"paghat" wrote in message
news
In article , "Vox Humana"
wrote:

"paghat" wrote in message
news

. Homeowner Associations are
semi-independently governed entities which, if they do not accept
government funding of the HUD sort, do not have to follow
antidiscrimination laws.

That is completely and utterly false. I challenge you to cite a single
instance where a homeowner's association implemented a discriminatory
policy
that was upheld in a state or federal court.

Don't pretend to be such an ass (at least, i HOPE yr pretendin' out of a
marvelously perverse desire to reveal Homeowner Assoication advocates as
mental deficients incapable of learning anything factual).

Cuz if you'd pay attention, i ALREADY posted information on SPECIFIC cases
for Texas & California that are right now in the courts. What I posted is
absolutely factual & easily checked if you even cared, especially as I
gave the names of senators working on the issue & names of recent victims
of STANDARD homeowner association racist intent & purpose & how the law
still permits this.

Which part of this don't you understand?
http://caag.state.ca.us/publications...k/chapter3.htm
UNLAWFUL DISCRIMINATION
Your Rights and Remedies - Civil Rights Handbook



CHAPTER III

Housing

State Laws

The Fair Employment and Housing Act and The Unruh Civil Rights Act

The California Legislature has declared that discrimination in housing
is against the public policy of the State of California. Moreover, the
Legislature has recognized that your right to seek, obtain, and hold housing
without discrimination on any of the bases specified in the Fair Employment
and Housing Act or on any other basis prohibited by the Unruh Civil Rights
Act is a civil right.

The Fair Employment and Housing Act (FEHA), Government Code section
12900 et seq., specifically prohibits housing discrimination on the basis of
race, color, religion, sex, sexual orientation, marital status, national
origin, ancestry, familial status, disability, or source of income. (49) The
Unruh Civil Rights Act, Civil Code section 51 (hereafter the Unruh Act or
the Act) prohibits discrimination in "all business establishments of every
kind whatsoever." (50) This provision has been interpreted to include
businesses and persons engaged in the sale or rental of housing
accommodations. (51)

While the Act specifically prohibits only discrimination on the basis
of race, color, religion, sex, national origin, ancestry, or disability, its
language, unlike the FEHA's, has been judicially and statutorily construed
to apply to arbitrary discrimination based on personal traits, beliefs, or
characteristics similar to those specifically listed. (52) The Act, for
example, has been held to prohibit discrimination against families with
children and against persons based upon their sexual orientation or their
age. (53) Accordingly, the Act does not apply only to those bases which are
specifically listed, but may also apply to other, unlisted but similar
bases, as well.

In addition, the Unruh Act, like the FEHA, prohibits discrimination
against persons who are perceived to be a member of a protected class or who
associate with a member of, or with a person perceived to be a member of, a
protected class. (54) The FEHA also prohibits harassment of persons applying
for or occupying housing accommodations on any of the bases specified in the
Act. (55)

The FEHA and the Unruh Civil Rights Act can be enforced against any
owner, lessor, sublessor, assignor, managing agent, real estate broker,
salesperson, or any person having any legal or equitable right of ownership
or possession or the right to rent a housing accommodation. (56)

The provisions of the FEHA are generally applicable to any real
property that is occupied or intended to be occupied as a home, residence,
or sleeping place by one or more families. (57) Only two categories of
housing are expressly exempted. First, the FEHA does not apply to renting a
portion of a single-family, owner-occupied house to one person. (58) Second,
religious organizations which own or operate housing accommodations for
non-commercial purposes, either directly or through a related non-profit
institution or organization, may give a preference to persons of the same
religion in the sale, rental, or occupancy of such accommodations. (59)

The Unruh Act covers any form of housing which can be termed a
"business establishment." This term has been liberally construed by the
courts to include virtually every type of housing accommodation. For
example, the Act has been held to apply to operators of motels and hotels;
real estate brokers and agents and others engaged in the sale or rental of
real property; owners of triplexes, duplexes, non-owner occupied
single-family dwellings, and publicly-assisted housing projects; operators
of mobile home parks; and condominium homeowners' associations.

The following is a partial listing of housing practices prohibited by
the FEHA and the Unruh Act. (60) It is unlawful:


a.. to make any inquiry concerning the race, color, religion, sex,
national origin, ancestry, or other protected characteristic of the person
seeking to rent, purchase, or lease any housing accommodation;


b.. to place an advertisement regarding the rental or sale of any
housing accommodation which indicates any preference or limitation based
upon race, color, religion, sex, national origin, ancestry, or any other
characteristic protected by the FEHA or the Unruh Act;


c.. to discriminate against any loan applicant for a loan to
purchase or construct housing on a prohibited basis;


d.. to harass, evict, or otherwise discriminate against any person
who has filed a complaint with the DFEH or who has testified or assisted in
any action brought pursuant to the FEHA;


e.. to aid, abet, incite, compel, or coerce the doing of any of the
foregoing illegal practices;


f.. to refuse to sell, rent, or lease a housing accommodation on any
prohibited basis;


g.. to refuse to negotiate for the sale, rental, or lease of a
housing accommodation on any prohibited basis;


h.. to misrepresent the availability of a housing accommodation
because the prospective buyer or lessee is a member of a class protected by
either the FEHA or Unruh Act;


i.. to provide inferior terms, conditions, privileges, facilities,
or services in connection with the sale or lease of a housing accommodation
because the buyer or lessee is a member of any class protected by the Unruh
Act or the FEHA;


j.. to cancel or terminate a sale or rental agreement because a
person is a member of a class protected by either the FEHA or Unruh Act;


k.. to provide segregated housing accommodations.


l.. to harass someone in connection with housing accommodations.
Procedures to Follow and Remedies Available

You can enforce your rights under the FEHA or Unruh Act either by
filing a claim with the DFEH (61) or by filing a private lawsuit. By filing
a complaint with the DFEH, you will be initiating an administrative process
in essentially the same way you would when filing a complaint with that
department for employment discrimination. Whether your housing claim is
based upon the FEHA or the Unruh Act, you must file your complaint with the
DFEH within one year after the alleged discriminatory act. (62) Therefore,
you should file your complaint immediately.

Whether your claim is based upon the Unruh Act or the FEHA, the DFEH
will conduct an investigation to determine its validity and attempt to
settle the matter. If it is unable to reach a settlement, and there is
reasonable cause to believe that a violation has occurred or is about to
occur, the DFEH will issue an accusation requiring the person or entity who
violated your rights to answer your charges at an administrative hearing or,
if either you or the party charged so elect, at a civil trial. (63)

In order to bring your own FEHA or Unruh Act lawsuit, however, you do
not have to file a complaint with the DFEH at all. (64) You should note that
if you do file a private action, the DFEH will not act on any complaint you
may have filed.

Remedies available from the Fair Employment and Housing Commission
(FEHC) in administrative actions for housing discrimination include: orders
requiring the sale or rental of the housing accommodation if it is still
available; payment of actual damages; and payment of a civil penalty of up
to $50,000. (65) Remedies available in private actions brought to enforce
your rights depend upon whether your claim is brought pursuant to the Unruh
Act or the FEHA. Remedies available in private Unruh Act suits include
actual damages, a penalty of up to three times the amount of actual damages,
injunctive relief, and attorney's fees. (66) Remedies available in private
FEHA actions, or in a civil trial elected in lieu of an administrative
hearing before the FEHC, include actual, compensatory, and punitive damages,
injunctive relief, and attorney's fees if you are represented by private
counsel rather than by the DFEH. (67)

Finally, it should be noted that under certain circumstances, the
Attorney General, or your local district or city attorney, may bring actions
to correct housing violations under the FEHA and/or the Unruh Civil Rights
Act. While FEHA and Unruh Act housing violations ordinarily should be
reported to the DFEH, if there is reasonable cause to believe that a person
or group is engaged in a pattern or practice of violating the housing rights
protected by the Unruh Act, you should report such activity to the Attorney
General's Public Inquiry Unit or to your local district or city attorney.
You can write the Public Inquiry Unit at the number and address provided at
the beginning of this pamphlet.

To file a housing complaint with the DFEH, contact the following:

DFEH Web site: www.dfeh.ca.gov

DFEH Communication Center:

(800) 884-1684 (Within California)
(916) 227-0551 (Outside California)
(800) 700-2320 TTY
FAX916) 227-2859

All housing complaints are filed in the DFEH Oakland office:

DFEH Oakland District Office:

Department of Fair Employment and Housing
Oakland Housing District Office
1515 Clay Street, Suite 701
Oakland, CA 94612-5212
Toll-free: (800) 233-3212

Miscellaneous State Statutes Prohibiting Discrimination in Housing

These additional state statutory references also concern unlawful
housing discrimination.
1.. Civil Code sections 51.2 through 51.4, and 51.10through 51.12
recognize the need for specially designed accessible housing for senior
citizens, and establish age limitations and other qualifications for
permissible senior citizen housing developments.


2.. Civil Code section 53 prohibits discriminatory provisions in
written instruments which attempt to forbid or restrict the conveyance,
encumbrance, leasing, or mortgaging of real property to any person on the
basis of sex, race, color, religion, ancestry, national origin, or
disability or which attempt to limit the use or occupation of real property
by any person on such bases.


3.. Civil Code section 51.9 prohibits, among other things, the
sexual harassment of a tenant by a landlord or property manager.


4.. Civil Code section 54.1 subdivisions (a)(6)(A), (B) and (C)(i)
declare that blind persons, other visually impaired persons, deaf persons,
and other disabled persons are entitled to full and equal access to all
housing accommodations offered for rent, lease, or compensation, for both
themselves and any guide, signal, or service dog whose services they use.


5.. Civil Code sections 782 and 782.5 void discriminatory provisions
in deeds and other written instruments relating to title to real property
which purport to restrict the right of any person to sell, buy, lease, rent,
use, or occupy such property on the basis of race, color, nationality, or
ethnicity.


6.. Government Code section 12956.1 provides that a county recorder,
title insurance company, escrow company, real estate broker, real estate
agent, or association that provides a copy of a real estate document to any
person shall place a cover page or stamp on the first page of the document
stating, in specified language, in at least 14-point boldface type, that any
unlawful restrictive covenant contained in the document is void and may be
removed, and that lawful restrictions on age of occupants in senior housing
shall not be construed as restrictions based on familial status.


7.. Government Code section 12956.1, subdivision (c), provides that
any person who holds an ownership interest in property that he or she
believes is the subject of a restrictive covenant may file an application
with the DFEH requesting a determination of whether the restrictive covenant
violates the fair housing laws and is void. The applicant may strike the
void restrictive covenant identified by the department.


8..
Health and Safety Code section 33050 is a legislative declaration of
policy against discrimination in the undertaking of community redevelopment
projects based on race, color, religion, sex, marital status, national
origin, or ancestry.

9.. Health and Safety Code section 33769 requires that any residence
constructed with funds obtained through, or with the assistance of, a
redevelopment agency be made available without regard to race, color,
religion, national origin, or ancestry.


10.. Health and Safety Code section 37923 requires that residences
acquired, constructed, or rehabilitated with community development funds be
open to all without discrimination on the basis of race, color, religion,
national origin, or ancestry.
Federal Laws

The Federal Fair Housing Act and 42 U.S.C. § 1982

Title VIII of the Civil Rights Act of 1968, the Federal Fair Housing
Act (FFHA) (42 U.S.C. § 3601 et seq.), also reaffirms and protects your
rights to fair housing. The FFHA prohibits discrimination in the selling or
rental of housing accommodations on the basis of race, color, religion, sex,
familial status (families with children), handicap, or national origin. (68)
The FFHA applies to most dwellings, private or public, except for
owner-occupied dwellings with four units or less. For example, the FFHA is
applicable to all dwellings owned and operated by the federal government and
dwellings financed in whole or in part through loans or grants made by the
federal government or secured by the credit of the federal government. (69)
Religious institutions operating non-commercial housing may limit the sale
or rental of such housing to persons of the same religion, however, and
housing specifically designed for older persons is also permitted. (70)

Additionally, the FFHA prohibits discrimination by financial
institutions in the making of commercial real estate loans, and prohibits
anyone from discriminating in the provision of real estate brokerage or
appraisal services. (71)

The authority and responsibility for administering the provisions of
the FFHA lies with the United States Secretary of Housing and Urban
Development. For more information concerning your rights and remedies under
the FFHA, you should contact your local office of the Department of Housing
and Urban Development (HUD). You should note that if you believe that you
have a claim under the FFHA, you must file a written complaint within one
year after the alleged discriminatory act occurred or terminated, if you
would like HUD's assistance in resolving the claim. HUD will investigate
your complaint, attempt to resolve it by conciliation, and, if necessary,
proceed to have the matter heard either in court or in an administrative
hearing. After an administrative hearing, actual damages and injunctive
relief may be awarded as well as a civil penalty of up to $50,000. (72)

Alternatively, you may also file an action directly in court, without
first filing with HUD. Any such court action must be filed within two years
after the alleged discriminatory act. If you prevail, you may recover actual
and punitive damages, injunctive relief, and reasonable attorney's fees.
(73)

In addition to the FFHA, 42 U.S.C. § 1982 also prohibits
discrimination in the area of housing. Section 1982 states: "All citizens of
the United States shall have the same right, in every state and territory,
as is enjoyed by white citizens thereof to inherit, purchase, lease, sell,
hold, and convey real and personal property." Thus, section 1982 bars all
racial discrimination, private as well as public, in the sale or rental of
property. (74)

Although section 1982 and the FFHA share the same goals, the two
federal remedies do differ in a few significant respects. First, section
1982 only prohibits discrimination based upon color or race, whereas the
FFHA applies more broadly. Second, section 1982 is enforceable only through
private action, while the FFHA establishes an administrative scheme. Lastly,
while section 1982 is generally limited to discrimination in the sale or
rental of property, the FFHA extends to other related areas, such as
discrimination in the provision of brokerage services. A section 1982
action, like a 42 U.S.C. § 1981 claim, can be brought in either state or
federal court, and you do not need to file an FFHA claim before you file a
section 1982 court action. (75)

To file a housing discrimination claim with HUD, contact the
following:

HUD Web site: http://www.hud.gov/

HUD Toll-Free Number: 1-800-669-9777

HUD California Office:
U.S. Department of Housing and Urban Development
Phillip Burton Federal Building and U.S. Courthouse
450 Golden Gate Avenue
San Francisco, California 94102-3448
(415) 436-8400
1-800-347-3739
TTY (415) 436-6594

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49. Government Code section 12955.

50. Although violations of the Unruh Act are also violations of the
FEHA (see Civil Code, § 52, subd. (f), and Gov. Code, §§ 12948, 12955, subd.
(d)), for ease of reference the two acts will be described separately.

51. Burks v. Poppy Construction Co. (1962) 57 Cal.2d 463.

52. Harris v. Capital Growth Investors XIV (1991) 52 Cal.3d 1142.

53. See Civil Code section 51.2, subdivision (a), (age); Marina Point,
Ltd. v. Wolfson (1982) 30 Cal.3d 721 (families with children); Rolon v.
Rulwitzky (1984) 153 Cal.App. 3d 289 (sexual orientation). It should be
noted that it is presently unclear whether the Unruh Act prohibits
discrimination on the basis of marital status. (See Smith v. Fair Employment
& Housing Com. (1996) 12 Cal.4th 1143, 1160.)

54. Government Code section 12955, subdivision (m); Civil Code section
51; In re Cox (1970) 3 Cal.3d 205.

55. Government Code section 12955, subdivision (a).

56. Government Code section 12927, subdivision (e).

57. Government Code section 12927, subdivision (d).

58. Government Code section 12927, subdivision (c)(2)(A).

59. Government Code section 12955.4.

60. See, for example, Government Code sections 12955, 12927 subd.
(c)(1).

61. DFEH offices are listed in the preceding chapter on employment
discrimination.

62. Government Code section 12980, subdivision (b).

63. Government Code sections 12981, subdivision (a), 12989,
subdivision (a).

64. Government Code section 12989.1.

65. Government Code section 12987. The Supreme Court is reviewing the
Commission's ability to award emotional distress damages in housing
discrimination cases. (See Konig v. Fair Employment and Housing Commission
79 Cal.App.4th 10 (review granted on specified issues on June 28, 2000,
S087843, opinion ordered partially published pending review).

66. Civil Code section 52.

67. Government Code section 12989.2.

68. 42 U.S.C. § 3604.

69. 42 U.S.C. § 3603.

70. 42 U.S.C. § 3607.

71. 42 U.S.C. § 3605.

72. 42 U.S.C. §§ 3610, 3612.

73. 42 U.S.C. § 3613.

74. Jones v. Alfred H. Mayer Co. (1968) 392 U.S. 409.

75. Id.

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