Understanding Source of Income Laws in Housing: California Regulations
California laws protect tenants from discrimination based on their source of income, including rental assistance programs. Landlords in California cannot refuse tenants solely based on receiving rental assistance. Various assistance programs are considered lawful sources of income, promoting fair housing choices and reducing poverty concentrations. Legal Aid Society of San Diego plays a crucial role in educating and advocating for tenants affected by these laws.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
Source of Income Laws Fair Housing Services Legal Aid Society of San Diego, Inc. (844) 449-3500 WWW.LASSD.ORG Legal Aid Society of San Diego, Inc.
State Law Senate Bill 329/Cal. Gov. Code 12955(p)(1) Effective January 1, 2020 Landlords with rental properties in the State of California cannot discriminate based on a person s source of income. Housing assistance, including government and nonprofit rental assistance programs, is now a protected source of income under existing California discrimination laws. Legal Aid Society of San Diego, Inc.
State Law Source of Income Definition According to the new state law, Source of Income means: Lawful, verifiable income paid directly to a tenant or to a representative of a tenant, or paid to a housing owner or landlord on behalf of a tenant. o Covers nonprofit assistance o Rental assistance from any federal, state, or local subsidy (Section 8) Legal Aid Society of San Diego, Inc.
City of San Diego Ordinance The San Diego City Council adopted an ordinance to amend City of San Diego law in July 2018. San Diego Municipal Code Section 98.0801 98.0806 Effective August 1, 2019, landlords cannot decline a tenant based only on the household receiving rental assistance. Rental assistance is a protected source of income. Landlords retain the right to screen all applicants according to lawful criteria, subject to fair housing laws. Legal Aid Society of San Diego, Inc.
Protected Rental Assistance Rental assistance protected by the law as a source of income includes: Section 8 Housing Choice Voucher Rental Assistance Rental assistance from any federal, state, local, or nonprofit- administered benefit or subsidy program Financial aid from any program that provides rental assistance, homeless assistance, security deposit assistance or rapid rehousing. Legal Aid Society of San Diego, Inc.
The Need Landlords are needed to provide additional housing options for households with low income. Previously, landlords could decline to consider an applicant who received rental assistance. This limited housing available for households with low income who receive rental assistance. Legal Aid Society of San Diego, Inc.
Purpose of Changes to Law Increase the number of housing opportunities Decrease time needed for rental assistance households to find a rental unit Promote fair housing choice Reduce concentration of poverty Increase access to transportation, schools, and employment Prevent homelessness Legal Aid Society of San Diego, Inc.
Source of Income Protections Nationwide Legal Aid Society of San Diego, Inc.
Prohibited Activity Landlords with rental properties in the City of San Diego cannot take the following actions based only on a person s source of income: Refuse to enter into or renew an agreement for tenancy Interrupt or terminate any tenancy Falsely represent that a rental unit is not available for tenancy Require any clause, condition or restriction in the terms of an agreement for tenancy Restrict a tenant s access to facilities or services on real property associated with tenancy, or refuse repairs or improvements to real property associated with the tenancy Legal Aid Society of San Diego, Inc.
Prohibited Activity It is also unlawful to make, print, publish, advertise, or disseminate in any way a notice, statement or advertisement that indicates that a tenant will be declined based on a person s source of income. Legal Aid Society of San Diego, Inc.
Prohibited Activity Legal Aid Society of San Diego, Inc.
Prohibited Activity Financial or income standard: i.e. 3x the rent Must be based on the tenant s portion of the rent when dealing with a government subsidy. Legal Aid Society of San Diego, Inc.
Exceptions for Owner-Occupied Rental Units Homeowners who live in their house (single-family unit) and rent out a room or a portion of their house to a renter, as long as no more than one person is living in the household, are exempt. Legal Aid Society of San Diego, Inc.
Failure to Follow the Law Lawsuits: Tenants may seek monetary damages as well as an injunction against the landlord. The Court has the power to award punitive damages and attorney s fees and costs. Local: If a court determines the landlord has violated the ordinance, it must award damages equal to three-times the monthly rent that the landlord advertised the rental unit for at the time of the violation. Administrative complaints: California Civil Rights Department & HUD Legal Aid Society of San Diego, Inc.
State vs. Local Requirements Remedies: 3x the rent (local only); agency complaints (state only) Jurisdiction Statutes of limitations: local = 1 year; state = 1 year for admin, 2 years for lawsuit Legal Aid Society of San Diego, Inc.
Rental Assistance Process Perceived Issue Actual Process Processing time Streamlined Inability to pay security deposits Tenant security deposit loans available Frequent Inspections Inspections every 2 years Subject to maximum rents Competitive/market rents Tenants inability to pay Protection against financial losses Property damage Tenants incentivized to be good renters Legal Aid Society of San Diego, Inc.
Landlord Benefits Consistent on-time rent payments (even during evictions) Vacancies filled quickly Inspections Every 2 Years Free Listing Services Staff support/Assistance with paperwork Tenant Tips Educate uninformed landlords Communicate in writing where possible Apply anyways where feasible Reasonable accommodations Legal Aid Society of San Diego, Inc.
Training Available The Legal Aid Society of San Diego, Inc. is available for free training sessions. Visit www.lassd.org/sourceofincome or call 877-534-2524 or email sourceofincome@lassd.org Legal Aid Society of San Diego, Inc.
