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Ely
Ely, Counselor at Law
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In California can the home refuse to rent to a registered sex

Resolved Question:

In California can the home refuse to rent to a registered sex offender
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

The answer is yes.

California law protects several groups of individuals from discrimination when it comes to housing - these are called "protected groups" are include: race, color, religion, sex (including pregnancy, childbirth or medical conditions related to them, as well as gender and perception of gender), sexual orientation, marital status, national origin, ancestry, familial status, source of income , disability, medical condition or mental or physical disability, and personal characteristics, such as a person's physical appearance or sexual orientation that are not related to the responsibilities of a tenant.

Government Code Sections 12926(p), 12927(e), 12955(a),(d), Civil Code Sections 51, 51.2, 53; Harris v. Capital Growth Investors XIV (1991) 52 Cal.3d 1142 [278 Cal.Rptr. 614]., Government Code Section 12955(m), Civil Code Section 51..

Federally, the Fair Housing Act of 1968 and the federal Fair Housing Act Amendments Act of 1988 prohibit discrimination of the following: race or color; religion; national origin; familial status or age—includes families with children under the age of 18 and pregnant women; disability or handicap, or sex.


However, the list both on a state and federal level are not all-inclusive. Sex offenders (as well as generally those with a criminal record) may be discriminated against in landlord/tenant issues. So the discrimination against a sex offender is lawful - it is "lawful discrimination."

I hope this helps and clarifies. Good luck.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88092
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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