Cal. Code Regs. tit. 2 § 12051

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 12051 - Exceptions

It shall not constitute unlawful discrimination under this section:

(a) For a person to make a written or oral inquiry concerning the level or source of income as specified in section 12141(b);

(b) For a person sharing the living areas in a single dwelling unit to use words stating or tending to imply that the housing being advertised is available only to persons of one sex;

(c) For a person to refer to a protected basis, such as age, disability, or military or veteran status, where eligibility for a government subsidized housing opportunity requires the person to consider the protected basis;

(d) For a person to refer to a protected basis when seeking to establish a noncommercial personal roommate arrangement, where "noncommercial personal roommate arrangement" means an arrangement "in which no monetary or other consideration is exchanged for the housing opportunity." Traditional residential rental agreements, leases, subleases, and short-term rentals, as defined by section 22590 of the Business and Professions Code, are not included in this definition; or

(e) For a person to state an age-based preference or requirement for housing for older persons in relation to housing meeting the requisite criteria of Government Code section 12955.9. For purposes of this subsection, the burden of proof shall be on the respondent to prove that the housing qualifies as housing for older persons.

Cal. Code Regs. Tit. 2, § 12051

Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12926, 12927, 12955, 12955.6, 12955.8, 12955.9 and 65008, Government Code.

1. New section filed 11-19-2021; operative 1/1/2022 (Register 2021, No. 47).
2. Amendment of subsection (d) filed 11-22-2023; operative 1/1/2024 (Register 2023, No. 47).