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The Future of Fair Housing in Community Associations

June 29, 2017

The DFEH Housing Regulations Are Happening Now

 

The California Department of Fair Employment and Housing (DFEH) Fair Employment and Housing Council (Council) has been engaged in a historic rulemaking process to draft and promulgate Housing Regulations for the first time. To date, the Council has been working on Housing Regulations on various types of discrimination, harassment, retaliation and disabilities, including assistance animals. Further Regulations will be drafted and proceed through the formal rulemaking process over the next few years on additional areas concerning housing.

These Regulations will have a major impact on all community associations/common interest developments (CA/CIDs) on many fair housing issues, and will provide the statutory framework for the DFEH’s interpretations and investigations concerning complaints filed by residents against CA/CIDs for discrimination, harassment, and retaliation.

The DFEH is seeking input and comments on the proposed Regulation, and information generally regarding the CA/CID industry perspective on fair housing matters. We encourage you to look at the proposed Regulations on the DFEH Website at www.dfeh.ca.gov/fehcouncil/#rulemaking and to provide your formal input to the Council by email via FEHCouncil@dfeh.ca.gov or via Brian Sperber at brian.sperber@dfeh.ca.gov.

CLAC is also actively participating in the rulemaking process by reviewing and providing comments on the proposed Regulations and attendance at the DFEH Council Meetings. But this is a great opportunity for everyone to share your experiences and concerns with the DFEH Council. They value all information and appreciate learning about CA/CID perspectives.

You can also attend the DFEH Council Meetings and provide public comments at the Meetings which are held in various locations around the State quarterly. The next Meeting will be held on July 17, 2017 at 10 a.m. at the California Public Utilities Commission, 505 Van Ness Avenue, Auditorium, San Francisco. You may view the agenda for this Meeting and past Meetings on the DFEH Website at www. DFEH.ca.gov.

JANET L.S. POWERS, ESQ.

Janet L.S. Powers is a senior shareholder and Director of Fiore Racobs & Powers and is a senior supervising attorney in Fiore Racobs & Powers’ Irvine office. Ms. Powers is a member of the prestigious College of Community Association Lawyers of CAI (CCAL). She is the former President of the Orange County Chapter of CAI. She has been actively participating in the process of the DFEH Regulations, and has spoken on several panels concerning the Regulations, and implementation once adopted.   

 

You are welcome to reprint this article in your chapter publication and/or newsletter at your discretion.  We do ask, however, that if you plan to make changes to it, including the title or subtitle, you contact prchair@caiclac.com so that we may obtain approval from the author and CLAC’s PR Committee, in accordance with CLAC’s Reprint Policy.

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