When California tenants remain in their unit long-term, they often settle in by acquiring more possessions, ingratiating themselves in the neighborhood, making their house a home, and, frequently, having children.  Many landlords find tenants with children problematic and prefer not to rent to families.  Where long-term California tenants have, adopt, or obtain custody of a child, some nefarious landlords may increase rent in response.  But, is this permissible?  Can the landlord increase a California tenant’s rent where children are present?

Can Your Landlord Impose A Rent Increase For Having A Baby?

In California, rent increases imposed for having a baby are unlawful.  California tenants have several protections from these rent increases, including at the federal, state, and local levels.  Any rent increase related to a newborn baby residing in the unit is void.

The Fair Housing Act (“FHA”) makes it unlawful for California landlords to impose a rent increase for having a baby.  Specifically, the law makes it, “unlawful to discriminate against any person in the terms, conditions, or privileges or sale or rental of a dwelling, or in the provision of services to facilities in connection therewith, because of…familial status.”  42 U.S.C. § 3604(b).  Familial status includes children under 18 years that live with the parent, or another person that has legal custody of the child.  42 U.S.C. § 3602(k)(1).  As the United States District Court states, “[f]amilial status discrimination thus entails discrimination against families with children.”  Additionally, the United States Housing & Urban Development published a handout making unequivocally clear that housing discrimination against families with children is illegal.

Per HUD, California tenants suffering family discrimination may report the offending conduct by calling HUD at (800) 669-977 or reporting the landlord here.

The California Fair Employment & Housing Act (“FEHA”) operates at the state level to also prohibit discrimination against California tenants with children.  FEHA expressly includes familial status as a form of prohibited housing discrimination.  Government Code § 12955.  FEHA defines familial status as a child under 18 residing with the California tenant that is their parent, other legal guardians, or the parent’s designee.  Government Code § 12955.2.  Thus, California tenants can assert the FEHA to invalidate any rent increase imposed upon the tenant for having a baby.

Additionally, California tenants may rely on the Unruh Civil Rights Act (“Unruh Act”), codified at Civil Code section 51, to invalidate rent increases imposed upon the tenant for having a baby.  The Unruh Act provides all persons in California, “to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.”  Civil Code § 51(b).  In McCalden v. California Library Ass’n, 955 F. 2d 1214 (9th Cir. 1990), the Ninth Circuit noted that the Unruh Act protects families with children.  Id. at 1221.

Federal and California laws are clear.  California tenants are protected from rent increases imposed for having newborn children.  Therefore, any such rent increase is void.

Can Your Landlord Impose A Rent Increase for Adopting a Child?

No, Federal and California laws protect California tenants from rent increases imposed on them for adopting a child.  42 U.S.C. § 3604; 42 U.S.C. § 3602(k)(1); Government Code §§ 12955, 12955.2.

Can Your Landlord Impose A Rent Increase for Obtaining Custody of Your Child?

No, Federal and California laws protect California tenants from rent increases imposed on them for obtaining legal custody of a child.  42 U.S.C. § 3604; 42 U.S.C. § 3602(k)(1); Government Code §§ 12955, 12955.2.

Certain California Cities Also Protect California Tenants From Rent Increases For Having A Baby

In addition to the federal and state laws described above, California tenants in certain cities also have protections from rent increases imposed on children occupants.  These laws reaffirm the FHA, FEHA, and Unruh Act’s broad protections.  They entitle the California tenant to additional damages if the California tenant is forced to file a lawsuit based on family discrimination.

San Francisco Tenants Are Protected From Rent Increases Imposed for Having Children

The San Francisco Rent Ordinance prohibits discrimination, and makes it a form of landlord harassment.  San Francisco Administrative Code § 37.10B(a)(9).  Additionally, the San Francisco Tenant Protection Ordinance specifically references parenthood.  And, where the unlawful rent increase is part of a campaign of harassment designed to coerce the San Francisco tenant from their home, the tenant may file a lawsuit seeking injunctive relief, the greater of three times actual damages and emotional distress damages, or a statutory penalty of $1,000, and any other relief the court deems appropriate.

Oakland Tenants Are Protected From Rent Increases Imposed for Having Children

The Oakland Rent Ordinance also prohibits discrimination, and makes it a form of landlord harassment.  Oakland Municipal Code § 8.22.640.  Specifically, the Oakland Tenant Protection Ordinance makes Unruh Act violations a form of tenant harassment.  Oakland Municipal Code § 8.22.640(a)(18).  Upon prevailing in a lawsuit for a violation of the Oakland Tenant Protection Ordinance, the Oakland tenant may recover damages.

Los Angeles Tenants Are Protected From Rent Increases Imposed for Having Children

The Los Angeles Tenant Anti-Harassment Ordinance also protects Los Angeles tenants from engaging in any activity that violates federal, state, or local housing anti-discrimination laws, such as the FEHA.  Los Angeles Municipal Code § 45.33.  The Los Angeles tenant harassment ordinance contains a private right of action empowering Los Angeles tenants to file a lawsuit in court.  Los Angeles Municipal Code § 45.35.  Under the law, Los Angeles tenants may recover actual damages, return of rent damages, a $10,000 civil penalty awarded per violation, and punitive damages.  Where the Los Angeles tenant suffered harassment as a senior (older 65 years old) or disabled, they are entitled to recover an additional $5,000 per violation.  Additionally, the Los Angeles Tenant Anti-Harassment Ordinance allows a prevailing tenant to recover their attorney fees and court costs.

West Hollywood Tenants Are Protected From Rent Increases Imposed for Having Children

West Hollywood tenants are also protected from rent increases imposed for having children occupy the unit.  West Hollywood Municipal Code § 17.52.090.  Specifically, the West Hollywood Tenant Protection Ordinance prohibits landlords from, “[e]ngaging in activity prohibited by law prohibiting housing discrimination, including …familial status…”  Id.

Richmond Tenants Are Protected From Rent Increases Imposed for Having Children

Richmond tenants are also protected from rent increases imposed for having children.  Richmond Municipal Code § 11.103.060.  Specifically, the Richmond Tenant Protection Ordinance prohibits discrimination based on parenthood.  Id.