Feature

Forty Years Later – California;s Fair Housing Laws Are More Important Than Ever

by Dennis Hayashi

For most Californians, the most difficult part of moving to a new home or apartment is poring over ads to find just the perfect choice. This usually includes a location close to work or school, with lots of desirable features and amenities, as well as a comfortable mortgage or lease cost. For others, the thought of relocating to a new residence is accompanied by fear, intimidation and outright denial of housing.

Every year, thousands of potential renters and homeowners face housing discrimination, even though California has some of the strongest fair housing laws in the nation. Special attention is being brought to this issue, since this year marks the 40th anniversary of the Rumford Fair Housing Act that prohibits discrimination in the rental, purchase and sale of housing accommodations. The Rumford Act, signed by then Governor Edmund G. Brown, was the result of groundbreaking efforts of civil rights’ pioneers to open doors to housing opportunities long closed by racial and religious discrimination. It was the nation’s first housing anti-discrimination law, preceding the federal Fair Housing Act by five years. The recent death of Vima Canson of Sacramento, one of the pioneers of this landmark legislation, serves to remind us all of the tremendous gains that have been made to guard against housing bias.

Why then, given the legacy and strength of California statutes, do these patterns of unlawful evictions, harassment and refusal to sell or rent still exist? Nearly 1,000 formal complaints of housing discrimination are filed each year with the state Department of Fair Employment and Housing (DFEH), while many more incidents are reported to local fair housing groups. Among the most common victims are families with children, persons with mental and physical disabilities and persons belonging to certain racial or ethnic groups. No particular area of the state is exempt from unlawful activity.

The reasons are complex and multifaceted, so any strategy to overcome and prevent systematic housing discrimination must be equally comprehensive. Difficult? Yes. Impossible? No.

To increase awareness and education is an essential first step in preventing discrimination. Recently, Governor Davis called for both the public and private sectors to make greater efforts in providing more education about fair housing laws and in promoting fair housing practices. Landlords, property owners and managers must educate themselves about their responsibilities under the law and insure that their employees are properly trained. Rental property owners and management associations throughout the state are taking proactive steps to inform their memberships of their respective roles in preventing housing discrimination. Local fair housing groups and human relations commissions often provide similar training. DFEH also conducts regular meetings with housing providers and advocates where they promote knowledge and compliance with fair housing laws.

Second, whenever and wherever discrimination is found, fair housing laws must be vigorously enforced. Although most housing providers willingly comply with the law, others choose to ignore their obligations. DFEH works hand-in-hand with the U.S. Department of Housing and Urban Development (HUD), housing providers and fair housing advocates to increase compliance with state and federal laws and provide remedies for victims.

Third, when appropriate, housing providers and victims of discrimination should attempt to resolve complaints outside of costly litigation in the courts. Many of the complaints filed with DFEH are resolved through conciliation, a process that brings the parties in conflict together to reach a solution acceptable to both. Finally, an upcoming federal/state partnership will allow parties to mediate complaints outside of the DFEH enforcement process.

As we look ahead to the next 40 years, we can be proud of the progress that has been made. However, we each bear the responsibility for creating new opportunities to build on what has been accomplished and to ensure that discrimination is fully addressed. We can and we will do more. Each of us must accept this challenge as our own.

The opinions expressed in this article are those of the author and do not necessarily reflect the viewpoint of the SFAA or the San Francisco Apartment Magazine. Dennis Hayashi is the director of California’s DFEH. DFEH enforces laws prohibiting discrimination in employment, housing, public accommodations and acts of hate violence.