San Francisco Apartment Association
SFAA Magazine Archives

September 2003

Feature

San Francisco’s Fair Housing Law

San Francisco Police Code, Article 33 SEC. 3304

San Francisco Police Code, Article 33 SEC. 3304

Housing
(a) Prohibited Activity.
It shall be unlawful for any person to do any of the following acts wholly or partially because of a person’s actual or perceived race, color, ancestry, national origin, place of birth, sex, age, religion, creed, disability, sexual orientation, gender identity, source of income, weight, or height:

(1) To interrupt, terminate, or fail or refuse to initiate or conduct any transaction in real property, including but not limited to the rental thereof; to require different terms for such transaction; or falsely to represent that an interest in real property is not available for transaction;

(2) To include in the terms or conditions of a transaction in real property any clause, condition or restriction;

(3) To refuse to lend money, guarantee the loan of money, accept a deed of trust or mortgage, or otherwise refuse to make available funds for the purchase, acquisition, construction, alteration, rehabilitation, repair or maintenance of real property; or impose different conditions on such financing; or refuse to provide title or other insurance relating to the ownership or use of any interest in real property;

(4) To refuse or restrict facilities, services, repairs or improvements for any tenant or lessee;

(5) To make, print, publish, advertise or disseminate in any way, or cause to be made, printed or published, advertised or disseminated in any way, any notice, statement or advertisement with respect to a transaction or proposed transaction in real property, or with respect to financing related to any such transaction, which unlawfully indicates preference, limitation or discrimination based on race, color, ancestry, national origin, place of birth, sex, age, religion, creed, disability, sexual orientation, gender identity, source of income, weight, or height.

For purposes of this Subsection (a), “source of income” means all lawful sources of income or rental assistance from any federal, State, local, or nonprofit-administered benefit or subsidy program. “Source of income” also means a rental assistance program, homeless assistance program, security deposit assistance program or housing subsidy program. “Source of income” includes any requirement of any such program or source of income, or rental assistance….

SEC. 3308: Criminal Penalty
Any person who violates any provision of Section 3304 of this Article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $2,000 or by imprisonment in the County Jail for a period of not more than six months, or both.
Any person believing that a violation of said Section has been committed may file a complaint with the District Attorney.

Section 3304 and 3308 are just a few of the local ordinances pertaining to Fair Housing in San Francisco. State and federal Fair Housing laws have been in place since the 1960s.


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