Housing Discrimination Based on Disability

Freiman Legal can help residents fight their Disability Discrimination case.

Freiman Legal wants to protect and fight for the rights of housing residents who have been discriminated against due to a disability.

According to the United States Department of Justice Act, what defines a person with a disability includes "(1) individuals with a physical or mental impairment that substantially limits one or more major life activities; (2) individuals who are regarded as having such an impairment; and (3) individuals with a record of such an impairment."

Freiman Legal serves all of Los Angeles, Orange and Ventura County when it comes to protecting residents who are discriminated against based on their disability. There are several questions you must ask if you are a resident living in California, and feel you have been discriminated against due to a disability.

As a California resident, have you been harassed or discriminated against due to a disability that you had when you lived in an apartment? Did you become disabled after moving in and you feel that you have been discriminated, harassed or retaliated against? These are some of the basic questions that you need to ask yourself, and before moving forward with a claim, we will analyze the situation. We are here to help California residents. Contact Freiman Legal at 310-917-1004 if you are living in the Los Angeles, San Francisco, or San Diego areas and you feel that you have been discriminated against due to a disability.

Housing Discrimination Based on Religion

Freiman Legal can help California residents fight their Religion Discrimination case.

As a California resident living in Torrance, Inglewood or Compton, have you recently experienced religious discrimination in your apartment or housing complex? If you believe you have suffered illegal religious discrimination by your landlord, it's imperative to know that your housing rights and religious freedom are highly protected under both California and Federal law. These laws specifically protect residents against discrimination based on many variables, including religious reasons.

Title VII of the Civil Rights Act of 1964 and even the California Fair Employment and Housing Act (FEHA) prohibits discriminaation based on religion. Landlords are not permitted to lease or fail to lease based on a renter's or prospective renter's race, ethnicity or religion. Regardless of where the rental is located, the make-up of the community or the ethnicity of the Landlord, all Landlords must not use prohibited characteristics to rent to tenants.  It is illegal under both California and Federal Law to do so.

Freiman Legal is here to help California residents of apartment and housing rentals. Contact us at 310-917-1004 if you are living in the Torrance, Inglewood, Compton, Los Angeles, San Francisco, or San Diego areas and you feel that you have been discriminated against based on your religion.

 

Housing Discrimination Based on Race

Freiman Legal can help California Housing and Apartment renters fight their Racial Discrimination case.

If you are a California resident living in San Francisco, Sacramento, San Diego, San Jose, or Los Angeles and the surrounding areas, Freiman Legal can help with your housing discrimination case based on race.

Freiman Legal ensures that fairness is executed along each step of the way. One of the most important aspects of federal fair housing laws is to put a stop to racial discrimination in the rental, sale, and financing of apartments and houses. The Department of Housing and Urban Development ("HUD") is a federal agency which is primarily responsible for creating and maintaining policy and programs to enforce these particular fair housing laws. 

How Freiman Law maintains Housing resident justice pertaining to Racial Discrimination and the Fair Housing Act

Many years ago, Congress created and implemented the Fair Housing Act (FHA) in order to promote equal housing opportunities for all residents. The Fair Housing Act (and its respective amendments) states clearly that property owners, landlords, and financial institutions, cannot discriminate on the basis of race and national origin. Even further, the Act also prohibits discrimination based on sex, religion, family status, disability, and more.

Property owners, financial institutions, and landlords, specifically, may not take the following action (or inaction) based on race of the buyer, tenant, or even applicant:

  • Refusing to rent or sell housing;
  • Refusing to negotiate for housing;
  • Making housing unavailable;
  • Providing different terms to different people;
  • Setting different conditions or privileges for sale or rental of a property;
  • Denying access to or membership in a facility or service related to the sale or rental of housing;
  • Imposing different rates and terms on a loan;
  • Refusing to make a mortgage loan; and
  • Discriminating in appraising property.

Freiman Legal is here to help California residents of apartment and housing rentals. Contact us at 310-917-1004 if you are living in the Torrance, Inglewood, Compton, Los Angeles, San Francisco, or Long Beach areas and you feel that you have been discriminated against based on your race.

    Housing Discrimination Based on Color

    Freiman Legal can help California residents fight their Color Discrimination case.

    If you are a California resident living in Santa Monica, Riverside, Canoga Park, Calabasas, or Los Angeles and the surrounding areas, Freiman Legal can help with your housing discrimination case based on color.

    Landlords are not permitted to lease or fail to lease based on a renter's or prospective renter's race, color ethnicity or national origin. Regardless of where the rental is located, the make-up of the community or the ethnicity of the Landlord, all Landlords must not use prohibited characteristics to rent to tenants.  It is illegal under both California and Federal Law to do so. 

    The Fair Housing Act is a fair and just Act, that makes it unlawful to discriminate on the basis of color. No person, including tenant, may discriminate against a person because of the color of his or her skin. More-so, discrimination based on color can even occur between people who are of the same race, in addition to people of a different race or ethnicity. Here are a few examples of discrimination based on color:

    • Refusing to rent or sell to someone based on the color of their skin
    • Refusing to negotiate for housing or making housing otherwise unavailable
    • Providing different terms, rules or  conditions to people of different skin color
    • Imposing different or higher rates or fees to people of different skin color
    • Steering or otherwise encouraging people of a certain skin tone to live in certain areas.

    Freiman Legal is here to help California residents of apartment and housing rentals. Contact us at 310-917-1004 if you are living in the Torrance, Inglewood, Compton, Los Angeles, San Francisco, or San Diego areas and you feel that you have been discriminated against based on the color of your skin.

    Housing Discrimination Based on Gender

    Freiman Legal can help California residents fight their Gender Discrimination case.

    According to the U.S. Department of Housing and Urban Development, "discrimination against a lesbian, gay, bisexual, or transgender (LGBT) person may be covered by the Fair Housing Act if it is based on non-conformity with gender stereotypes.  For example, if a housing provider refuses to rent to an LGBT person because he believes the person acts in a manner that does not conform to his notion of how a person of a particular sex should act, the person may pursue the matter as a violation of the Fair Housing Act’s prohibition of sex."

    Furthermore, it goes on to state.."Housing discrimination against people with HIV/AIDS and people perceived to have HIV/AIDS is also illegal under the Fair Housing Act’s prohibition of disability discrimination."

    If you are a California resident living in Santa Monica, Riverside, Canoga Park, Calabasas, or Los Angeles and the surrounding areas, Freiman Legal can help with your housing discrimination case based on your gender.

    Housing Discrimination Based on Sex

    Freiman Legal can help California residents fight their discrimination case based on their sex.

    If you are living in the Los Angeles, San Francisco or San Diego areas, and as a prospective or current tenant, are denied an opportunity to rent or buy a home because of your sex, you are a then considered a victim of illegal housing discrimination. In this case, you should contact Freiman Legal immediately. Furthermore, it is also illegal for landlords to treat current, in-place residents differently, because of their sex.

    In 1974, the Fair Housing Act was amended to prohibit discrimination on the basis of sex. The law protects men as well as women from housing discrimination. Please keep in mind that the majority of sex discrimination claims involve policies and/or practices that limit women’s housing choices.

    Examples of Housing Sex Discrimination

    • Delay or denial of home loans to women who are pregnant or on maternity leave.
    • Rental criteria, which would be considered employment, credit, income - that have mostly have a tendency to favor female applicants less than males.
    • Increasing rent or threatening eviction because of child birth or for even adding a child to the household.
    • Strict curfews that are applied, or applied more strictly, to women or to men.
    • Taking adverse/negative actions against survivors of domestic violence because of the actions of their respective abusers.
    • Advertising that signals and indicates a preference for men or women. It may also be legal to advertise for roommates/housemates of the same sex when roommates/housemates share common living areas.
    • Sexual harassment by the landlord or landlord’s employees.

    If you are a California resident living in Santa Monica, Riverside, Canoga Park, Calabasas, or Los Angeles and the surrounding areas, Freiman Legal can help with your housing discrimination case based on your sex.

    Housing Discrimination Based on National Origin

    Freiman Legal can help California residents fight their discrimination case based on their national origin.

    Among other types of discrimination, The Fair Housing Act also prohibits discrimination based upon national origin. This type of discrimination can be based either upon the country of an individual's birth or where his or her ancestors originated from.

    Research shows that the Hispanic population is the fastest growing segment of the United States population. Looking further into this matter, the Justice Department has taken enforcement action against local governments that have tried to reduce or even limit the number of Hispanic families that may live in their respective communities. There have been lawsuits against violating lenders, under both the Fair Housing Act and the Equal Credit Opportunity Act when they have imposed more strict underwriting rules on home loans or even made loans on less favorable terms for Hispanic borrowers. The Department of Justice has also sued lenders for discrimination against Native Americans. There are also other areas of the country that have experienced an increase amount of diversity of national origin groups within their populations. This includes new immigrants from Southeastern Asia, the former Soviet Union, and other parts of Eastern Europe. The Department of Justice have taken action against landlords who have discriminated against these individuals.

    If you are a California resident living in Santa Monica, Hollywood, Thousand Oaks, Northridge, or Glendale and the surrounding areas, Freiman Legal can help with your housing discrimination case based on your national origin.

    Housing Discrimination Based on Ancestry

    Freiman Legal can help California residents fight their discrimination case based on their ancestry.

    The definition of ancestry is: one's family or ethnic descent.

    In California, it is illegal to refuse to rent or sell a home to someone based on his/her ancestry, in addition to other variables. Of you are seeking to rent or buy an apartment, condo or even a house - the owner, or even his/her agent, is not allowed to discriminate against you based on where your forefathers are from. 

    According to the State of California Department of Justice website, "it is also illegal for financial institutions, banks, or mortgage companies to set discriminatory policies in their terms, conditions or privileges related to their services on the basis of race, color, religion, sex, marital status, familial status, disability, national origin, and ancestry."

    Making consistent, harassing jokes and profane comments towards an applicant or even a current renter, regarding his/her ancestry, followed by retaliation, would also be prohibited.

    If you are a California resident living in Santa Monica, Hollywood, Thousand Oaks, Northridge, or Glendale and the surrounding areas, Freiman Legal can help with your housing discrimination case based on your ancestry.

     

    Housing Discrimination Based on Sexual Orientation

    Freiman Legal can help California residents fight their discrimination case based on their sexual orientation.

    When lesbian, gay, bisexual, transgender and queer couples make way to buy or even rent a home, they may at times, confront various forms of discrimination that most married heterosexual couples do not ever have to face. LGBTQ couples can sometimes face discrimination in access to housing. There are times even when same-sex couples pay more in taxes when they buy or sell a home, or transfer ownership interest, than when married heterosexual couples do. 

    California are among the seventeen states that prohibit housing discrimination based on sexual orientation and gender identity. The other states are: Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Iowa, Maine, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington. 

    Here are two examples housing discrimination based on sexual orientation: 

    • A gay man is evicted because his landlord does not appreciate him bringing home other men. This situation constitutes illegal sexual orientation discrimination under the Fair Housing Act because the man is considered homosexual.
    • A woman is asked by the owner of her apartment building not to show affection with her girlfriend in the common areas. The landlord was asked by other neighbors and is now enforcing the law. This is a violation of the Fair Housing Act’s prohibition of sexual orientation discrimination.

    If you are a California resident living in Santa Monica, West Hollywood, Sherman Oaks, San Francisco, San Diego or Glendale and the surrounding areas, Freiman Legal can help with your housing discrimination case based on your sexual orientation.

     

    Housing Discrimination Based on Gender Identity or Expression.

    Freiman Legal can help California residents fight their discrimination case based on their gender identity or expression.

    For decades, California state law has explicitly prohibited housing discrimination based on gender identity and gender expression.

    According to Housing.org, "Gender identity and expression encompass both the gender with which someone personally identifies, as well as the way an individual chooses to express their gender. California law defines “gender expression” as a person’s “gender-related appearance and behavior, whether or not stereotypically associated with the person’s assigned sex at birth.” The law seeks to protect those who identify as transgender or genderqueer, as well as those who may identify as cisgender, but present themselves in ways that do not comport with traditional gender and sex stereotypes."

    It goes on to state that..."In some cases, gender identity and gender expression discrimination may be linked with discrimination based on sexual orientation. They may also be closely linked to disability discrimination, which also protects individuals who are perceived to have disabilities. For example, a housing provider would be engaging in disability discrimination if he refuses to rent to a transgender person because he wrongly believes that it is a mental illness."

    If you are a California resident living in Santa Monica, West Hollywood, Sherman Oaks, San Francisco, San Diego or Glendale and the surrounding areas, Freiman Legal can help with your housing discrimination case based on your gender identity or gender expression.

    Housing Discrimination Based on having Emotional Support Animals.

    Freiman Legal can help California residents fight their discrimination case based on having Emotional Support Animals

    In California, Landlords are required to allow renters to live with their emotional support animals. While there are exceptions, what this means, is that generally, a landlord may not evict a renter or even charge a pet deposit for emotional support animals.  Under the law, which includes the Fair Employment and Housing Act (FEHA), landlords are still permitted to require documentation supporting the fact that the renter has a disability and that reasonable accommodation for the support animal is necessary.

    Under the Fair Employment and Housing Act, a disability is defined as a "physical or mental impairment which significantly limits a person’s major life activities." Even in the case that a landlord states in the lease "no pets" or even restricts pets, they are certainly required to make a “reasonable accommodation” to allow pets who serve as assistance animals (i.e. emotional support animals).

    According to the Humane Society, assistance animals are in a different legal classification than pets who are not assistance animals, which is why pet restrictions and fees are waived for them. They are animals that work, assist and/or perform tasks and services for the benefit of a person with a disability or provide emotional support that improves the symptoms of a disability.

    There is no official certification or training for assistance animals, and they can assist in a wide variety of ways. Breed and weight restrictions do not apply to assistance or service animals

    If you are a California resident living in Santa Monica, West Hollywood, Sherman Oaks, San Francisco, San Diego or Glendale and the surrounding areas, Freiman Legal can help with your housing discrimination case based on having Emotional Support Animals.

    Housing Discrimination and Retaliatory & Wrongful Eviction

    Freiman Legal can help California residents fight their Housing Discrimination and Retaliatory & Wrongful Eviction case.

    If a landlord brings eviction proceedings against you, and it was for an illegal reason such as disability, race, color, religion, national origin, ancestry, sex, gender, sexual orientation, gender identity, gender expression, genetic information, marital status, familial status, source of income - you can counter-sue your landlord in court for damages, which include, but are not limited to the lost rental value of the unit, moving costs and relocation fees, emotional distress and attorney's fees and costs.  

    If you, as a resident, have a dispute with your landlord and it doesn't go the way it should, and then you decide to inform the authorities, you are then protected from retaliatory activity. Your landlord is not allowed to go after you, as the resident. The kinds of retaliatory acts covered by most state statutes, including California are:   

    • increasing the rent;
    • ending a month-to-month tenancy or refusing to renew a lease;
    • firing off an eviction lawsuit if a tenant decides to stay put and fight in court; and
    • petty inconveniences like draining a pool, removing laundry facilities, cancelling cable access, etc.

    If you are a California resident living in West Covina, Camarillo, Valencia, Stockton, San Diego or Los Angeles and the surrounding areas, Freiman Legal can help with your Housing Discrimination and Retaliatory & Wrongful Eviction case.

    Housing Discrimination based on Source of Income

    Freiman Legal can help California residents fight their Housing Discrimination based on Source of Income case.

    While looking for a nice place to live, many resident and stand in front of discrimination by various landlords who are not willing to proceed in rental agreements to "voucher holders," and those who have other various forms of income that is outside of receiving it from a 9-5 job. Since this has been occurring, the State of California has built laws which prohibited housing discrimination based on source of income. Low-Income Housing Tax Credit Housing owners and other types of federally assisted housing are prohibited from discriminating against voucher holders. According to Project Sentinel: Landlords, property managers, real estate brokers, home sellers, mortgage companies, and banks may not refuse to deal with you or treat you differently because your income includes sources other than wages. It is also illegal to have a preference for one occupation over another.

    Furthermore, Project Sentinel goes on to state that if a housing provider does the following, he or she may be engaging in source of income discrimination:

    • Refuses to rent to an applicant who has non-wage income
    • Prefers one type of income over another, such as preferring applicants who earn employment income versus those who receive Social Security payments
    • States a preference for professionals or tech company employees
    • Only rents to applicants who have a job
    • Requires multiple years of steady employment
    • Denies an applicant because a representative payee is responsible for paying rent
    • Demands a higher deposit because an applicant has non-wage income
    • Refuses to rent to a tenant who plans to operate a licensed home day care

    If you are a California resident living in West Covina, Camarillo, Valencia, Stockton, San Diego or Los Angeles and the surrounding areas, Freiman Legal can help with your Housing Discrimination based on Source of Income case.

    Housing Discrimination based on Familial Status

    Freiman Legal can help California residents fight their Housing Discrimination based on Familial Status.

    Most landlords do not know their responsibilities when it comes to renting to families with children or are not aware that families with kids are protected under federal housing discrimination laws. 

    The Fair Housing Act (FHA) protects residents against discrimination based on seven classes which are then protected by the law, including “familial status.” This signifies that if you prohibit the prospective tenants from renting just because they have kids or you treat them differently because they have them, then this law might be violated.

    Below shows exactly who the FHA's familial status discrimination ban protects and how it applies to you as a resident:

    1. The FHA protects families with children. This is the case even if the kids are not living with their biological parents. Children may live with anyone, including: a biological parent, stepparent, foster parent, grandparent, or any other adult who has legal custody of them. Furthermore, if a child is living with someone who a parent or legal custodian has designated to them in writing, then such a household is also protected against familial status discrimination.
    2. The marital status of adult tenant: Regarding Familial status protection under the FHA, it really makes no difference if the adult members of the family are married, divorced, single, widowed, or separated. For example, a single mother with two children is protected just as much as a married couple with four kids.
    3. Children must be under 18 years old. For familial status protection to take into effect, the law requires that there be at least one person in the home under the age of 18. For example, a husband and wife looking to rent an apartment with their 18-year-old daughter is not protected, even if the daughter is still a high school student. Also, a couple who begins to rent an apartment with a child when she’s 17 years of age will lose familial status protection on the her 18th birthday.
    4. Children do not have to be part of a household yet. Even tenants are protected against familial status discrimination if they’re expecting their kid to be a part of their household. Thus, landlords cannot discriminate against residents just because they are pregnant or even in the process of adopting a child.

    If you are a California resident living in Newhall, Camarillo, Ventura County, Baker, San Diego or Los Angeles and the surrounding areas, Freiman Legal can help with your Housing Discrimination based on Familial Status

    Housing Discrimination based on Marital Status

    Freiman Legal can help California residents fight their Housing Discrimination based on Marital Status.

    In the instance you are denied an chance to rent a home, condo, townhouse or apartment—or even given false information regarding a rental—because of your marital status, you are a victim of housing discrimination pertaining to marital status. Furthermore, it is illegal for landlords or other housing managers to treat in-place residents or their guests without favor due to their marital status.

    Here are some Warning Signs of Marital Status Discrimination

    • Rental advertising that focuses on married couples.
    • Refusing to rent to roommates, unmarried couples, or single parents because the housing provider prefers married couples as tenants.
    • Setting specific curfews for single residents.
    • Requiring unmarried couples to document that they have joint bank accounts or other evidence that they have a long-term relationship.
    • Giving special incentives or discounts to married couples that are normally not offered to other applicants.
    • Terminating the rental agreement of a certain spouse or partner because the other spouse or partner moved out of the home.

    If you are a California resident living in Newhall, Camarillo, Ventura County, Baker, San Diego or Los Angeles and the surrounding areas, Freiman Legal can help with your Housing Discrimination based on Marital Status.

    Housing Discrimination based on Genetic Information

    Freiman Legal can help California residents fight their Housing Discrimination based on Genetic Information

    According to Sage Journal (Journal of Law, Medicine and Ethics), "New developments in genetics could affect a variety of real property rights. Mortgage lenders, mortgage insurers, real estate sellers, senior living centers, retirement communities, or other parties in residential real estate transactions begin requiring predictive genetic information as part of the application process.

    One likely use would be by retirement communities to learn an individual's genetic risk for Alzheimer's disease. The federal Fair Housing Act prohibits discrimination based on disability, but it is not clear that it would apply to genetic risk assessments. Only California law explicitly applies to this situation and there have been no reported cases."

    An example of this would be denial of rental agreement due to a request for genetic information pertaining to risk for Alzheimer's disease.

    If you are a California resident living in Newhall, Camarillo, Ventura County, Baker, San Diego or Los Angeles and the surrounding areas, Freiman Legal can help with your Housing Discrimination based on Genetic Information.