A lawyer in San Francisco has stated that a landlord can legally restrict attendance at an open house to individuals who identify as “Maga voters and Israeli supporters.” Joseph Tovener, a tenant’s rights attorney, emphasized that political orientation isn’t considered a protected class under California or federal law, suggesting there’s no legal violation in this case.
“When we think of protected classes, we usually look at attributes like ethnicity, religion, or source of income,” Tovener noted. “However, in this instance, the focus is on political affiliation, and that’s not covered by fair housing laws.” It’s a contentious issue—as he admits, his views occasionally upset people.
Recently, a 48-year-old landlord named Alexander Baran listed his two-bedroom apartment in Sunnyside on Zillow. The listing, active until August 5, specified that only “Maga voters” and Israeli supporters could attend the open houses. When approached by reporters, Baran’s responses were somewhat dismissive.
Tovener pointed out the significant housing crisis in the Bay Area, where potential renters often find themselves competing fiercely for available units. On any given day, people might line up for hours, and even then, many leave empty-handed because units are snatched up quickly.
Concerns are rising over landlords potentially excluding applicants based on political beliefs. “Landlords hold considerable power right now,” Tovener remarked. “It poses a real challenge from a tenant’s perspective. Everyone deserves housing, a basic human right. If we start allowing landlords to pick tenants based on political affiliation, it could create a troubling precedent.”
To amend the current laws to include political orientation as a protected class, Tovener mentioned that the California Legislature would need to take action. However, he also acknowledges that such a move would likely face significant legal hurdles, possibly reaching the Supreme Court.
Tovener, who has practiced tenant’s rights law for three decades, characterized San Francisco as a “boom and bust” city, recalling previous waves of technological growth. Now, with the rise of AI, he sees a surge in demand for housing, which further empowers landlords.
Rental prices in San Francisco have surged, with one-bedroom apartments seeing annual increases of 13.3%, while two-bedroom units have jumped by 16.3%, according to the Zumper National Rent Report. “With this ongoing boom, it’s essential that landlords respect boundaries to prevent unfair practices,” Tovener added.
As of now, Baran has not provided any comments following inquiries regarding his listing.
