Sunday, July 23, 2006

California Housing Law - Citizenship Checks Not Listed As Discrimination

According to an article by the San Francisco Apartment Association, illegal aliens are not protected class under California Housing Law. The article has some brief comments about the differences between the Federal law and California law.
http://www.sfaa.org/magazine/archives/06/apr/0604.snitow.html

California law has an additional prohibition against discrimination based on "ancestry". In California, it should not matter who are your parents or grandparents. The article gives the example of Osama Bin Laden's granddaughter. She cannot be denied housing based on that fact.

Otherwise, the California law seems similar to the US law:
Govt. Code
12921. (a) The opportunity to seek, obtain and hold employment
without discrimination because of race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, or sexual orientation is
hereby recognized as and declared to be a civil right.
(b) The opportunity to seek, obtain, and hold housing without
discrimination because of race, color, religion, sex, sexual
orientation, marital status, national origin, ancestry, familial
status, disability, or any other basis prohibited by Section 51 of
the Civil Code is hereby recognized as and declared to be a civil
right.
Govt Code
12955. It shall be unlawful:
(a) For the owner of any housing accommodation to discriminate
against or harass any person because of the race, color, religion,
sex, sexual orientation, marital status, national origin, ancestry,
familial status, source of income, or disability of that person.

http://www.leginfo.ca.gov/calaw.html

Although California law has more prohibitions, discrimination based on citizenship is not one of the added prohibitions. Also, note that the employment provision has similar discrimination prohibitions.

Some have asserted that discrimination based on Citizenship is covered by the Unruh Civil Rights Action Section 51 (CA Civil Code 51).

I reproduce that section here:
51. (a) This section shall be known, and may be cited, as the Unruh
Civil Rights Act.
(b) All persons within the jurisdiction of this state are free and
equal, and no matter what their sex, race, color, religion,
ancestry, national origin, disability, medical condition, marital
status, or sexual orientation are entitled to the full and equal
accommodations, advantages, facilities, privileges, or services in
all business establishments of every kind whatsoever.

Again, the prohibition is for discrimination based on ancestry and national origin. No mention of discrimination based on citizenship.

In conclusion, California law is more stringent, but citizenship is not a prohibited class.

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