Department of Fair Employment and Housing v. 1105 Alta Loma Road Apartments, LLC

In Department of Fair Employment and Housing v. 1105 Alta Loma Road Apartments, LLC (2007) 154 Cal.App.4th 1273, the DFEH brought the disability discrimination suit against a landlord that, as part of removing an apartment building from the rental market, had removed a disabled tenant through unlawful detainer after the tenant refused to disclose the nature of her disability (to confirm it qualified for a statutory extension for the tenant to move). Although the DFEH case came after the landlord's protected activity (rent control removal proceedings and unlawful detainer proceedings), it was not based on that protected activity, but rather on the failure to give the tenant an extension of time to move.