SB 222

Bill Subjects

Abstract

Existing law declares that housing discrimination on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information is against public policy. This bill would state findings and declarations of the Legislature regarding the importance of housing for veterans and its priority, and declare that housing discrimination on the basis of veteran or military status is against public policy. Existing law provides that the opportunity to seek, obtain, and hold housing without discrimination because of specified characteristics is a civil right. This bill would provide that the opportunity to seek, obtain, and hold housing without discrimination because of veteran or military status is a civil right. Existing law defines specified terms, including the term "source of income," in connection with provisions that prohibit discrimination in housing accommodations. Existing law specifies that for the purposes of this definition, a landlord is not considered a representative of a tenant. This bill would specify that a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher is a source of income. The bill would also specify that for the purposes of this definition, a housing owner is not considered a representative of a tenant. Existing law authorizes the Department of Fair Employment and Housing to issue publications and results of investigations and research that, in its judgment, promote goodwill and minimize or eliminate discrimination in employment and discrimination in housing because of specified characteristics. This bill would include veteran or military status among the characteristics that apply to the authorization described above. Existing law authorizes the Department of Fair Employment and Housing, upon the request of certain parties, to provide assistance to communities and persons in resolving disputes, disagreements, or difficulties relating to discriminatory practices based upon specified characteristics. This bill would authorize the department also to provide this assistance if the dispute, disagreement, or difficulty relates to discriminatory practices based upon veteran or military status. Existing law prohibits the owner of any housing accommodation, or any person, bank, mortgage company, or other financial institution that provides financial assistance for the purchase, organization, or construction of any housing accommodation, among other persons and entities from, among other things, discriminating against any person because of particular characteristics of that person, including race and gender, as specified. This bill would prohibit the persons and entities described above from discriminating against any person because of the veteran or military status of that person. The bill would also make other conforming changes. Existing law requires a county recorder who provides a copy of a declaration, governing document, or deed to any person to place a cover page or stamp on the first page of the previously recorded document stating that if the document contains any restriction based on certain characteristics, that the restriction violates state and federal fair housing laws and is void, and may be removed. This bill would require the specified language in the cover page or stamp to include the characteristic of veteran or military status. By requiring the county recorder to change the cover page or stamp, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would incorporate additional changes to Section 12927 of the Government Code proposed by AB 1497 and SB 329 to be operative only if either or both of those bills are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 12930 of the Government Code proposed by AB 1820 to be operative only if this bill and AB 1820 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 12955 of the Government Code proposed by SB 329 to be operative only if this bill and SB 329 are enacted and this bill is enacted last.