Legal Question in Real Estate Law in California

Landlord Rights

Does the owner/occupant of a single-family house have

the right to discriminate in his choice of tenants for

the room(s)that he rents?


Asked on 7/10/01, 8:22 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Landlord Rights

The Unruh Civil Rights Act forbids discrimination in housing, etc. by "business establishments" of any kind whatsoever. See Civil Code section 51 et seq. on line or at a library.

I looked at a number of cases interpreting the law to see whether an owner/occupant as you describe would be considered a business establishment. I found no directly applicable case. The cases I saw interpret the phrase very broadly.

In summary, I could never advise this O/O that it was okay to discriminate. If the O/O did and was sued, and I were doing the defense, I would feel we had a reasonably good chance to win.

My advice on both legal and moral grounds would be not to discriminate in the first place.

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Answered on 7/11/01, 6:24 pm


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