Homeowners associations (HOAs) in California are expected to manage residential communities fairly, but unfortunately, discrimination can still occur. Whether it’s racial, religious, or disability-based, homeowners have legal protections that safeguard their rights in these situations.
California residents are covered by both federal and state laws that prohibit housing discrimination within HOAs, with enforcement options that may include administrative complaints and, in some situations, court proceedings.

Understanding HOA Discrimination in California

In California, homeowners associations must abide by a set of state and federal laws that protect residents from discrimination. These laws generally prohibit HOAs from discriminating against individuals based on race, color, national origin, religion, sex, familial status, or disability. When an HOA discriminates against a resident or a group of residents—such as by refusing to consider a reasonable accommodation or by applying rules in a discriminatory manner—there may be legal avenues to challenge the conduct.

Federal and State Laws Protecting Homeowners

The Fair Housing Act (FHA), part of the Civil Rights Act of 1968, is a cornerstone of housing discrimination law in the United States. It makes it illegal for many housing providers, including HOAs in appropriate circumstances, to discriminate against a person based on the protected characteristics listed above. Under the FHA, individuals may be able to challenge discriminatory practices through a complaint process (including with the U.S. Department of Housing and Urban Development (HUD)) and, in some cases, through litigation.
California’s fair housing laws may provide additional protections and enforcement options. The California Fair Employment and Housing Act (FEHA) generally complements federal law and also includes additional protected characteristics under California law. Disability discrimination is a key concern, especially when HOAs deny reasonable accommodations or reasonable modifications that may be required by law.

Common Types of Discrimination in HOAs

Discrimination in HOAs can manifest in various ways. Some of the most common types include:
HOA Racial Discrimination: Refusing to sell, rent, or offer services to individuals based on their race or ethnicity.
Religious Discrimination in HOAs: Denying access to common areas or facilities based on religious beliefs or practices.
HOA Familial Status Discrimination: Restricting families with children from renting or owning property, or imposing overly restrictive rules on them.
Disability Discrimination: Refusing to consider reasonable accommodations for individuals with physical or mental disabilities, such as requests related to mobility access or assistance animals.
These types of discrimination can create a hostile environment for residents and may violate federal and/or California fair housing laws.

Legal Protections Against Discrimination in HOAs

Homeowners in California may have protections under both federal and state laws when it comes to discrimination by their HOA. These protections often involve reasonable accommodations, reasonable modifications, and dispute resolution.

Reasonable Accommodations

A key component of the Fair Housing Act is the requirement to provide reasonable accommodations for individuals with disabilities in certain circumstances. This generally means that an HOA may need to make reasonable exceptions or adjustments to its policies or rules when necessary to allow a resident with a disability to use and enjoy their housing, unless an exception is not required under the law (for example, due to undue financial/administrative burden or a fundamental alteration).
For example, a request related to an assistance animal (which can include an emotional support animal) may be a reasonable accommodation even if community rules otherwise prohibit pets, depending on the facts and appropriate supporting information. Similarly, an HOA may be required to consider requests for access-related accommodations.

Reasonable Modifications

In addition to accommodations, HOAs may be required to allow reasonable modifications to a resident’s dwelling and, in some situations, to common areas, when needed because of a disability. Examples can include grab bars in bathrooms or widening doors for wheelchair access. Depending on the circumstances, the requesting party may be responsible for costs and the HOA may be permitted to impose reasonable conditions consistent with applicable law.

Dispute Resolution and Legal Action

When an HOA refuses to comply with fair housing requirements, residents may have options. Depending on the circumstances, a resident may be able to file a fair housing complaint with the California Civil Rights Department (CRD) or HUD, and may also have the option to pursue a lawsuit in state or federal court. Potential outcomes can vary and may include orders requiring corrective action, damages, and/or civil penalties, depending on the forum and the facts.

How to Address Discrimination in Your HOA

If you believe you’ve been subjected to HOA discrimination, some commonly discussed steps include:
Document the Incident: Keep records of any potentially discriminatory actions, including emails, letters, and notes from meetings.
Review Governing Documents: Review the Covenants, Conditions, and Restrictions (CC&Rs) and other governing documents to understand the rules being applied and whether they appear to be enforced consistently.
Request a Reasonable Accommodation: If the issue involves a disability, consider making a written request for a reasonable accommodation or modification through the HOA’s process.
Consider Legal Information: You may wish to review fair housing resources or speak with a qualified California attorney to understand potential options.

The Role of the HOA Board

HOA boards are responsible for helping ensure that community rules and enforcement practices comply with applicable law. In some circumstances, discriminatory conduct can expose an association to liability, and depending on the facts, individual board members or other individuals may also face potential exposure. Homeowners may be able to challenge certain actions through administrative processes and/or the courts.

Protect Your Rights with LS Carlson Law

Discrimination within an HOA can be stressful, and California law provides protections for homeowners and residents. This article is for general informational purposes and is not legal advice. If you have questions about a specific situation, consider seeking guidance from a qualified California attorney.