Real Estate Forums

San Diego Real Estate · 05-03-2006, 07:50 AM

The prohibition against the unauthorized use of information on the Megan's Law Web site does not in itself qualify registered sex offenders as a class protected from housing discrimination under the Fair Employment and Housing Act (the "Act"). That was the opinion recently rendered by California's Attorney General Bill Lockyer on April 27, 2006.

As background, the Department of Justice makes available, through its Brought to you by the California Association of REALTORS®

Megan's Law Web site, access to information about registered sex offenders. The law, however, prohibits the use of this information for purposes relating to, among other things, housing or accommodations, loans, credit, or employment, except to protect a person at risk or as authorized by law.

The Attorney General was asked to render an opinion as to whether this prohibition against unauthorized use qualified registered sex offenders as a class protected from housing discrimination. The Attorney General concluded that it did not. "Registered sex offenders may be subject to housing discrimination 'to protect a person at risk' and as authorized by 'any provision of law,' but for no other reason," according to the Attorney General. "Under the Act, on the other hand, a claimant falling under a non-enumerated classification must satisfy the three-prong Harris test to prove unlawful housing discrimination in the particular circumstances" (citing Harris v. Capital Growth Investors XIV (1991) 52 Cal. 3d 1142). Briefly, the three-prong Harris test involves whether a claim of discrimination is based on a classification involving personal characteristics, whether the alleged discriminatory act at issue serves a legitimate business interest, and what the policy considerations are.

The Attorney General's opinion in this matter is fully set forth at its Web site at http://ag.ca.gov/opinions/published/05-301.pdf. Opinions of the Attorney General are not binding law, but they are entitled to great respect by the courts.

Las Vegas Real Estate · 06-02-2006, 06:55 PM

I think that this was an important post, if not only to inform people as to what Megan's law entails. I think that it is every Las Vegas home owner's right to know if someone within their area is a registered sex offender (well, every home owner for that matter). Thanks for the info SDRE

San Diego Homes & Condos · 06-06-2006, 07:17 PM

I think every one should discriminate against sex offenders! I know I am afraid to see if there are any near me I should look.

Miami Beach Condos · 06-15-2006, 02:49 PM

Absolutely! Should a person commit a crime that they are forced to register as a sex offender they give up thier right not to be discriminated against. However those people who live in the nieghborhood that this person is wanting to live in should be able have a voice and reject such a person in the neighborhood they chose to make a home for their family in. There are enough things in this world to worry about without having to wonder if your sex offending neighbor learned his or her lesson the first time they were caught.

REMAX LV · 06-19-2006, 04:08 PM

Well put guys! If you have no trouble committing the crime, then you should not have any problem with letting people know about it. I know that here in the Las Vegas home market, I not only want to know who is iving next door to me, but I feel that I have a right to know if they are a sex offender!