Genetic Information

Housing or employment discrimination based upon genetic information is prohibited. (Civ. Code §51; Govt. Code §§12940, 12955) Genetic information is defined in Government Code section 12926(g). When providing a copy of a declaration, governing document or deed to any person, a community association is required to provide the following information, in at least 14-point boldface type, on the cover page or stamp on governing documents (Govt. Code § 12956.1):

“If this document contains any restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.”

Such discriminatory restrictions are deemed to be revised to omit such provisions (Civ. Code §782.5) and their actual removal pursuant to Government Code section 12956.2 may be accomplished by recording a Restrictive Covenant Modification.

Leave a Reply