Fair Housing Act

The Fair Housing Act, a federal law, covers most housing. In very limited circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family houses sold or rented by the owner without the use of an agent, and housing operated by religious organizations and private clubs that limit occupancy to members.

The Fair Housing Act prohibits discrimination in housing because of:

Race or color
National Origin
Religion
Sex (including gender identity and sexual orientation)
Familial status (including children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody of children under 18)
Disability

In California, the Fair Housing laws, Fair Employment and Housing Act (FEHA) make sure that everyone has an equal chance to rent or buy a home. Affordable Housing Providers are not allowed to treat people unfairly because of things like race, religion, family status, disability, or other protected reasons.

One important rule is about Source of Income. This means that Affordable Housing Providers cannot say “no” to someone just because of where their money comes from.

For example:

If someone pays rent with a job paycheck, that’s a source of income.
If someone pays rent with Social Security, a housing voucher (like Section 8), or other benefits, that’s also a legal source of income.

Affordable Housing Providers must look at all legal income sources fairly. They can check if a tenant can afford the rent, but they cannot refuse someone only because they use a housing voucher or other lawful assistance.

Sources Of Income FAQ

Violations include but are not limited to:

Refusal to sell, rent, or lease rooms, apartments, condos or houses to protected individuals
Sexual harassment involving unwanted sexual advances or requiring sexual favors for housing rights or privileges
Refusal to make reasonable accommodations in housing rules, policies, practices, or services where necessary to afford a disabled person equal opportunity to use and enjoy a dwelling
Offering inferior terms, conditions, privileges, facilities or services in connection with the housing accommodation
Policies, practices, terms, or conditions that result in unequal access to housing or housing-related services

The California law protects individuals from illegal discrimination by housing providers based on the following:

Race, color
Ancestry, national origin
Citizenship, immigration status*
Primary language
Age
Religion
Disability, mental or physical
Sex, gender
Sexual orientation
Gender identity, gender expression
Genetic information
Marital status
Familial status
Source of income
Military or veteran status
*Covered under the Unruh Civil Rights Act, which applies to most housing accommodations in California.

How OHA Promotes Equal Access To Housing

OHA provides equal access to its programs by providing:

Limited English Proficiency
- The Limited English Proficiency Initiative provides funding for creating and promoting translated materials and other programs to support the assistance of persons with limited English proficiency in utilizing the services provided by the Oakland Housing Authority. [Find the OHA Administrative Plan; Chapter 2, Part 3 on the Policies and Procedures Page
Fair Chance Ordinance
- OHA follows the CA FHEO and City of Oakland Fair Chance Ordinance. Watch a video about Fair Chance Ordinance about it. Read the Fair Chance Ordinance pdf for more information.
Reasonable Accommodations
- Outlined in detail below.

Reasonable Accommodations

Reasonable Accommodations for persons with a disability in rules, policies, practices or services if it may be necessary for you to have full access to our programs or for you to use the housing on an equal basis with non-disabled persons. Learn more about OHA’s Reasonable Accommodations Process.

A reasonable accommodation is a change, exception or adjustment to a rule, policy practice or service that may be necessary for the person with a disability to have an equal opportunity to the Housing Authority’s programs and services.

A person with a disability is any person who:

Has a physical or mental impairment that substantially limits one or more of the major life activities of an individual; or
Has a record of having such impairment; or
Is regarded as having such impairment

If they do not meet this definition, OHA shall apply the definition of “Disability” under California’s Fair Employment and Housing Act.

Through HUD Section 504, OHA ensures that a “qualified” person with a handicap:

Is afforded an opportunity equal to that afforded to others
Is provided housing and benefits as effective as those afforded to others
Is not provided different or separate housing or benefits unless necessary to provide the person with a handicap with housing and benefits that are as effective as those provided to others

OHA’s employees are responsible for ensuring that the agency does not discriminate against a person with a disability by refusing to make a reasonable accommodation that may be necessary to allow that person equal access under any of the programs administered by OHA.

Under the Fair Housing Act, OHA is responsible for making reasonable accommodations and structural modifications to property it owns, and/or manages, to allow a person with disabilities equal access and equal opportunity to use and enjoy the dwelling and common areas, unless doing so would result in a fundamental alteration of the program or is an undue financial and administrative burden.

A reasonable modification is a structural change made to existing premises, occupied or to be occupied by a person with a disability, in order to afford such person full enjoyment of the premises.  Reasonable modifications can include structural changes to interiors and exteriors of dwellings and to common and public use areas.  A request for a reasonable modification may be made at any time during the tenancy.  The Act makes it unlawful for a housing provider or homeowners’ association to refuse to allow a reasonable modification to the premises when such a modification may be necessary to afford persons with disabilities full enjoyment of the premises.

To show that a requested modification may be necessary, there must be an identifiable relationship, or nexus, between the requested modification and the individual’s disability.  Further, the modification must be “reasonable.”  Examples of modifications that typically are reasonable include widening doorways to make rooms more accessible for persons in wheelchairs; installing grab bars in bathrooms; lowering kitchen cabinets to a height suitable for persons in wheelchairs; adding a ramp to make a primary entrance accessible for persons in wheelchairs; or altering a walkway to provide access to a public or common use area.  These examples of reasonable modifications are not exhaustive.

If you need assistance, and are using a TDD device, please call (510) 587-7119.

For more information on Reasonable Accommodations, or if this is a domestic violence, dating violence, sexual assault, or stalking related request, please contact the Fair Housing Specialist:

Melissa Benik
(510) 874-1546
reasonableaccomodationvmb@oakha.org

Requesting Reasonable Accommodation

A reasonable accommodation request(s) may be made by or on behalf of a person with a disability to any OHA staff. If a participant or applicant indicates that an exception, change, or adjustment to a rule, policy, practice or service is needed because of a disability, the OHA must treat that information as a request for a reasonable accommodation even if no formal written request is made.

Verbal requests are the most common types of requests. In cases such as these, the participant is provided a “Request for a Reasonable Accommodation” form (RA form #OHA290104). Be advised that if the participant or applicant does not complete the “Official RA form,” it does not negate or cancel out the fact that a reasonable accommodation request was made.

Violence Against Women Act

The Violence Against Women Act (VAWA) is a law that provides protections for survivors of domestic violence, dating violence, sexual assault, and/or stalking from being discriminated against by certain housing providers because of the abuse committed against them. Despite the name of the law, VAWA’s protections apply regardless of sex, sexual orientation, or gender identity. For more information, please see the Domestic Violence Resources.

Please contact the Fair Housing Specialist at:
Melissa Benik
(510) 874-1546, For TDD call 510-587-7119
reasonableaccomodationvmb@oakha.org

Reasonable Accommodation VAWA Notice of Occupancy Rights California Fair Housing Source of Income