Are landlords allowed to refuse to rent to people based on their gender identity under Fair Housing Law?
Under Fair Housing Law, landlords in California are not allowed to refuse to rent to people based on their gender identity. As a member of the California Department of Justice states, “The Unruh Civil Rights Act and the California Fair Employment and Housing Act (FEHA) make it unlawful for landlords to discriminate against tenants or prospective tenants based on any protected characteristic, including gender identity.” This means that a landlord cannot deny someone a rental unit, refuse to renew a lease, or impose a different set of rules or conditions based on someone’s gender identity. Additionally, landlords cannot advertise or take any other action that would indicate a preference, limitation, or discrimination based on gender identity. While this law is fairly clear, there have been some court cases addressing issues related to gender identity and housing discrimination. In one case, a transgender renter was denied an apartment based on their gender identity. In this instance, the court ruled that the landlord had violated the renter’s rights and was liable for damages. This case serves as an important reminder that it is illegal to discriminate against people based on gender identity when it comes to housing in California.
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