California Government Code 12955.9 – (a) The provisions of this part relating to discrimination on …
(a) The provisions of this part relating to discrimination on the basis of familial status shall not apply to housing for older persons.
(b) As used in this section, “housing for older persons” means any of the following:
Terms Used In California Government Code 12955.9
- Discrimination: includes refusal to sell, rent, or lease housing accommodations. See California Government Code 12927
- Owner: includes the lessee, sublessee, assignee, managing agent, real estate broker or salesperson, or any person having any legal or equitable right of ownership or possession or the right to rent or lease housing accommodations, and includes the state and any of its political subdivisions and any agency thereof. See California Government Code 12927
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
(1) Housing provided under any state or federal program that the Secretary of Housing and Urban Development determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program.
(2) Housing that meets the standards for senior housing in Sections 51.2, 51.3, and 51.4 of the Civil Code, except to the extent that those standards violate the prohibition of familial status discrimination in the federal Fair Housing Amendments Act of 1988 (Public Law 100-430) and implementing regulations.
(3) Mobilehome parks that meet the standards for “housing for older persons” as defined in the federal Fair Housing Act, as amended by Public Law 104-76, and implementing regulations.
(c) For purposes of this section, the burden of proof shall be on the owner to prove that the housing qualifies as housing for older persons.
(Amended by Stats. 2016, Ch. 714, Sec. 9. (SB 944) Effective January 1, 2017.)