California 2 CCR § 12040. Definitions.

(a) “Intentional discrimination” means “intentional violation” as defined in subsection 12955.8(a) of the Act.

(b) “Motivating factor” means anything that moves the will and induces action.

(c) “Facially discriminatory policy” (sometimes referred to as “express classification”) means a written policy that explicitly conditions a housing opportunity on a protected basis, requires or allows adverse action based on a protected basis, or directs adverse action to be taken based on a protected basis.

Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12926, 12926.1, 12927, 12948, 12955, 12955.6 and 12955.8(a), Government Code.

1. New article 3 (sections 12040-12042) and section filed 11-19-2021; operative 1-1-2022 (Register 2021, No. 47).

2. Amendment of subsection (c) filed 11-22-2023; operative 1-1-2024 (Register 2023, No. 47).

Official source: California 2 CCR § 12040. Definitions..

Source snapshot retrieved: 2026-09-23T16:54:04.119255+00:00.

Version dates (indexing metadata): Effective 2024-01-01; operative 2024-01-01.

Effective-date evidence (external official source, indexing metadata): This regulatory action becomes effective on 1/1/2024.

Evidence source: https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2023/11/CRD-OAL-Approval-Fair-Housing-Regulations-2023.11.22.pdf

Applicability note (indexing metadata, not regulatory text): Review the applicable definitions, burdens of proof, exemptions, exceptions, causation, notice and procedural conditions in the source subsections. A screening criterion, housing advertisement, criminal record or land-use decision cannot be evaluated from dates alone. Read the regulations together with current state and federal statutes and any applicable local protections. This indexed version does not establish the text before its reviewed amendment date.