its terms, Broker/Manager has the right to cancel this Agreement, in writing, within 5 calendar Days After its execution.
19. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon Owner and Owner's successors and assigns.
20. DISPUTE RESOLUTION:
A. MEDIATION: Owner and Broker agree to mediate any dispute or claim arising between them regarding the obligation to pay
compensation under this Agreement, before resorting to arbitration or court action. Mediation fees, if any, shall be divided
equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party (i) commences an
action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to
mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would
otherwise be available to that party in any such action. Exclusions from this mediation agreement are specified in
paragraph 20B.
B. ADDITIONAL MEDIATION TERMS: The following matters shall be excluded from mediation: (i) a judicial or non-judicial
foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as
Owner's Initials ( ) ( )
LL REVISED 6/18 (PAGE 3 OF 4)
LEASE LISTING AGREEMENT (LL PAGE 3 OF 4)
Produced with Lone Wolf Transactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T 1J5 www.lwolf.com
3801 Eagle Rock
VEC
JJC
WYC
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defined in Civil Code §2985; (ii) an unlawful detainer action; (iii) the filing or enforcement of a mechanic's lien; and (iv)
any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to
enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other
provisional remedies, shall not constitute a waiver or violation of the mediation provisions.
C. ADVISORY: If Owner and Broker desire to resolve disputes arising between them through arbitration rather than court, they can
document their agreement by attaching and signing an Arbitration Agreement (C.A.R. Form ARB).
21. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the parties are
incorporated in this Agreement. Its terms are intended by the parties as a final, complete and exclusive expression of their Agreement
with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral
agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given
full force and effect. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed except
in writing. This Agreement and any supplement, addendum or modification, including any copy, may be signed in two or more
counterparts, all of which shall constitute one and the same writing.
REPRESENTATIVE CAPACITY: This Lease Listing Agreement is being signed for Owner by an individual acting in a Representative
Capacity as specified in the attached Representative Capacity Signature Disclosure (C.A.R. Form RCSD-LL). Wherever the signature or
initials of the representative identified in the RCSD appear on this Agreement or any related documents, it shall be deemed to be in a
representative capacity for the entity described and not in an individual capacity, unless otherwise indicated. Owner (i) represents that the
entity for which the individual is signing already exists and (ii) shall Deliver to Broker, within 3 Days After Execution of this Agreement,
evidence of authority to act (such as but not limited to: applicable trust document, or portion thereof, letters testamentary, court order,
power of attorney, corporate resolution, or formation documents of the business entity).
By signing below, Owner acknowledges that Owner has read, understands, received a copy of and agrees to the
terms of this Agreement.
Owner Date
Address City State Zip
Telephone Fax E-mail
Owner Date
Address City State Zip
Telephone Fax E-mail
Owner Date
Address City State Zip
Telephone Fax E-mail
Owner Date
Address City State Zip
Telephone Fax E-mail
Additional Signature Addendum attached (C.A.R. Form ASA)
Real Estate Broker (Firm) DRE Lic. #
Address City State Zip
By _____________________________ Tel. E-mail DRE Lic.# Date __________
By _____________________________ Tel. E-mail DRE Lic.# Date __________
© 2018 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
LL REVISED 6/18 (PAGE 4 OF 4)
LEASE LISTING AGREEMENT (LL PAGE 4 OF 4)
Produced with Lone Wolf Transactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T 1J5 www.lwolf.com
John J Chang
emailsforjohnny@gmail.com
Woo Y Chang
conroysf27@gmail.com
Vivian E Chang
conroysf27@yahoo.com
Keller Williams World Media Center 01521876
111 N First St Ste 300 Burbank CA 91502-1860
(323)819-0706
KateShin@kw.com 02036307
Kate Shin
(818)601-6893 juneleecalifornia@gmail.co
01196171
June Lee
3801 Eagle Rock
June Lee
03/17/2021
09:47 PM PDT
Kate Shin
03/18/2021
08:52 AM PDT
Vivian E Chang
03/18/2021
02:23 PM PDT
Woo Y Chang
03/18/2021
02:30 PM PDT
John J Chang
03/18/2021
09:22 PM PDT
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FAIR HOUSING & DISCRIMINATION ADVISORY
(C.A.R. Form FHDA, 10/20)
1. EQUAL ACCESS TO HOUSING FOR ALL: All housing in California is available to all persons. Discrimination as noted below is
prohibited by law. Resources are available for those who have experienced unequal treatment under the law.
2. FEDERAL AND STATE LAWS PROHIBIT DISCRIMINATION AGAINST IDENTIFIED PROTECTED CLASSES:
A.
FEDERAL FAIR HOUSING ACT (“FHA”) Title VIII of the Civil Rights Act; 42 U.S.C. §§ 3601-3619; Prohibits discrimination in
sales, rental or financing of residential housing against persons in protected classes;
B.
CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT (“FEHA”) California Government Code (“GC”) §§12900-
12996,12955; 2 California Code of Regulations (“CCR”) §§12005-12271; Prohibits discrimination in sales, rental or financing of
housing opportunity against persons in protected classes by providers of housing accommodation and financial assistance
services as related to housing;
C.
CALIFORNIA UNRUH CIVIL RIGHTS ACT (“Unruh”) California Civil Code (“CC”) §51; Prohibits business establishments from
discriminating against, and requires full and equal accommodation, advantages, facilities, privileges, and services to persons
in protected classes;
D.
AMERICANS WITH DISABILITIES ACT (“ADA”) 42 U.S.C. §§12181-12189; Title III of the ADA prohibits discrimination based
on disability in public accommodations; and
E.
OTHER FAIR HOUSING LAWS: Section 504 of Rehabilitation Act of 1973 29 U.S.C. §794; Ralph Civil Rights Act CC §51.7.;
California Disabled Persons Act; CC §§54-55.32; any local city or county fair housing ordinances, as applicable.
3. POTENTIAL LEGAL REMEDIES FOR UNLAWFUL DISCRIMINATION: Violations of fair housing laws may result in
monetary civil fines, injunctive relief, compensatory and/or punitive damages, and attorney fees and costs.
4. PROTECTED CLASSES/CHARACTERISTICS: Whether specified in Federal or State law or both, discrimination against persons
if based on that person's belonging to, association with, or perceived membership to, any of the following classes or categories is
prohibited.
Race Color Ancestry National Origin Religion
Sex Sexual Orientation Gender Gender Identity Gender Expression
Marital Status
Familial Status (family with a
child or children under 18)
Source of Income (e.g.,
Section 8 Voucher)
Disability (Mental &
Physical)
Medical Condition
Citizenship Primary Language Immigration Status Military/Veteran Status Age
Criminal History (non-relevant convictions) Any arbitrary characteristic
5. THE CALIFORNIA DEPARTMENT OF REAL ESTATE REQUIRES TRAINING AND SUPERVISION TO PREVENT HOUSING
DISCRIMINATION BY REAL ESTATE LICENSEES:
A.
California Business & Professions Code (“B&PC”) §10170.5(a)(4) requires 3 hours of training on fair housing for DRE license
renewal; Real Estate Regulation §2725(f) requires brokers who oversee salespersons to be familiar with the requirements of
federal and state laws relating to the prohibition of discrimination.
B.
Violation of DRE regulations or real estate laws against housing discrimination by a real estate licensee may result in the loss
or suspension of the licensee's real estate license. B&PC §10177(l)(1); 10 CCR §2780
6. REALTOR® ORGANIZATIONS PROHIBIT DISCRIMINATION: NAR Code of Ethics Article 10 prohibits discrimination in
employment practices or in rendering real estate license services against any person because of race, color, religion, sex,
handicap, familial status, national origin, sexual orientation, or gender identity by REALTORS®.
7. WHO IS REQUIRED TO COMPLY WITH FAIR HOUSING LAWS?
Below is a non-exclusive list of providers of housing accommodations or financial assistance services as related to housing who
are most likely to be encountered in a housing transaction and who must comply with fair housing laws.
● Sellers ● Landlords ● Sublessors
● Real estate licensees ● Real estate brokerage firms ● Property managers
● Mobilehome parks ● Homeowners Associations (“HOAs”); ● Banks and Mortgage lenders
● Insurance companies ● Government housing services
8. EXAMPLES OF CONDUCT THAT MAY NOT BE MOTIVATED BY DISCRIMINATORY INTENT BUT COULD HAVE A
DISCRIMINATORY EFFECT:
A.
Prior to acceptance of an offer, asking for or offering buyer personal information or letters from the buyer, especially with photos.
Those types of documents may inadvertently reveal, or be perceived as revealing, protected status information thereby increasing
the risk of (i) actual or unconscious bias, and (ii) potential legal claims against sellers and others by prospective buyers whose
offers were rejected.
B. Refusing to rent (i) an upper level unit to an elderly tenant out of concern for the tenant's ability to navigate stairs or (ii) a house
with a pool to a person with young children out of concern for the children's safety.
9. EXAMPLES OF UNLAWFUL OR IMPROPER CONDUCT BASED ON A PROTECTED CLASS OR CHARACTERISTIC:
A.
Refusing to negotiate for a sale, rental or financing or otherwise make a housing opportunity unavailable; failing to present offers
due to a person's protected status;
B.
Refusing or failing to show, rent, sell or finance housing; “channeling” or “steering” a prospective buyer or tenant to or away from a
particular area due to that person's protected status or because of the racial, religious or ethnic composition of the neighborhood;
C.
“Blockbusting” or causing “panic selling” by inducing a listing, sale or rental based on the grounds of loss of value of property,
increase in crime, or decline in school quality due to the entry or prospective entry of people in protected categories into the
neighborhood;
D.
Making any statement or advertisement that indicates any preference, limitation, or discrimination;
© 2020, California Association of REALTORS®, Inc.
FHDA 10/20 (PAGE 1 OF 2)
FAIR HOUSING & DISCRIMINATION ADVISORY (FHDA PAGE 1 OF 2)
Phone: Fax:
Produced with Lone Wolf Transactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T 1J5 www.lwolf.com
Keller Williams World Media Center, 111 N. First St., Ste. 300 Burbank CA 91502 3238190706 3801 Eagle Rock
Kate Shin
E.
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);
F.
Using criminal history information before otherwise affirming eligibility, and without a legally sufficient justification;
G.
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
responsibility);
H.
Denying a home loan or homeowner's insurance;
I.
Offering inferior terms, conditions, privileges, facilities or services;
J.
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;
K.
Harassing a person;
L.
Taking an adverse action based on protected characteristics;
M.
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);
N.
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):
(i)
Failing to allow that person to keep the service animal or emotional support animal in rental property,
(ii)
Charging that person higher rent or increased security deposit, or
(iii)
Failing to show rental or sale property to that person who is accompanied by the service animal or support animal, and;
O.
Retaliating for asserting rights under fair housing laws.
10. EXAMPLES OF POSITIVE PRACTICES:
A.
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.
B.
Real estate licensees should provide complete and objective information to all clients based on the client's selection criteria.
C.
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.
D.
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”).
E.
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/
C.
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.
F.
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.
A.
Legally compliant senior housing is exempt from FHA, FEHA and Unruh as related to age or familial status only;
B.
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;
D.
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
E.
Both FHA and FEHA do not apply to roommate situations. See, Fair Housing Council v Roommate.com LLC, 666 F.3d 1216 (2019).
F.
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.
Buyer/Tenant Date
Buyer/Tenant Date
Seller/Landlord Date
Seller/Landlord Date
© 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
Woo Y Chang
03/18/2021
02:30 PM PDT
Vivian E Chang
03/18/2021
02:23 PM PDT
John J Chang
03/18/2021
09:22 PM PDT
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