California Civil Code

§ 51.10

CIV § 51.10 Effective Jan 1, 2011Div. 1 · Part 2

Statute text

(a)Section 51 shall be construed to prohibit a business establishment from discriminating in the sale or rental of housing based upon age. A business establishment may establish and preserve housing for senior citizens, pursuant to Section 51.11, except housing as to which Section 51.11 is preempted by the prohibition in the federal Fair Housing Amendments Act of 1988 (Public Law 100-430) and implementing regulations against discrimination on the basis of familial status.

(b)This section is intended to clarify the holdings in Marina Point, Ltd. v. Wolfson (1982) 30 Cal.3d 721, and O’Connor v. Village Green Owners Association (1983) 33 Cal.3d 790.

(c)Selection preferences based on age, imposed in connection with a federally approved housing program, do not constitute age discrimination in housing.

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Legislative history

Amended by Stats. 2010, Ch. 524, Sec. 3. (SB 1252) Effective January 1, 2011.