Fair Housing

WHAT IS FAIR HOUSING?

Fair Housing means you have the right to live where you choose without fear of discrimination based on your protected characteristics. Fair Housing laws apply to all types of housing, including accessory dwelling units (ADUs), apartments, single-family homes, duplexes, condominiums, mobile home parks, residential motels, and emergency shelters.

Federal Fair Housing Laws

The Fair Housing Act (FHA) of 1968 is a federal law that protects people from discrimination based on their protected characteristics when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities. The Fair Housing Act also provides procedures for handling individual complaints of discrimination.

California State Fair Housing Laws

In California, the Fair Employment and Housing Act (FEHA) and the Unruh Civil Rights Act provide additional protection from housing discrimination. California law also protects people from discrimination and harassment that is based on the protected characteristic of their family member, friend, roommate, or any other associate. Additionally, the Ralph Act (§51.7 of the California Civil Code) prohibits violence or intimidation by threat of violence based on protected characteristics.

Protected characteristics include a person’s:

WHAT DOES HOUSING DISCRIMINATION LOOK LIKE?

Examples of actions that could be discriminatory if based on a person’s protected characteristic include:

WHAT IS SEXUAL HARASSMENT IN HOUSING?

The Fair Housing Act and other federal laws prohibit sexual harassment in housing. The Fair Housing Act prohibits discrimination based on sex as well as other characteristics such as race, color, religion, national origin, familial status, or disability. There are two main types of sexual harassment: (1) quid pro quo sexual harassment and (2) hostile environment sexual harassment.

For more information on sexual harassment in housing, as well as tenant rights and resources regarding this issue, please visit the Sexual Harassment in Housing page.

WHY SHOULD I REPORT HOUSING DISCRIMINATION?

There are many reasons to report discrimination in housing, including:

• Many acts of discrimination can only be investigated if someone reports them.
• The law protects you from retaliation by your landlord if you report discrimination under the fair housing laws.
• Reporting discrimination is the first step to stopping it in your community.
• Reporting discrimination promotes long-term benefits for everyone. The laws that protect another person today may be the laws that will protect you tomorrow.
• It is against the law.

HOW DO I REPORT HOUSING DISCRIMINATION?

If you feel you have been a victim of housing discrimination or would like to obtain additional information about the federal and state fair housing laws, please contact the Housing Rights Center.

The HRC is contracted with the County of Los Angeles to provide residents with free services including landlord-tenant counseling, outreach and education, litigation and advocacy and discrimination complaint investigation.

The City follows federal Fair Housing laws and is committed to making reasonable changes to its rules so people with disabilities can access housing equally. Program 15 of the City’s Housing Element amended the Reasonable Accommodation ordinance (§ 11.18.060), providing any individual with a disability, or someone acting on their behalf with the following instructions on how to apply for reasonable accommodation

WHAT IS REASONABLE ACCOMMODATION FOR PEOPLE WITH DISABILITIES?

“Reasonable accommodation” means providing individuals with disabilities (or developers of housing for people with disabilities) flexibility in the application of land use, zoning, and building regulations, policies, practices, and procedures when it is necessary to eliminate barriers to housing opportunities. Reasonable accommodation may require deviation from adopted development standards (e.g. encroachment into required zoning setbacks) to accommodate associated improvements.

“Disabled person” means any person who has a temporary or permanent physical or mental impairment that substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment.

Examples of reasonable accommodation for people with disabilities include but are not limited to:

HOW DO I APPLY FOR REASONABLE ACCOMMODATION?

Any individual with a disability, or someone acting on their behalf, can request a reasonable accommodation permit by submitting an application to the Director of the Community Development. To get the form, please contact the Community Development Department by calling (818) 790-8881. The Applicant should be prepared to provide the following information:

• Name and address of the applicant and all property owners
• Statement confirming the applicant is a person with a disability or applying for someone who is
• Proof of ownership or written permission from the owner
• Property address, parcel number, legal description, and current use
• Description of the requested accommodation and which rules need to be modified
• Reason for the request with documentation of the disability
• Supporting materials such as letters, photos, plans, or other helpful information
• Any additional information required by the Community Development Director

The Community Development Department prioritizes the applicant’s privacy and will ensure that all information provided to apply for reasonable accommodation will be kept confidential.

Program 16 of the City’s Housing Element encourages qualified housing developers to pursue senior housing in the community. The City’s Housing Element Implementation Overlay Zone (HEIOZ) allows for eligible senior citizen multifamily residential developments can benefit from a streamlined approval process on sites identified in the City’s 2021-2029 Housing Element Sites Inventory.

WHAT IS SENIOR HOUSING?

“Senior citizen“ means a person 62 years of age or older, or 55 years of age or older residing in a senior citizen housing development as defined in California Civil Code Section 51.3.

“Senior citizen multifamily residential“ refers to an age‑restricted apartment or mixed‑use housing development meant mainly for seniors (62+, or 55+ living independently). No care services are provided, and each unit must have its own living, sleeping, bathing, and kitchen areas. The development may include shared spaces like recreation areas or a common dining room for meal programs. The age restriction must be recorded through a covenant, deed restriction, or similar document.

The City of La Cañada Flintridge is committed to being an inclusive city, making housing available to people of all races, ethnicities, abilities, and backgrounds.

In response, Program 22 of the City’s Housing Element provides homeowners with the following instructions on how to remove antiquated, unlawful, and discriminatory restrictions that may still appear in older property records, titles, and grant deeds.

WHAT ARE RACIALLY RESTRICTIVE COVENANTS?

“Covenants” are private contracts or conditions that appear in support of property grant deeds and titles. Not all covenants are bad – they typically regulate the use, access, or ongoing maintenance of a property, such as a shared driveway or utility line.

However, during the 1920s, with the rise of segregation in the United States, property owners and real estate entities began inserting “racially restrictive covenants” (also known as “racial covenants”) into property deeds to exclude minority groups from ownership or living in certain communities. These racial covenants would sometimes use subtle and veiled language promoting “exclusive” or “elite” residential communities. Other times, the language would be very direct and derogatory, listing specific people groups to be excluded. Sadly, these practices were once commonplace in California, including in La Cañada Flintridge, and sometimes, racial covenants still appear in property records.

WHAT IS THE LEGAL HISTORY?

In 1948, the U.S. Supreme Court (Shelley v. Kraemer) unanimously ruled that racial covenants were no longer legally enforceable, even if they were written into property deeds.

In 1968, the Federal Fair Housing Act formally classified all forms of discrimination in housing based on race, religion, national origin, sex, or familial status to be unconstitutional – further nullifying all racially restrictive covenants.

Today, all jurisdictions in California are responsible for working with their constituents to remove any racial covenant.

HOW DO I REMOVE A RACIAL COVENANT FROM MY PROPERTY?

In September 2021, California enacted Assembly Bill (AB) 1466, authorizing property owners, title and escrow companies, county recorders, and real estate professionals to process a Restrictive Covenant Modification to remove racially restrictive covenants from property records.

STEPS TO REMOVE A RACIAL COVENANT:

1. Request a copy of your property’s Title Report from your title company of choice. Title Reports are typically requested during a real estate transaction, refinancing, or when applying for certain development project applications.
2. Determine if your property has a racial covenant. If you find restrictions but are not clear if they are lawful or not, please consult with your title officer, real estate attorney, or City Planning.
3. If a racial covenant or similar restriction is found, highlight or underline the unlawful provision in the document and complete the Restrictive Covenant Modifications Form on the County website.
4. Submit the Restrictive Covenant Modification Form and the document with restrictive language highlighted/underlined to the County Recorder. Submission options:
   • • Email forms to: RCM@rrcc.lacounty.gov
     • In-person: Book an appointment at the LA County Norwalk Office (only the Norwalk office has this service)
     • Mail: Send all documents to

   Registrar-Recorder/County Clerk – Document
   Analysis and Recording Section
   P.O. Box 1250
   Norwalk, CA 90651-1250

5. Submissions will be reviewed by LA County to determine if the language contains an unlawful restriction. If so, the County will sign the form and record it. The recorded document will be returned by mail to the applicant. No payment is required as these documents are free to revise and record.

INTERESTED IN FURTHER READING ON THIS TOPIC?

If you are interested to learn more about this topic and how the larger region is addressing past racial inequities, please see the County of Los Angeles Racial Equity Strategic Plan.

Access La Cañada Flintridge’s Racial Covenant Removal flyer here: