united-states landlord
Can a landlord refuse to use my 1099 as a proof of income because of its source?
<p>I am applying to lease an apartment in California. My source of income is S/S and secondary income from investment savings in the purchase Fractional Interests in Trust Deeds. The "compliance officer" is demanding an explanation of how I derive income from this financial product. I have been with the same broker who manages and services my portfolio since 1976. However, no matter how I try to clarify how this product functions, he does not understand. I have submitted to them 5 years of 1099 INT forms prepared and reported to IRS from my broker along with a quarterly statement for 2018. Why does it matter how the product functions?  The 1099's are proof of earned income an. The "compliance officer" refuses to use the 1099's as proof of income. Can he legally refuse to acknowledge the existence of 1099's and reject me as a candidate?      </p>

<p><a href="https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&amp;division=3.&amp;title=2.&amp;part=2.8.&amp;chapter=6.&amp;article=2." rel="nofollow noreferrer">Gov. Code 12955</a> states that</p>

<blockquote>
  <p>It shall be unlawful:</p>
  
  <p>(a) For the owner of any housing accommodation to discriminate against
  or harass any person because of the race, color, religion, sex,
  gender, gender identity, gender expression, sexual orientation,
  marital status, national origin, ancestry, familial status, source of
  income, disability, or genetic information of that person.</p>
</blockquote>

<p>For example, it would be illegal to refuse to rent to a person because they hold an at-will wage job from which they could be fired (as opposed to a tenured university teaching position); it would be illegal to refuse to include SS income on the presumption that SS will go bankrupt; it would be illegal to refuse to rent to a person whose source of income was sales commissions. Note that</p>

<blockquote>
  <p>“source of income” means lawful, verifiable income paid directly to a
  tenant or paid to a representative of a tenant.</p>
</blockquote>

<p>A 1099 form is pretty solid as a form of income verification.</p>

<p><a href="http://housing.org/fair-housing/source-of-income-discrimination/" rel="nofollow noreferrer">This note</a> discusses income source discrimination under California law, the the <a href="https://www.dfeh.ca.gov/housing/" rel="nofollow noreferrer">Department of Fair Employment and Housing</a> has a link regarding filing a complaint.</p>
