Landlord rights in CA? (Chico: renter, attorney, house)

[WesternPilgrim]

I know someone who is trying to rent out one of his homes. He is being faced with a serious inquirer whose apparent .... lifestyle .... is not only morally offensive but appears to be a protected category. (Use your imagination.) No application has been made yet. What can and can't the homeowner say to this inquirer without inviting a lawsuit? Can he refuse to take an application without giving a reason? Is it legal just to ignore the inquirer?

Please, let's not go down the road of turning this into another morality debate. I'd like to stick to the legal and practical question.

[nullgeo]

Discrimination laws for housing and access are patently clear. These laws are very available for public review. Any person can consult with various public agencies for interpretations. A forum such as this is not a sane venue for any such legal advice.

In a nutshell, and urging you to legal verification:
If the "lifestyle" relates to a disability -- you can not discriminate.
If the "lifestyle" relates to race, creed, color, religion, sexual identity or orientation, ... you can not discriminate.

This is America. That's the law. If you are proven to make your choice based on a discriminatory basis / agenda, you are subject to prosecution. Agencies charged with anti-discrimination law are very thorough and aggressive in enforcement -- and subsequent prosecution if compliance is refused.

Postscript: one of my sisters is an attorney specializing in ADA law and sexual discrimination (surprise!).

[SOON2BNSURPRISE]

What would be so bad that it is morally offensive here in California?

Renters seem to have the rights here in California.

[nullgeo]

Originally Posted by SOON2BNSURPRISE

What would be so bad that it is morally offensive here in California?

Renters seem to have the rights here in California.

Renters have the same rights everywhere in the U.S. Federal anti-discrimination law supersedes all state laws.

Pilgrim's "friend" can withdraw his house from the market. However, if he re-markets later on, and the "offensive" person who inquired initially chooses to file a complaint showing that the action of removing from the market to re-market later in hopes of finding a non-"offensive" renter before another "offensive" one reapplies, then investigation will follow. Guaranteed.

[WesternPilgrim]

Originally Posted by SOON2BNSURPRISE

Renters seem to have the rights here in California.

Right, but the tenants aren't renters yet. They're not even applicants at this point.

[EscapeCalifornia]

Can't refuse the application. Your "friend" should quietly sit on the application and hope another qualified prospect more to your, er, his, liking comes along soon.

[nullgeo]

Originally Posted by EscapeCalifornia

Can't refuse the application. Your "friend" should quietly sit on the application and hope another qualified prospect more to your, er, his, liking comes along soon.

You would perhaps be surprised how often that is prosecuted successfully.
How would they know?
As the Nazi's used to say in Germany: "Ve haf our vays ..."

[WesternPilgrim]

Originally Posted by EscapeCalifornia

Can't refuse the application. Your "friend" should quietly sit on the application and hope another qualified prospect more to your, er, his, liking comes along soon.

Hey, don't blow my cover.

Can't refuse the application for any reason? I mean, if there are legal reasons to refuse, maybe the landlord could come up with something. Otherwise sitting quietly on an application seems like the way to go, but it risks a confrontation with a persistent applicant.

[jaijai]

What there's only one application?
What's the problem?
Your friend can rent the place to someone else if he's that much of a control freak.

[WesternPilgrim]

Originally Posted by jaijai

What there's only one application?
What's the problem?

No applications yet.

The problem is that CA law prevents landlords from discriminating against people who engage in certain objectionable behaviors - co-habitating couples, for instance. Note this famous case in Chico from 1996.