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Home My WebLink About2026-04-09; Housing Commission; 01; Fair Housing PresentationMeeting Date: April 9, 2026 To: Housing Commission From: Christian Gutierrez, Housing Services Manager Staff Contact: Christian Gutierrez, Housing Services Manager christian.gutierrez@carlsbadca.gov, 442-300-6555 Subject: Fair Housing Presentation Recommended Action Receive the Fair Housing Presentation provided by the Legal Aid Society of San Diego. Executive Summary Access to housing without discrimination is a fundamental right safeguarded by both state and federal fair housing laws. These laws prohibit discriminatory practices in the sale or rental of housing based on protected characteristics, including race, religion, national origin, familial status, disability, sexual orientation, source of income, and other similar factors. The City of Carlsbad remains committed to enforcing these protections and promoting an inclusive community. In support of this commitment, the city partners with the Legal Aid Society of San Diego (LASSD) to deliver fair housing services. These services include educational workshops that help inform residents, housing providers, and community stakeholders about their rights and obligations under fair housing laws. Discussion As a recipient of Community Development Block Grant (CDBG) funds, the City of Carlsbad has an obligation to affirmatively further fair housing. To support this responsibility, the city maintains a contract with a qualified fair housing provider to deliver services at no cost to residents and housing providers. These services include complaint intake and mediation, assistance with filing fair housing claims, and education and outreach efforts aimed at increasing awareness of housing rights and responsibilities. The City of Carlsbad partners with the Legal Aid Society of San Diego (LASSD), a private 501(c)(3) nonprofit organization dedicated to promoting fairness and equal access to housing. LASSD’s work focuses on preventing and addressing housing discrimination through education, outreach, training, advocacy, and legal enforcement. April 9, 2026 Item #1 Page 1 of 2 Through this ongoing partnership, the city has been able to offer essential fair housing resources to the community over many years. As part of these efforts, LASSD will provide a presentation to the Housing Commission that highlights key fair housing principles and recent changes in housing laws. Fiscal Analysis There is no direct fiscal impact associated with receiving the fair housing presentation. The city’s agreement with LASSD is funded annually through the Community Development Block Grant program. The program operates on a reimbursement basis, in which grant funds are expended for approved activities and then reimbursed from the U.S. Department of Housing and Urban Development. Environmental Evaluation (CEQA) The proposed action is not a “project” as defined by CEQA Section 21065 and CEQA Guidelines Section 15378(b)(5) and does not require environment review under CEQA Guidelines Section 15060(c)(3) and 15061(b)(3), because the proposed action to report on the policies and strategies is an organizational or administrative government activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Any subsequent action or direction stemming from the proposed action may require preparation of an environmental document in accordance with CEQA or CEQA Guidelines. Exhibits None. April 9, 2026 Item #1 Page 2 of 2 Fair Housing Month Presentation Legal Aid Society of San Diego(844) 449-3500WWW.LASSD.ORG This presentation is meant for educational purposes only and is not legal advice. Please keep in mind that laws and regulations are often updated. Information may have been updated since the creation of this presentation. Today •Fair Housing Basics •Common Issues •LASSD Services What is fair housing? •Housing choice •People with similar income levels in the same housing market should have the same range of choices available to them despite their protected class status. Fair Housing Laws •Federal law •Fair Housing Act •Section 504 of the Rehabilitation Act •Violence Against Women Act (VAWA) •California law •Fair Employment and Housing Act •Unruh Act •Ralph Act Federal Protected Classes Legal Aid Society of San Diego, Inc. Race Color National origin Religion Familial status Sex Disability California Protected Classes •Race •Color •National origin, Ancestry •Citizenship, Immigration Status •Primary language •Religion •Disability •Sex, Gender •Gender identity, gender expression •Sexual orientation California Protected Classes, cont’d •Pregnancy •Age •Marital status •Familial status •Source of income •Military/Veteran status •Arbitrary Prohibited Activity In a housing related transaction, it is illegal to do the following when based on a protected class: •Refuse to sell, rent, or lease rooms, apartments, condos or houses •Represent that a housing accommodation is not available for inspection, sale, or rental when it is in fact available •Deny a home loan or homeowner’s insurance •Make discriminatory statements •Offer inferior terms, conditions, privileges, facilities or services in connection with the housing accommodation •Refuse to allow reasonable accommodations or modifications when necessary due to a disability •Retaliation What Is a Dwelling? •Any building, structure, or portion of a structure, designed or intended for occupancy as a residence •Intent to return •Examples •Apartments and condos •Single family homes •Duplexes •Mobile homes •Shelters and transitional housing •Dormitories and group homes •Vacant land intended for residential use •Not typically covered: transient hotels, short term airbnbs Fair housing law applies to “dwellings” California Exemption: Owner-Occupied Rental Units Owner-occupied single-family house renting to a person as a roomer or boarder living within the household, provided that no more than one roomer or boarder is to live within the household, and the owner complies with subdivision (c) of Section 12955, which prohibits discriminatory notices, statements, and advertisements. CA Gov’t Code 12927(c) Legal Aid Society of San Diego, Inc. Types of Discrimination Disparate Treatment & Disparate Impact •Disparate Treatment •Intentional discrimination: requires proof of intent •Different treatment because of protected class •Disparate Impact •Discriminatory effect: no intent is required •Neutral policy on its face that has a disproportionate negative effect on a protected class Discriminatory statements •Can be verbal or written •It is unlawful to “make, print, publish, advertise, or disseminate in any way” a notice, statement or advertisement that indicates that a tenant will be declined based on a person’s protected class Harassment Refusal to Accommodate •Refusal to permit a reasonable accommodation or modification when necessary based on a disability, and there is no other valid reason to deny the request •Accommodations: Exceptions or changes to rules, policies, procedure, or services •Modifications: Installation of physical modifications to a home Common Issues & Examples Tenant Screening •Tenant screening has become a common tool to review credit, eviction, or criminal history. •Obstacle on people trying to obtain new housing, while not necessarily being an accurate indicator of whether they will be a good tenant. Screening: Subsidies and Accommodations •People with disabilities can request reasonable accommodations for exceptions to application criteria. •For government subsidies, it’s illegal for landlords to: •Use a person’s credit history as part of the application process for a rental accommodation without offering the applicant the option … of providing lawful, verifiable alternative evidence of the applicant’s reasonable ability to pay the portion of the rent to be paid by the tenant. •Important to be prepared with an explanation if a person knows they have something negative in their history. For example: •Debt is from a period of medical emergency unlikely to recur •An eviction happened from a time before the person had a rental subsidy •Criminal history was from a time when a mental health condition was untreated Assistance Animals •Pet rules do not apply: pet deposits, rent, fees, breed/weight restrictions •Common issue: requirements to sign overly restrictive pet/animal addendums •Emerging issues: •Third party pet screening/registration companies •Suspicion of medical verifications Nonpayment Evictions •Recently we have seen an increase in evictions based on nonpayment of rent •More difficulty resolving them Fair Housing Enforcement Options Informal resolution/mediation Administrative complaints HUD – federal claims CRD –federal and state claims Litigation – federal, state, local claims Federal court State court Small claims Legal Aid Society of San Diego Fair Housing Services LASSD SPECIALIZED TEAMS CaseManagement Family Intake CommunityResponseTeam (CRT) Fair Housing Pro Bono Consumer Center For Health Education & Advocacy Housing Shriver Housing ConsumerProtection Immigration SSI EducationRights IncomeMaintenance Tax LASSD Resources •https://www.lassd.org/ •Includes information and resources on fair housing laws, tenant protections, and homeownership/foreclosure rights THANK YOU Legal Aid Society of San Diego, Inc. (844) 449-3500 www.lassd.org