Housing: discrimination.

(1) Existing law presumes that a housing development for senior citizens constructed on or after January 1, 2001, is designed to meet the physical and social needs of senior citizens for purposes of meeting existing laws regarding age discrimination in housing if the housing development includes specified elements, except housing as to which these provisions are preempted by federal law, as provided. This bill would provide that selection preferences based on age, imposed in connection with federally approved housing programs, do not constitute age discrimination in housing. (2) Under the California Fair Employment and Housing Act, it is unlawful for the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income, or disability of that person. The act also provides that, with respect to these unlawful practices, proof of a violation of these provisions includes an act that demonstrates an intent to, or has the effect of, discriminating against a person on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, or disability. This bill would specify that an act that demonstrates an intent to, or has the effect of, discriminating against a person based on his or her source of income is proof of a violation of these provisions. The bill would also define "source of income" for purposes of these provisions. (3) Existing law requires the Fair Employment and Housing Commission, if it finds that a respondent has engaged in any unlawful practice under the California Fair Employment and Housing Act, to require the respondent to cease and desist from the practice and take actions to effectuate the purposes of the act, including, but not limited to, the payment to the complainant of a civil penalty, not to exceed $10,000, or not to exceed $25,000 if there had been a prior violation within 5 years preceding the filing of the complaint, or not to exceed $50,000 if there had been 2 or more violations within 7 years preceding the filing of the complaint. This bill would increase the payment of a civil penalty to not exceed $16,000, or not to exceed $37,500 if there had been a prior violation within 5 years preceding the filing of the complaint, or not to exceed $65,000 if there had been 2 or more violations within 7 years preceding the filing of the complaint. (4) The bill would also include a statement of legislative intent regarding discrimination in housing.