Are there any exemptions to Fair Housing Law?

Yes, there are certain exemptions to Fair Housing Law in California. Generally speaking, Fair Housing Law prohibits housing discrimination based on several protected characteristics like race, color, national origin, religion, sex, familial status, and disability. However, there are some instances where housing providers may be exempt from adhering to these laws. In California, some housing providers who own and operate housing with four or fewer rental units may be exempt from Fair Housing Law. For example, if a property owner who lives onsite and rents out three of their four units, they may be exempt from Fair Housing Law as long as they don’t advertise or solicit tenants. Additionally, religious organizations or other nonprofits that provide housing to members of the same religion may be exempt from Fair Housing Law, as long as they are operated on a non-commercial basis. In addition, housing providers are exempt from certain parts of the law depending on the size of their organization. For instance, the law does not prohibit small landlords from discriminating based on their own personal preferences regarding tenants. However, larger landlords who own and operate multiple properties must comply with all aspects of Fair Housing Law. Finally, most housing providers are also exempt from Fair Housing Law when it comes to refusing to rent to people with disabilities if their premises are not considered to be “readily adaptable” for disabled people. However, these housing providers must still make reasonable accommodations for disabled tenants if requested.

Related FAQs

Are landlords required to comply with state and local laws in addition to Fair Housing Law?
Are landlords allowed to refuse service based on a tenant’s sexual orientation under Fair Housing Law?
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Are there any protections for tenants who are victims of sexual harassment in accordance with Fair Housing Law?
How does Fair Housing Law apply to disabled persons?
Are landlords allowed to refuse tenants based on their race under Fair Housing Law?
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Does a landlord have to adhere to Fair Housing Law when setting rental prices?
Is a landlord required to respond to complaints about violations of Fair Housing Law?
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