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A. In the City of Berkeley, it is unlawful to restrict housing choice on the basis of race, color, disability, religion, sex, familial status, national origin, sexual orientation, marital status, ancestry, age, and source of income.

B. The City of Berkeley is committed to providing and preserving fair and affordable housing for all income levels.

C. The City of Berkeley wants to increase the availability of housing to all income levels and eliminate any limitations in the provision of housing, including discrimination based on a person’s source of income.

D. City of Berkeley, which administers the Housing Voucher Programs including the Housing Choice Voucher Program, also known as "Section 8," and the Veterans Affairs Supportive Housing Voucher Program reports a shortage of landlords participating in the program. This shortage may reflect discrimination against tenants with Housing vouchers; and discrimination against Housing voucher holders significantly reduces the stock of rental housing that is available to them; and

E. There are more than 300 low-income families, seniors and differently abled individuals that presently homeless that could afford market rents if landlords would allow them to apply for apartments and accept the voucher from one of the many government funded programs. Other jurisdictions in the United States have seen upwards of 12 percent increase in acceptance of Section 8 Housing Choice Vouchers when similar ordinances have been passed barring the refusal to accept Section 8 Housing Choice Vouchers to pay for apartments.

F. California Government Code §12921 prohibits housing discrimination based on source of income as defined by §12955(p)(1), which does not protect Housing Choice voucher holders as established by case law (SABI v. Sterling, 183 Cal.App.4th 916 (2010)); and California and federal law further requires the City of Berkeley to identify impediments to providing affordable housing and to develop strategies for removing those impediments. In order to fulfill its commitment to fair housing, to increase affordable housing opportunities, and to fulfill its legal obligations it is necessary to prohibit housing discrimination based on source of income. (Ord. 7568-NS § 2 (part), 2017)