California Code of Regulations
Title 10 - Investment
Chapter 6 - Real Estate Commissioner
Article 10 - Discrimination and Panic Selling
Section 2780 - Discriminatory Conduct as the Basis for Disciplinary Action

(a) Refusing to negotiate for the sale, rental or financing of the purchase of real property or otherwise making unavailable or denying real property to any person because of that person's protected class.

(b) Refusing or failing to show, rent, sell or finance the purchase of real property to any person or refusing or failing to provide or volunteer information to any person about real property, or channeling or steering any person away from real property, because of that person's protected class or because of the racial, religious, or ethnic composition of any occupants of the area in which the real property is located.

(c) Discriminating against any person because of that person's protected class in the sale or purchase or negotiation or solicitation of the sale or purchase or the collection of payment or the performance of services in connection with contracts for the sale of real property or in connection with loans secured directly or collaterally by liens on real property or on a business opportunity.

Prohibited discriminatory conduct by a real estate licensee under this subdivision does not include acts based on a person's marital status which are reasonably taken in recognition of the community property laws of this state as to the acquiring, financing, holding or transferring of real property.

(d) Discriminating against any person because of that person's protected class in the terms, conditions or privileges of sale, rental or financing of the purchase of real property.

This subdivision does not prohibit the sale price, rent or terms of a housing accommodation providing facilities or services for persons with physical disabilities to differ from a housing accommodation not containing such facilities, if the difference in sale price, rent or terms is reasonably related to the cost or difficulty of providing those facilities or services.

(e) Discriminating against any person because of that person's protected class in providing services or facilities in connection with the sale, rental or financing of the purchase of real property, including but not limited to: processing applications differently, referring prospects to other licensees because of the prospective client's protected class, using with discriminatory intent or effect, codes or other means of identifying a prospective client's protected class, or assigning real estate licensees on the basis of a prospective client's protected class.

Prohibited discriminatory conduct by a real estate licensee under this subdivision does not include acts based on a person's marital status which are reasonably taken in recognition of the community property laws of this state as to the acquiring, financing, holding or transferring of real property.

(f) Representing to any person because of that person's protected class that real property is not available for inspection, sale or rental when such real property is in fact available for inspection, sale or rental.

(g) Processing an application more slowly or otherwise acting to delay, hinder or avoid the sale, rental or financing of the purchase of real property on account of the protected class of a potential owner or occupant.

(h) Making any effort to encourage discrimination against any protected class, or against any person because of that person's protected class in the showing, sale, lease or financing of the purchase of real property.

(i) Refusing to cooperate with or refusing to assist another real estate licensee in negotiating the sale, rental or financing of the purchase of real property because of the protected class of the prospective purchaser, occupant or tenant.

(j) Making any effort to obstruct, hinder or otherwise discourage the purchase, lease or financing of the purchase of real property by persons whose protected class differs from that of persons presently residing in a structural improvement to real property or in an area in which the real property is located.

(k) Performing any acts, making any notation, asking any questions or making or circulating any written or oral statement which when taken in context, expresses or implies a limitation, preference or discrimination based upon a person's protected class.

Prohibited discriminatory conduct under this subdivision does not include the administering of forms or the making of a notation required by a federal, state or local agency for data collection or civil rights enforcement purposes; or in the case of a person with a physical disability, making notation, asking questions or circulating any written or oral statement to the extent necessary to reasonably accommodate that person's disability.

(l) Making any effort to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of such person's having exercised or enjoyed, or on account of such person's having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by a federal or state law, including but not limited to:

(m) Soliciting of sales, rentals or listings of real estate from any person, but not from another person within the same area because of differences in the protected class of such persons.

(n) Discriminating because of protected class in informing persons of the existence of waiting lists or other procedures with respect to the future availability of real property for purchase or lease.

(o) Making any effort to discourage or prevent the rental, sale or financing of the purchase of real property because of the presence or absence of occupants of a particular protected class, or on the basis of the future presence or absence of occupants of a particular protected class, whether actual, alleged or implied.

(p) Making any effort to discourage or prevent any person from renting, purchasing or financing the purchase of real property through any representations of actual or alleged community opposition based upon a protected class.

(q) Providing information or advice to any person concerning the desirability of particular real property or a particular residential area(s) which is different from information or advice given to any other person with respect to the same property or area because of differences in protected class of such persons.

This subdivision does not limit the giving of information to persons with physical disabilities for the purpose of calling to the attention of such persons the existence or absence of housing accommodation services or housing accommodations related to that person's disability.

(r) Refusing to accept a rental or sales listing or application for financing of the purchase of real property because of the owner's protected class or because of the protected class of any of the occupants in the area in which the real property is located.

(s) Entering into an agreement, or carrying out any instructions of another, explicit or understood, not to show, lease, sell or finance the purchase of real property from or to any person or group of persons because of that person or group's protected class.

(t) Making, printing or publishing, or causing to be made, printed or published, any notice, statement or advertisement concerning the sale, rental or financing of the purchase of real property that indicates any preference, limitation or discrimination because of protected class, or any intention to make such preference, limitation or discrimination.

This subdivision does not prohibit advertising of housing accommodation services or housing accommodations for persons with physical disabilities.

(u) Using any words, phrases, sentences, descriptions or visual aids in any notice, statement or advertisement describing real property or the area in which real property is located which indicates any preference, limitation or discrimination because of protected class.

This subdivision does not prohibit advertising of housing accommodation services or housing accommodations for persons with physical disabilities.

(v) Selectively using, placing or designing any notice, statement or advertisement having to do with the sale, rental or financing of the purchase of real property in such a manner as to cause or increase discrimination by restricting or enhancing the exposure or appeal to persons of a particular protected class.

This subdivision does not limit in any way the use of an affirmative marketing program designed to attract persons of a particular protected class who would not otherwise be attracted to the real property or to the area.

(w) Quoting or charging a price, rent or cleaning or security deposit for a particular real property to any person which is different from the price, rent or security deposit quoted or charged to any other person because of differences in the protected class of such persons.

This subdivision does not prohibit the quoting or charging of a price, rent or cleaning or security deposit for a housing accommodation providing facilities for persons with a disability to differ from a housing accommodation not containing such facilities, if the difference in price, rent, cleaning or security deposit is reasonably related to the cost or difficulty of providing those facilities or services.

(x) Discriminating against any person because of the persons's protected class in performing any acts in connection with the making of any determination of financial ability or in the processing of any application for the financing or refinancing of real property.

Nothing herein shall limit the administering of forms or the making of a notation required by a federal, state or local agency for data collection or civil rights enforcement purposes. In any evaluation or determination as to whether, and under what terms and conditions, a particular lender or lenders would be likely to grant a loan, licensees shall proceed as though the lender or lenders are in compliance with Sections 35800 through 35833 of the California Health and Safety Code (The Housing Financial Discrimination Act of 1977).

Prohibited discriminatory conduct by a real estate licensee under this subdivision does not include acts based on a person's marital status which are reasonably taken in recognition of the community property laws of this state as to the acquiring, financing, holding or transferring of real property.

(y) Advising a person of the price or value of real property on the basis of factors related to the protected class of residents of an area or of residents or potential residents of the area in which the property is located.

(z) Discriminating in the treatment of, or services provided to, occupants of any real property in the course of providing management services for the real property because of the protected class of said occupants.

This subdivision does not prohibit differing treatment or services to a person with a disability as a reasonable accommodation for that person's disability in the course of providing management services for a housing accommodation.

(aa) Discriminating against the owners or occupants of real property because of the protected class of the owner or occupant's guests, visitors, invitees, sublessees or caregivers.

(bb) Making any effort to instruct or encourage, expressly or impliedly, by either words or acts, licensees or their retained salespersons, retained broker associates, employees or other agents to engage in any discriminatory act in violation of a federal or state fair housing law.

(cc) Establishing or implementing rules that have the purpose or effect of limiting the opportunity for any person because of the person's protected class to secure real property through a multiple listing or other real estate service.

(dd) Assisting or aiding in any way, any person in the sale, rental or financing of the purchase of real property where there are reasonable grounds to believe that such person intends to discriminate because of protected class.