Legal & Compliance

Fair Housing Act

In accordance with federal law and U.S. Department of the Treasury policy, this institution is prohibited from discriminating based on race, color, national origin, sex, age, or disability.

Submit a complaint of discrimination, by mail to U.S. Department of the Treasury, Office of Civil Rights and Equal Employment Opportunity, 1500 Pennsylvania Ave. N.W., Washington, D.C. 20220, (202) 622-1160 (phone), (202) 622-0367 (fax), or email crcomplaints@treasury.gov (email).

Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. §§ 2000d –2000d7 – prohibits discrimination based on race, color, and national origin
Age Discrimination Act of 1975, 42 U.S.C. §6101-6107 et seq. – prohibits discrimination based on age
Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§1681- 1688 – prohibits discrimination based on sex in educational programs
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 – prohibits discrimination based on disability
Fair Housing Act, Title VIII of the Civil Rights Act of 1968. 42 U.S.C. §§ 3601 et seq. – prohibits discrimination based on race, color, national origin, religion, sex, familial status (having one or more children under 18) and disability.

Equal Credit Opportunity Act

New Community Investments complies with the United States Equal Housing Opportunity Act.

15 U.S.C. §1691(a)

(a) It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction —

(1) on the basis of race, color, religion, national origin, sex or marital status, or age (provided the applicant has the capacity to contract);

(2) because all or part of the applicant’s income derives from any public assistance program.

15 U.S.C. §1691a(e)

(e) The term “creditor” means any person who regularly extends, renews, or continues credit; any person who regularly arranges for the extension, renewal, or continuation of credit; or any assignee of an original creditor who participates in the decision to extend, renew, or continue credit.

15 U.S.C. §1691(e)

(a) Any creditor who fails to comply with any requirement imposed under this subchapter shall be liable to the aggrieved applicant for any actual damages sustained by such applicant acting either in an individual capacity or as a member of a class.

12 C.F.R. §202.2(l)

(1) Creditor means a person who, in the ordinary course of business, regularly participates in the decision of whether or not to extend credit. The term includes a creditor’s assignee, transferee, or subrogee who so participates. For purposes of sections 202.4 and 202.5(a), the term also includes a person who, in the ordinary course of business, regularly refers applicants or prospective applicants to creditors, or selects or offers to select creditors to whom requests for credit may be made…

In accordance with federal laws and U.S. Department of the Treasury policy, this organization is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability.

To file a complaint of discrimination, write to:

U.S. Department of the Treasury
Director, Office of Civil Rights and Equal Employement Opportunity
1500 Pennsylvania Avenue, N.W.,
Washington, DC 20220
call (202) 622-1160
send an e-mail to: crcomplaints@treasury.gov

Disability Discrimination

California Fair Housing Las Protect You from Discrimination

The Fair Employment and Housing Act protects you from illegal discrimination and harassment in housing based on a mental or physical disability. Discrimination includes, but is not limited to, the following actions:

Refusal to rent, lease, or sell housing accommodations
Refusal to negotiate for the sale, rental, or lease of housing accommodations
Representation that a housing accommodation is not available for inspection, sale, or rental when that housing accommodation is in fact available
Provision of inferior terms, conditions, privileges, facilities, or services in connection with the housing accommodations
Cancellation or termination of a sale or rental agreement
Failure to design and construct multi-family dwellings in a manner that allows access to and use by persons with disabilities
Provision of segregated or separated housing accommodations
Refusal to permit, at the expense of the person with disabilities, reasonable modifications of existing premises occupied or to be occupied by the person with disabilities, when the modifications may be necessary to afford the person with disabilities full enjoyment of the premises
Refusal to make reasonable accommodations in rules, policies, practices, or services when these accommodations may be necessary to afford a person with disabilities equal opportunity to use and enjoy a dwelling
Discriminatory policies, practices, terms, or conditions that result in unequal access to housing or housing-related services

What is Considered a Disability Under California Law?

Under California law, a disability is a mental or physical impairment, disorder, or condition that limits a major life activity. The definition of disability includes a diagnosis of HIV/AIDS, as well as medical conditions including any health impairment related to cancer, or an individual’s genetic characteristics. The definition of disability also includes a perception that the person has a disability, or that the person is associated with a person who has, or is perceived to have, a disability.

The definition of disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.

“Major life activities” is a broad category. Examples of major life activities include, but are not limited to, physical, mental, and social activities and working. Whether a disability or condition “limits” a major life activity must be determined without regard to any mitigating measures, such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.

Potential Civil Remedies

Making available previously denied housing
Compensation for losses and emotional distress
Training and policy changes to prevent future discrimination
Other actions to eliminate the effects of discrimination, such as penalties, fines, reporting or monitoring

If You Believe You Have Experienced Discrimination Or Harassment, You Can File A Complaint With The Civil Rights Department (Crd) By Taking The Following Steps Within One Year Of The Incident:

Contact CRD by using the information at the bottom of this page
Be prepared to present specific facts about the alleged discrimination or harassment
Keep any records and documents you have about the incidents), such as rent receipts, applications, text messages or other electronic communication, and other potential proof of discrimination

If your complaint is accepted, CRD will conduct an impartial investigation. We represent the State of California. CRD will, if possible, try to assist both parties to resolve the complaint.

If a voluntary settlement cannot be reached and there is sufficient evidence to establish a violation of the law, CRD will litigate the case in civil court.

If a court decides in favor of the complaining party, remedies may include making available previously denied housing, compensation for losses and emotional distress, training and policy changes to prevent future discrimination, and other actions to eliminate the effects of discrimination.

You have the right to file a lawsuit on your own behalf in a California court within two years of the alleged discriminatory act. It is not necessary to file a complaint with CRD prior to the filing of a housing lawsuit. The time that a complaint is pending with CRD will not count when computing the two-year period.

What Rights Do I Have as a Tenant With A Disability?

Individuals with disabilities are entitled to be free from harassment and discrimination in all aspects of housing. They also have a right to reasonable accommodation in rules, policies, practices, or services related to housing when necessary to afford persons with disabilities equal opportunity to use and enjoy a dwelling. Individuals with disabilities are also permitted, at their own expense, to modity their dwellings to ensure full enjoyment of the premises. Furthermore, it is unlawful for owners of housing accommodations to make written or oral inquiries to determine whether a person seeking to purchase, rent, or lease a housing accommodation has a disability, unless as part of the interactive process for a tenant seeking a reasonable accommodation.

At a minimum, multi-family dwellings must have the following features:

At least one building entrance on an accessible route
Public and common areas that are readily accessible and usable by persons with disabilities
An accessible route into and through the covered dwelling unit
Doors, kitchens, and bathrooms designed to allow access, passage and maneuvering by persons using wheelchairs
Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations
Reinforcements in bathroom walls to allow later installation of safety grab bars around toilets, tubs, or shower stalls, and seats

If you have a disability that requires a reasonable accommodation, CRD can assist you by phone or, for individuals who are Deaf or Hard of Hearing or have speech disabilities, through the California Relay Service (711), or you can contact us below.