Section 12140.1 - Source of Income Discrimination in Housing Other Than Rental Housing Covered by Section section 12141It is an unlawful practice:
(a) For the owner of any housing accommodation to discriminate against or harass any person because of source of income;(b) For any person to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale of a housing accommodation that indicates any preference, limitation, or discrimination or an intention to make that preference, limitation or discrimination because of source of income;(c) For any person subject to the provisions of Section 51 of the Civil Code, as that section applies to housing accommodations, to discriminate against any person because of source of income;(d) For any person, bank, mortgage company, or other financial institution that provides financial assistance for the purchase, refinance, organization, or construction of any housing accommodation to discriminate against any person or group of persons because of source of income;(e) For any owner of housing accommodations to harass, evict, or otherwise discriminate against any person in the sale of housing accommodations when the owner's dominant purpose is retaliation against a person because of source of income;(f) For any person to aid, abet, incite, compel, or coerce the doing of any of the acts or practices declared unlawful in this section, or to attempt to do so because of source of income;(g) For any person, for profit, to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons because of source of income;(h) For any person or other organization or entity whose business involves real estate-related transactions, which includes providing insurance to housing providers, to discriminate against any person in making available a transaction, or in the terms and conditions of a transaction, because of source of income;(i) For any person or other entity whose business includes performing appraisals, as defined in subdivision (b) of Section 11302 of the Business and Professions Code, of residential real property to discriminate against any person in making available those services, or in the performance of those services, because of source of income;(j) For any person to deny a person access to, or membership or participation in, a multiple listing service, real estate brokerage organization, or other service because of source of income;(k) For any person to discriminate through public or private land use practices, decisions, and authorizations because of source of income. Discrimination includes, but is not limited to, restrictive covenants, zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law (Title 7 (commencing with Section 65000)), that make housing opportunities unavailable.(l) For any person to otherwise make unavailable or deny a dwelling based on discrimination because of source of income.Cal. Code Regs. Tit. 2, § 12140.1
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12927, 12955 and 12955.8, Government Code; and Sisemore v. Master Fin., Inc., (2007) 151 Cal.App.4th 1386.
1. New section filed 11-22-2023; operative 1/1/2024 (Register 2023, No. 47).