Civ. Code, § 51.2 · Part 2. PERSONAL RIGHTS
Civ. Code, § 51.2
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Section 51 shall be construed to prohibit a business establishment from discriminating in the sale or rental of housing based upon age. Where accommodations are designed to meet the physical and social needs of senior citizens, a business establishment may establish and preserve that housing for senior citizens, pursuant to Section 51.3, except housing as to which Section 51.3 is preempted by the prohibition in the federal Fair Housing Amendments Act of 1988 (Public Law 100-430) and implementing regulations against discrimination on the basis of familial status. For accommodations constructed before February 8, 1982, that meet all the criteria for senior citizen housing specified in Section 51.3, a business establishment may establish and preserve that housing development for senior citizens without the housing development being designed to meet physical and social needs of senior citizens.
(b) This section is intended to clarify the holdings in Marina Point, Ltd. v. Wolfson (1982) 30 Cal.3d 72 and O’Connor v. Village Green Owners Association (1983) 33 Cal.3d 790.
(c) This section shall not apply to the County of Riverside.
(d) A housing development for senior citizens constructed on or after January 1, 2001, shall be presumed to be designed to meet the physical and social needs of senior citizens if it includes all of the following elements:
(1) Entryways, walkways, and hallways in the common areas of the development, and doorways and paths of access to and within the housing units, shall be as wide as required by current laws applicable to new multifamily housing construction for provision of access to persons using a standard-width wheelchair.
(2) Walkways and hallways in the common areas of the development shall be equipped with standard height railings or grab bars to assist persons who have difficulty with walking.
(3) Walkways and hallways in the common areas shall have lighting conditions which are of sufficient brightness to assist persons who have difficulty seeing.
(4) Access to all common areas and housing units within the development shall be provided without use of stairs, either by means of an elevator or sloped walking ramps.
(5) The development shall be designed to encourage social contact by providing at least one common room and at least some common open space.
(6) Refuse collection shall be provided in a manner that requires a minimum of physical exertion by residents.
(7) The development shall comply with all other applicable requirements for access and design imposed by law, including, but not limited to, the Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.), and the regulations promulgated at Title 24 of the California Code of Regulations that relate to access for persons with disabilities or handicaps. Nothing in this section shall be construed to limit or reduce any right or obligation applicable under those laws.
(e) Selection preferences based on age, imposed in connection with a federally approved housing program, do not constitute age discrimination in housing.
Notes and commentary — not statutory text
History
Amended by Stats. 2010, Ch. 524, Sec. 2. (SB 1252) Effective January 1, 2011.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=51.2.
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 23 provisions
Provisions in this library whose text cites Civ. Code, § 51.2. Each shows the citation as that text prints it.
Business and Professions Code
Civil Code
- Civ. Code, § 51.4Printed as Sections 51.2 and 51.3
- Civ. Code, § 782Printed as Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of this code
- Civ. Code, § 782.5Printed as Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of this code
- Civ. Code, § 798.20Printed as Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5
- Civ. Code, § 800.25Printed as Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5
Government Code
- Gov. Code, § 12955.9Printed as Sections 51.2, 51.3, and 51.4 of the Civil Code
- Gov. Code, § 12957Printed as Sections 51, 51.2, and 51.10 of the Civil Code
- Gov. Code, § 62206Printed as Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code
- Gov. Code, § 62207Printed as Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code
- Gov. Code, § 65008Printed as Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code
- Gov. Code, § 65915Printed as Sections 51.2 and 51.3 of the Civil Code
Health and Safety Code
- Health & Saf. Code, § 1775Printed as Sections 51.2 and 51.3 of the Civil Code
- Health & Saf. Code, § 33050Printed as Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code
- Health & Saf. Code, § 33435Printed as Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code
- Health & Saf. Code, § 33436Printed as Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code
- Health & Saf. Code, § 33769Printed as Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code
- Health & Saf. Code, § 35811Printed as Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code
- Health & Saf. Code, § 37630Printed as Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code
- Health & Saf. Code, § 37923Printed as Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code
- Health & Saf. Code, § 50955Printed as Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code
- Health & Saf. Code, § 51602Printed as Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.