Imagine if you will, someone with a full head of dreadlocks applied to rent a house you own and manage. He seemed nice enough, his credit and income are OK, but you have your concerns. You are considering passing on him, not because of his race but because of his hair. Is this against the law? I’ll explain.
Yes, not renting to someone because of their hair is clearly against the law in California. Assembly Bill 1815 was recently passed adding a clarifying statement to the Unruh Civil Rights Act saying that the protected class of race includes traits associated with a certain race, including but not limited to texture and hairstyles like braids, locs, and twists. AB 1815 expressly states that it is not a change in the law but a declaratory statement of existing law.
Maybe back in the 1980s if someone did not want to rent to Mr. T, they could claim it was not because of his race but because it was a concern due to his “frohawk” and all his gold chains. Perhaps back then they could have gotten away with it. These days they would be asking for legal trouble.
Is Hair Discrimination a Thing?
Yes, you better believe it is. It is a bigger deal than you may think. Try talking to people with nontraditional hairstyles to get their opinion and you may be surprised what you hear. AB 1815 is not the only law that deals with it.
There is also SB 188 known as the CROWN Act in California which also prohibits discrimination based on hair texture or style. C.R.O.W.N stands for “Create a Respectful and Open World for Natural Hair”. You may not feel like there is any need to outlaw discrimination based on hair, and it is just another crazy California law. Well enough people felt the need to pass H.R. 2116 – CROWN Act of 2022 which is a national law. There is even a legal defense fund.
It is important to remember that we don’t exactly know what it is like to be in someone else’s shoes, skin, or hair for that matter. We may not have the same background or beliefs but in this country, we have the same basic rights and there are laws protecting those rights. As housing providers, we must take extra care to obey those laws.
What About Hair Not Connected to Race, Tattoos, or Piercings?
I am not an attorney, and this is not legal advice. However, the spirit of the law is clear in protecting people who may be different from you from discrimination. Think of it this way; It does not matter how many protected classes there are, discrimination is discrimination. We have a separate blog that gives an overview of California Fair Housing Laws if you would like to explore the subject in more depth.
Qualifying for housing needs to be held to matters directly related to the ability to pay and be based on things like income and credit scores. If you think about it, laws like AB 1815 help protect landlords from themselves by having them focus on what matters, having the rent paid. Think of it this way; a credit score will tell you a lot more of what you need to know than a hairstyle.
Bottom Line
It is against the law for landlords to discriminate based on hair in the state of California. AB 1815 recently passed adding a clarifying statement to the Unruh Civil Rights Act saying that the protected class of race includes traits associated with a certain race, including but not limited to texture and hairstyles like braids, locs, and twists.
This clarifying statement is in line with California state law SB 188 and the national law H.R. 2116 known as the CROWN Act also protecting people from discrimination based on type and style. Even though these protections are rooted in race, landlords should also take care not to discriminate based on hair not connected to race, tattoos, and piercings as they may be protected too.
As housing providers, landlords need to take special care to obey all fair housing laws and not discriminate, even when they do not realize they are doing so. Stick to matters directly related to the ability to pay the rent like income and credit score. That way you will stay out of legal trouble and will find that you get better tenants.
We hope that you found this helpful and informative. Remember we are not attorneys, so we don’t give legal advice. Laws constantly change and vary depending on the specific municipality where the property is located. For legal advice please consult a real estate attorney familiar with the laws in your area.
For Real Estate Advice
If you are looking for a reliable property management company to help you handle a rental property or a real estate broker to guide you through the sales process in Long Beach, Los Angeles, or Orange County, California; or you are just considering it and have a few questions about real estate contact the Mike Dunfee Group today! We are happy to help.
Dunfee Real Estate Services, Inc. DRE # 02026232
