California Civil Rights Department

08/22/2024 | Press release | Distributed by Public on 08/22/2024 12:26

Civil Rights Department Secures Settlement with Southern California Housing Providers to Protect Victims of Domestic Violence from Unlawful Eviction

SACRAMENTO - The California Civil Rights Department (CRD) today announced securing a settlement with Beach Front Property Management, Inc. and Emerald Circle Properties, LLC over allegedly maintaining a policy that unlawfully threatened to result in the eviction of tenants experiencing domestic violence. Under state and federal law, penalizing victims of domestic violence because of disturbances caused at a property by an aggressor may violate fair housing protections because such practices can result in disproportionate harm to women and communities of color. The settlement announced today resolves claims brought by an individual tenant against both companies and brings thousands of other rental units managed by Beach Front Property Management in cities across Southern California into compliance with state civil rights protections.

"It is unacceptable for housing providers to punish victims of domestic violence for the actions of their aggressors," said CRD Director Kevin Kish. "Whether it's under the federal Violence Against Women Act or California's Fair Employment and Housing Act, people experiencing domestic violence are entitled to protection. You cannot evict someone simply because of problems caused by an abuser. At the California Civil Rights Department, we remain committed to standing up for survivors and rooting out discrimination wherever it occurs. This settlement is a positive step forward for survivors across Southern California."

In 2022, CRD received a complaint against Beach Front Property Management, a Southern California property management company, and Emerald Circle Properties, a property owner, over alleged discrimination on the basis of sex. Specifically, the tenant who filed the complaint alleged that she was served an eviction notice because of her partner's abuse. According to the complaint, the companies relied on a disorderly conduct term in the tenant's lease agreement to attempt to evict her because of continued harassment and disturbances caused at the property by her aggressor. Management allegedly went forward with the eviction process, despite the fact that the tenant had called the police and sought a restraining order.

After receiving the complaint, CRD convinced the property management company to stop the eviction process and allow the tenant to stay pending the outcome of the department's investigation. Once the initial investigation was completed, CRD then provided an opportunity for the parties to settle the matter through mediation. In addition to enforcing civil rights protections through litigation, CRD provides free, neutral mediation services to help parties directly resolve disputes and address discrimination complaints. Each year, CRD resolves hundreds of complaints, resulting in policy change and millions of dollars in direct relief to impacted Californians.

As a result of the settlement, Beach Front Property Management and Emerald Circle Properties will be required to:

  • Amend their policies to ensure that being a victim of domestic violence cannot be used as a basis for evicting a tenant.
  • Ensure staff are trained on civil rights protections under the Fair Employment and Housing Act, with a focus on protections for people experiencing domestic violence.
  • Update their policies to clarify that, consistent with the federal Violence Against Women Act, experiencing domestic violence, sexual assault, stalking, human trafficking, or elder abuse is not disorderly conduct.
  • Pay $7,500 to the complainant for alleged harms.

If you or someone you know has been the victim of housing discrimination, CRD may be able to assist you through its complaint process. General information about how to file a complaint is available here. Information regarding California's protections against discrimination in housing is available here.

The settlement announced today was supported by Associate Chief Counsel Azadeh Hosseinian and Shondra Dillard-Ham with CRD's Enforcement Division. It was mediated by Attorney IV Mediator Angela E. Oh.

A copy of the settlement is available here.