California Apartment Association

A court brief filed by the California Apartment Association has led a plaintiff to give up her argument that Section 8 recipients are a protected class under California’s Unruh Civil Rights Act.

In Morris v. Sacramento Manor, the tenancy was terminated when the owner decided to stop participating in the Section 8 program.

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

On Feb, 23, 2016, CAA filed a brief in the Appellate Division of the Sacramento Superior Court supporting Sacramento Manor’s right to pull out of Section 8. CAA’s brief presented myriad 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.

Moreover, CAA’s brief described how mandatory participation with burdensome government regulations and procedures significantly impacts the financial viability of a property.

Because of this brief, the plaintiff on April 11 withdrew the protected-class argument and is seeking a new trial based on another issue.

The plaintiff’s abandonment of the protected-class argument marks a major victory for CAA and its members, as it helps preserve the voluntary nature of the Section 8 program as it relates to California’s Unruh Act.

Unlike most anti-discrimination laws, which protect only specific enumerated classes, Unruh 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.

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.