(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 (P.L. 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.

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Last modified: July 31, 2008