Section 12155 - Residential Real Estate-Related Practices with Discriminatory Effect(a) Residential real estate-related practices may have a discriminatory effect. A residential real estate-related practice that has a discriminatory effect is prohibited unless there is a legally sufficient justification for the practice. Residential real estate-related practices that are prohibited absent a legally sufficient justification include:(1) Making available, or making unavailable, a residential real estate-related transaction in a manner that results in a discriminatory effect based on membership in a protected class;(2) Establishing the terms or conditions of a residential real estate-related transaction in a manner that results in a discriminatory effect based on membership in a protected class;(3) Failing or refusing to provide information regarding a residential real estate-related transaction; failing or refusing to provide information regarding application requirements, procedures, or standards for the review and approval of the residential real estate-related transaction; or providing information which is inaccurate or different from that provided others in a manner that that results in a discriminatory effect based on membership in a protected class;(4) Imposing different terms or conditions on the availability of a residential real estate-related transaction in a manner that results in a discriminatory effect based on membership in a protected class;(5) Determining the price or other terms or conditions in connection with a residential real estate-related transaction in a manner that results in a discriminatory effect based on membership in a protected class;(6) Subjecting a person to harassment that affects a residential real estate-related transaction, in a manner that results in a discriminatory effect based on membership in a protected class; and(7) Conditioning the availability of a residential real estate-related transaction, or the terms or conditions thereof, on a person's response to harassment in a manner that results in a discriminatory effect based on membership in a protected class.(8) Using different policies, practices, or procedures in evaluating or in determining creditworthiness of any person in connection with the provision of financial assistance in a manner that results in a discriminatory effect based on membership in a protected class.(b) Residential real estate-related practices are also prohibited if they intentionally discriminate on the basis of membership in a protected class.Cal. Code Regs. Tit. 2, § 12155
1. New article 14 (section 12155) and section filed 9-16-2019; operative 1-1-2020 (Register 2019, No. 38).
2. Amendment of article heading, new subsection (a)(8) and amendment of NOTE filed 11-19-2021; operative 1-1-2022 (Register 2021, No. 47). Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12926, 12926.1, 12927, 12948, 12955, 12955.6 and 12955.8, Government Code.
1. New article 14 (section 12155) and section filed 9-16-2019; operative 1/1/2020 (Register 2019, No. 38).
2. Amendment of article heading, new subsection (a)(8) and amendment of Note filed 11-19-2021; operative 1/1/2022 (Register 2021, No. 47).