sex offenders housing discrimination clarified

According to an opinion recently rendered by California Attorney General Bill Lockyer, the prohibition against the unauthorized use of information on the Megan's Law Web site does not in itself qualify registered sex offenders as a class protected from housing discrimination under the Fair Employment and Housing Act.

Through the Megan's Law Web site, the Dept. of Justice provides access to information about registered sex offenders. The law, however, prohibits the use of this information for purposes related to, among other things, housing or accommodations, loans, credit, and employment, except to protect a person at risk or as authorized by law.

The attorney general was asked to render an opinion as to whether the prohibition against unauthorized use qualified registered sex offenders as a class protected from housing discrimination, and he concluded it did not. "Registered sex offenders may be subject to housing discrimination 'to protect a person at risk' and as authorized by 'any provision of law,' but for no other reason," according to the attorney general.

"Under the [Fair Employment and Housing Act], on the other hand, a claimant falling under a non-enumerated classification must satisfy the three-prong Harris test (citing Harris v Capital Growth Investors XIV (1991) 52 Cal. 3d 1142) to prove unlawful housing discrimination in the particular circumstances." The three-prong Harris test examines whether a claim of discrimination is based on a classification involving personal characteristics, whether the alleged discriminatory act at issue serves a legitimate business interest, and the policy considerations.

The attorney general's opinion in this matter is fully set forth on its Web site at http://ag.ca.gov/opinions/published/05-301.pdf. Opinions of the attorney general are not binding law, but they are entitled to great respect by the courts.

**taken from the california association of realtors bulletin, dated may 4, 2006.