Harassment Prevention Guide for CA Housing Providers

Harassment because of a person’s protected characteristic is a discriminatory housing practice that is prohibited by California law. Housing providers – including landlords, property management companies, emergency shelters, and homeowner associations (HOAs) – are liable for their own conduct that results in harassment or any other discriminatory housing practice.1 In addition, housing providers can be liable for failing to take prompt action to correct and end harassment or another discriminatory housing practice by the housing provider’s employee or agent or by a third party, such as another tenant. Housing providers can consult with an attorney regarding their obligations to prevent and end harassment or any other discriminatory housing practice.

The Civil Rights Department (CRD) is the state agency that enforces California’s fair housing and other civil rights laws. These laws are intended to ensure all Californians have equal opportunities to access employment, housing, public accommodations, and state-funded programs and activities.

The Fair Employment and Housing Act (FEHA) applies to all housing providers in California, and the Unruh Civil Rights Act additionally applies to any housing provider that is also a business of any kind. 

California’s Civil Rights Council enacted regulations that became effective on January 1, 2020 that clarify the obligations under the FEHA related to discriminatory housing practices. This document was produced by the CRD to provide further guidance to California housing providers regarding their obligations and best practices to correct and end harassment.

This guidance is for informational purposes only and does not create any rights or obligations separate from those imposed by the FEHA and its implementing regulations or other laws enforced by CRD.