DRE Has Authority to Discipline Licensees for Discriminatory Conduct

California department of real estate offices

I recently presented a program to real estate professionals where the overarching topic was compliance with laws enforced by the DRE (The Real Estate Law and the Regulations of the Real Estate Commissioner) with an emphasis on property management issues.

Based on questions that came up during the program, it occurred to me that not everyone is aware of the fact that the CA Department of Real Estate has the authority to investigate and discipline its licensees for engaging in discriminatory conduct against another based upon:

  • Ancestry
  • Citizenship
  • Color
  • Disability
  • Familial Status
  • Gender
  • Gender Expression
  • Gender Identity
  • Genetic Information
  • Immigration Status
  • Marital Status
  • National Origin
  • Physical Handicap
  • Primary Language
  • Race
  • Religion
  • Sex
  • Sexual Orientation
  • Source of Income
  • Veteran or Military Status

Within the Regulations of the Real Estate Commissioner at Article 10, there is a section that addresses discrimination and panic selling. Specifically, section 2780 describes the sorts of discriminatory conduct which is in violation of the law and can lead to disciplinary action against a real estate licensee. The latest version of the Regulation is available for your perusal on the DRE website by visiting the home page of the Department’s website and clicking on 2025 Real Estate Law and then the Regulations of the Real Estate Commissioner.

Section 2780 lists various types of tactics which, if used to dissuade a prospective applicant or buyer from seeking to rent or purchase a property, are in violation of the law. All real estate professionals are encouraged to keep up to date on the compliance requirements enforced by the DRE.

Historical Context: The Road to the Fair Housing Act

Modern fair housing enforcement is built on a long history of legal challenges to discriminatory housing practices. The following video summarizes how a landmark Supreme Court case in 1948 helped pave the way for the passage of the Fair Housing Act two decades later.

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