Cal. Civ. Code § 910-2-4-10
Good faith defense against money damages
Operative Text
Sec. 10. (a) A person shall not be held personally liable for monetary damages for discriminating on the basis of familial status if the person acted with the good faith belief that the housing facility or community qualified for a housing for older persons exemption under this rule. (b) A person claiming the good faith belief defense must have actual knowledge that the housing facility or community has, through an authorized representative, asserted in writing that it qualifies for a housing for older persons exemption. (c) Before the date on which the discrimination is claimed to have occurred, a community or facility, through its authorized representatives, must certify, in writing and under oath or affirmation, to the person subsequently claiming the defense that it complies with the requirements for such an exemption as housing for persons at least fifty-five (55) years of age in order for such person to claim the defense. (d) For purposes of this section, "authorized representative", of a housing facility or community, means the individual, committee, management company, owner, or other entity having the responsibility for adherence to the requirements established by this rule. (e) For purposes of this section, "person" means a natural person. (f) A person shall not be entitled to the good faith defense if the person has actual knowledge that the housing facility or community does not, or will not, qualify as housing for persons at least fifty-five (55) years of age. Such a person will be ineligible for the good faith defense regardless of whether the person received the written assurance described in subsection (b).
Section 910-2-4-10 of 910 IAC 2 establishes a limited defense against personal monetary liability for individuals who discriminate on the basis of familial status when they genuinely believed the housing community qualified for a 'housing for older persons' exemption. To invoke this defense, the individual must have received a written, sworn certification from the community's authorized representative—made before the alleged discrimination occurred—confirming the community meets the 55-and-older exemption requirements. However, the defense is entirely unavailable to anyone who actually knew the community did not qualify, even if they received the written assurance.
Plain English — not legal advice.
Under 910 IAC 2 § 910-2-4-10, property owners and managers who operate or work with age-restricted communities generally protect themselves by obtaining and retaining written, sworn certifications from the community's authorized representative confirming compliance with the 55-and-older exemption before any occupancy decisions are made. Compliant operators also ensure they have no actual knowledge contradicting the community's claimed exempt status, since such knowledge eliminates the defense entirely. Maintaining clear documentation of these certifications and the dates they were received is a standard practice for operators seeking to rely on this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 910-2-4-10 of 910 IAC 2 means that a housing provider cannot escape liability for familial-status discrimination simply by claiming ignorance—the good faith defense has strict prerequisites that must be met before the alleged discrimination occurred. Tenants or applicants who believe they were unlawfully denied housing based on familial status may raise the inadequacy of this defense in a complaint or legal proceeding, particularly if the community lacked the required written, sworn certification or if the responsible party had actual knowledge the exemption did not apply. Tenant-rights organizations and fair housing agencies can help individuals understand whether the conditions of this defense were properly satisfied in a given situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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