1. Fair Housing and Traffic Reducing Housing Presented by: Heather Gould Goldfarb & Lipman LLP 1300 Clay Street, 9 th Floor Oakland, CA 94612 510 836-6336 hgould@goldfarblipman.com October 23, 2006

2. 2 Federal Fair Housing Laws 14th Amendment of the U.S. Constitution Fair Housing Act Rehabilitation Act of 1973 (Section 504) Age Discrimination Act Americans with Disabilities Act

3. 3 14 th Amendment Prohibits Government from Denying to Any Person “equal protection of the law” Prohibits Government from Denying to Any Person “equal protection of the law” Intentional State Action Intentional State Action Suspect Classes, Semi-Suspect Classes Suspect Classes, Semi-Suspect Classes Rational Basis Rational Basis Other: Fundamental Rights Other: Fundamental Rights Application to Traffic Reducing Housing Application to Traffic Reducing Housing

4. 4 Federal Fair Housing Act Race, Color, Religion, National Origin, Gender, Familial Status, Handicap Race, Color, Religion, National Origin, Gender, Familial Status, Handicap Intentional and Unintentional Discrimination Intentional and Unintentional Discrimination Examples: Teacher Housing, Traffic Reducing Housing Examples: Teacher Housing, Traffic Reducing Housing Furthers Business Necessity, Legitimate Government Interest Furthers Business Necessity, Legitimate Government Interest Broaden Pool, Administrative Record, Demographic Study, Findings, Preferences v. Requirement, Nuanced Policy Broaden Pool, Administrative Record, Demographic Study, Findings, Preferences v. Requirement, Nuanced Policy

5. 5 Federal Fair Housing Act Senior Housing Senior Housing 62 years or 80% of Units Occupied by 55 years or older 62 years or 80% of Units Occupied by 55 years or older Reasonable Accommodation Reasonable Accommodation Undue Administrative Burden, Financial Hardship, Fundamental Alteration Undue Administrative Burden, Financial Hardship, Fundamental Alteration Limitation on Questions to Ask of Applicants Limitation on Questions to Ask of Applicants

6. 6 Other Federal Requirements Rehabilitation Act of 1973 (Section 504) Prohibits Disability Discrimination in Federally Funded Programs (HOME, HOPWA, McKinney) Age Discrimination Act Prohibits Age Discrimination in Federally Funded Programs Americans with Disabilities Act Federal Funding: HUD Multifamily Handbook: Preferences Only

7. 7 California Fair Housing Laws California Fair Employment and Housing Act California Fair Employment and Housing Act Unruh Act Unruh Act Government Code Section 11135 Government Code Section 11135 State Financing: MHP, CalHOME, BEGIN State Financing: MHP, CalHOME, BEGIN Local Ordinances Local Ordinances

8. 8 California Fair Employment and Housing Act Race, Color, Religion, Sex, National Origin, Familial Status, Disability, Marital Status, Ancestry, Sexual Orientation, Source of Income, Unruh Act Provisions Race, Color, Religion, Sex, National Origin, Familial Status, Disability, Marital Status, Ancestry, Sexual Orientation, Source of Income, Unruh Act Provisions Intentional and Unintentional Discrimination Intentional and Unintentional Discrimination Analysis Comparable to Federal Fair Housing Act Analysis Comparable to Federal Fair Housing Act

9. 9 California Fair Employment and Housing Act Necessary to Operation of Business; Effectively Carries Out Significant Business Need Necessary to Operation of Business; Effectively Carries Out Significant Business Need Necessary to Achieve Important Purpose Sufficiently Compelling to Override Discriminatory Effect; Effectively Carries Out Purpose Necessary to Achieve Important Purpose Sufficiently Compelling to Override Discriminatory Effect; Effectively Carries Out Purpose No Less Discriminatory Alternative No Less Discriminatory Alternative Administrative Record, Demographic Study, Findings Administrative Record, Demographic Study, Findings

10. 10 California Unruh Act Business Establishments Business Establishments Sex, Race, Color, Religion, Ancestry, National Origin, Disability, Marital Status, Sexual Orientation, Medical Condition Sex, Race, Color, Religion, Ancestry, National Origin, Disability, Marital Status, Sexual Orientation, Medical Condition Arbitrary Discrimination Arbitrary Discrimination Senior Housing Senior Housing 62 and over 62 and over 55 and Senior Citizen Housing Development 55 and Senior Citizen Housing Development

11. 11 Other California Requirements Government Code 11135 Government Code 11135 Applies to developments receiving state financing Applies to developments receiving state financing State Loan Programs State Loan Programs MHP: Any Preference Must Not Be Smaller Than Municipal Jurisdiction; Live and Work MHP: Any Preference Must Not Be Smaller Than Municipal Jurisdiction; Live and Work Local Ordinances Local Ordinances Other Legal Principals: Municipal Law, Tax Law, and Landlord/Tenant Requirements Other Legal Principals: Municipal Law, Tax Law, and Landlord/Tenant Requirements