Cal. Code Regs. Tit. 2, § 12040 - Definitions

(a) "Intentional discrimination" means "intentional violation" as defined in subsection 12955.8(a) of the Act.

(b) "Motivating factor" means anything that moves the will and induces action.

(c) "Facially discriminatory policy" (sometimes referred to as "express classification") means a written policy that explicitly conditions a housing opportunity on a protected basis, requires or allows adverse action based on a protected basis, or directs adverse action to be taken based on a protected basis.

Notes

Cal. Code Regs. Tit. 2, § 12040

Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12926, 12926.1, 12927, 12948, 12955, 12955.6 and 12955.8(a), Government Code.

Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12926, 12926.1, 12927, 12948, 12955, 12955.6 and 12955.8(a), Government Code.

1. New article 3 (sections 12040-12042) and section filed 11-19-2021; operative 1/1/2022 (Register 2021, No. 47).
2. Amendment of subsection (c) filed 11-22-2023; operative 1/1/2024 (Register 2023, No. 47).