Post

City & Cnty. of S.F. v. Post

Good Law
22 Cal. App. 5th 121·231 Cal. Rptr. 3d 235
Court of Appeal of CaliforniaApril 11, 2018A149136California5,762 words

Opinion

lead Opinion

Tucher, J.

*238 *124 In 1998 the San Francisco Board of Supervisors outlawed discrimination against tenants who pay a portion of their rent with a Section 8, or similar, housing voucher. They did this by amending San Francisco's existing housing discrimination ordinance to outlaw discrimination based on a person's "source of income," a term they defined broadly to *125 include government rent subsidies. (S.F. Police Code, § 3304, subd. (a).) The following year, the California Legislature also expanded the state's Fair Employment and Housing Act (FEHA) to prohibit discrimination based on a tenant's "source of income," but the Legislature defined the term narrowly, so that it does not reach government rent subsidies such as Section 8. ( Gov. Code, § 12955, subd. (a).) FEHA does not prevent a landlord from declining to take Section 8 tenants. ( Sabi v. Sterling (2010) 183 Cal.App.4th 916 , 107 Cal.Rptr.3d 805 ( Sabi ).) The question this case poses is whether FEHA preempts San Francisco's ordinance to the extent the local ordinance outlaws discrimination based on a tenant's participation in the Section 8 program. The trial court found no preemption, and we agree.

FACTUAL AND PROCEDURAL…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.