Section 12010 - Liability for Discriminatory Housing Practices(a) Direct Liability. (1) A person is directly liable for: (A) The person's own conduct that results in a discriminatory housing practice.(B) Failing to take prompt action as determined on a case-by-case basis to correct and end a discriminatory housing practice by that person's employee or agent, where the person knew or should have known of the discriminatory conduct, including because supervisors, managers, or principals of the person had or should have had such knowledge.(C) Failing to take prompt action as determined on a case-by-case basis to correct and end a discriminatory housing practice by a third-party, where the person knew or should have known of the discriminatory conduct and had the power to correct it. The power to take prompt action to correct and end a discriminatory housing practice by a third-party depends upon the extent of any legal responsibility or authority the person may have with respect to the conduct of such third party. The power, responsibility, or authority can be derived from sources including contracts, leases, common interest development governing documents, or by federal, California, or local laws, regulations, or practices.(2) For purposes of determining liability under this section, prompt action to correct and end the discriminatory housing practice may not include any action that penalizes or harms the aggrieved person, such as eviction of the aggrieved person. An aggrieved person has a right to raise the discriminatory housing practice as an affirmative defense to an unlawful detainer action.(3) An employee or agent may be directly liable for a discriminatory housing practice, regardless of whether the employee's or agent's employer or principal knew or should have known of the conduct or failed to take appropriate corrective action.(b) Vicarious Liability. Vicarious liability is a form of responsibility that makes a person liable for the discriminatory housing practice of a third party, regardless of whether the person knew or should have known of the conduct by the third party that resulted in the discriminatory housing practice. A person covered by these regulations is vicariously liable for discriminatory practices by their agent or employee, regardless of whether they knew or should have known about the conduct, unless California agency law requires a different outcome and that outcome is not in conflict with the federal Fair Housing Act. (1) Whether there is an agency relationship between a person and a third party that results in liability for a discriminatory housing practice is a question of fact. However, a discriminatory housing practice can be found to occur even if it violates an agent's or employee's official duties, does not benefit the agent or employer, is willful or malicious, or disregards the agent's or employer's express orders.(2) An agent or employee may be considered to be acting within the course and scope of the agency or employment relationship even if his or her discriminatory housing practice occurs incidental to the agent's or employee's job-related tasks. For example, a person may be liable for harassment committed by their employee on the premises of a dwelling for work-related reasons such as conducting repairs, even though harassment is not part of the employee's job duties.Cal. Code Regs. Tit. 2, § 12010
1. New section filed 9-16-2019; operative 1-1-2020 (Register 2019, No. 38). Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12927, 12955 and 12983, Government Code.
1. New section filed 9-16-2019; operative 1/1/2020 (Register 2019, No. 38).