(Revised August 15, 1994)
153.41 On-Campus Housing
The campuses may provide separate housing on the basis of
sex if the housing offered to renters of each sex annually is, as a whole, comparable
in quality and cost and proportionate in number to the number of housing applicants
from each sex. To assess quality, each campus must review the variety of on-campus
housing opportunities available.
153.42 Off-Campus Housing
The California Fair Housing and Employment Act and the
Federal Fair Housing Act prohibit discrimination in housing based on sex. In addition,
these Acts prohibit any person from publishing a notice regarding rentals which
discriminates on the basis of sex. Accordingly, rental listings which specify
a preference based on sex should not be accepted for listing at the University.
Federal law exempts owners of single-family homes and dwelling units of no more
than four units from these prohibitions, provided in the latter case that the
owner lives in one of the units. Federal law also exempts religious or nonprofit
organizations or private clubs which offer lodging to members.
153.422 Federal and State laws do not specifically prohibit or
exempt individuals seeking roommates from specifying sex preference.
Nonetheless, a campus may accept single-sex roommate listings provided
the campus assures itself that, when considered in its entirety,
housing listed separately for men and women is comparable in quality
and cost to the student and proportionate in number.
153.423 Given the difficulty of investigating each listing to determine
if off-campus housing is comparable in quality and cost and proportionate
in number, each campus may choose to list only off-campus housing
not restricted by sex or to follow up on grievances related to the
above and look for patterns of discrimination in housing. If the
campus determines on the basis of a grievance investigation that
housing for one sex is not comparable to that available to the other
sex, then the campus should take corrective action to generate new
sources of comparable housing or eliminate all separate listings.
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