California 2 CCR § 12041. Intentional Discrimination Practices.

(a) The Act imposes liability for practices that are motivated by discriminatory intent as defined in paragraph (b) of this section.

(b) A practice is motivated by discriminatory intent where any protected basis is a motivating factor in committing a discriminatory housing practice even though other factors may have also motivated the practice. Proving that discriminatory intent is a motivating factor does not require proof of personal prejudice or animus, only that consideration of any protected basis is a motivating factor in committing a discriminatory housing practice.

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 section filed 11-19-2021; operative 1-1-2022 (Register 2021, No. 47).

Official source: California 2 CCR § 12041. Intentional Discrimination Practices..

Source snapshot retrieved: 2026-09-25T21:43:02.077733+00:00.

Publisher currency statement: This database is current through 9/11/26 Register 2026, No. 37.

Version dates (indexing metadata): Effective 2022-01-01; operative 2022-01-01.

Effective-date evidence (external official source, indexing metadata): This regulatory action becomes effective on 1/1/2022.

Evidence source: https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2021/11/Notice-of-Approval-Housing-Regs-2021.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.