Section 12162 - Specific Practices Related to Land Use PracticesTo the extent that public or private land use practices identified in this section require conduct that violates other provisions of the Act and this subchapter, or otherwise restrict, deny, or make a housing opportunity unavailable because of membership in a protected class or the intended occupancy of any dwelling by individuals in a protected class, or which have a discriminatory effect on the basis of membership in a protected class in the absence of a legally sufficient justification, they shall be unlawful. Those practices include actions to enact, modify, enforce, or implement:
(a) Practices requiring persons to take actions against individuals based upon broad definitions of nuisance activities (such as considering a phone call to, or receipt of a visit or service by, law enforcement or emergency services as a nuisance), or based upon broad definitions of unlawful conduct or criminal activity. For purposes of this section, practices requiring persons to take actions against individuals include mandating initiation of eviction procedures against tenants or occupants, prohibiting renewal of an existing tenancy, or requiring the initiation of adverse actions against one or more tenants, occupants or guests;(b) Practices that violate or mandate that other persons violate, Article 24, including practices requiring persons to use specified criminal history records in their business establishment in connection with housing opportunities, prohibiting persons from renting or engaging in transactions covered by this Act on the basis of specified criminal convictions, or mandating initiation of eviction proceedings against tenants and occupants arrested, suspected or convicted of crimes;(c) Practices requiring persons to take actions against individuals based on information related to immigration status or legal residency or otherwise related to enforcement of laws related to immigration. Activities required by federal law or court order are exempt from this provision; and(d) Nothing contained in this section shall affect the nondiscriminatory enforcement of state and local public nuisance laws, provided that those laws do not otherwise conflict with the Act.Cal. Code Regs. Tit. 2, § 12162
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, 12926, 12927, 12955, 12955.6, 12955.8, 12956.1, 12956.2 and 12995, Government Code.
1. New section filed 9-16-2019; operative 1/1/2020 (Register 2019, No. 38).