California Apartment Association

Should Section 8 voucher holders be considered a new protected class under California’s Unruh Civil Rights Act? The plaintiff in Morris v. Sacramento Manor thinks so.

In that case, the tenancy was terminated when the owner decided not to participate in the Section 8 program anymore.

The tenant argues that Section 8 recipients should be considered a new protected class under the Unruh Act’s prohibition against any arbitrary discrimination.

Unlike most anti-discrimination laws, which protect only specific enumerated classes, California’s Unruh Act has been interpreted to prohibit any “arbitrary” discrimination.

Courts have previously found discrimination based on the following categorizations to be arbitrary: males with long hair, families with children (before being specifically listed in fair housing law), occupation as police officer.

By contrast, use of minimum income standards by landlords and discrimination based on someone’s status as an ex-felon have not been found to violate the Unruh Act.

In evaluating proposed new protected classes, the courts must now consider the legitimate business interests of the defendant, as well as the consequences of allowing the new discrimination claim. Since this test was imposed by the California Supreme Court in 1991, no new “arbitrary” classifications have been added by the courts.

On Feb, 23, CAA filed a brief in the Appellate Division of the Sacramento Superior Court in support of Sacramento Manor’s right to pull out of the Section 8 program. CAA’s brief highlights a myriad of valid business and policy reasons why owners should not be forced in to the program and why it should remain voluntary as intended under federal law. CAA’s brief describes how mandatory participation with burdensome government regulations and procedures significantly impacts the financial viability of a property.

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March 3

CAA supports voluntary Section 8, not mandatory

Property owners would have to rent to Section 8 voucher holders under legislation proposed by Sen. Mark Leno, D-San Francisco. The California Apartment Association will oppose the legislation, SB 1053, which would make it unlawful to deny housing based on an applicant receiving Section 8 assistance.