Are landlords allowed to set different rental rates for different tenants in violation of Fair Housing Law?
In California, landlords are not allowed to set different rental rates for different tenants in violation of Fair Housing Law. This is because the Fair Housing Law prohibits any type of discrimination in the setting of rental rates. Landlords are required to treat all tenants equally and cannot charge a different rate for any factor protected by law, such as race, color, nationality, religion, gender, disability, marital status, sexual orientation, gender identity, source of income, medical condition, familial status, or ancestry. Landlords must also provide written notice to prospective tenants that rental rates are based on the same criteria for all applicants. The law also prohibits landlords from refusing to rent to a tenant without a good reason. In California, rent control ordinances may also apply, which limit the amount that landlords can charge for rent. Therefore, in California it is illegal for landlords to set different rental rates for different tenants as a violation of Fair Housing Law. Landlords must charge all tenants the same rate and must provide written notice of the criteria on which rental rates are based. Rent control ordinances may also apply, which may limit the amount that landlords can charge. In such cases, the landlord must comply with both the Fair Housing Law and any applicable rent control ordinances.
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