“Conservative towns in California still exist and my DIL (daughter in law) lives in one. She’s suffering terribly after a [sexual assault] resulted in pregnancy last year and after counseling and lots of prayer, she terminated it. It made the news and pro lifers are none too pleased with my son and DIL. They are distributing flyers in the neighborhood and posting on the HOA FaceBook about it and where she lives.

They don’t want to sell their house. The HOA won’t do anything about it. What can my son do to help her deal with the HOA?”

The Safe at Home program is a confidential address program administered by the California Secretary of State’s office and is most effective when used as a part of an overall safety plan. Safe at Home offers victims of domestic violence, stalking, sexual assault, human trafficking & elder and dependent abuse, as well as reproductive health care workers, a substitute mailing address to receive first class, certified, and registered mail. This address is also accepted by California state, county, and city government agencies in lieu of a residential or other mailing address where a victim can be tracked down, keeping the residence address confidential and out of the hands of someone who might want to harm the victim.

The Safe at Home program application is not available online. She must make an appointment with a certified enrolling agency to complete the application in person. For more information, she will want to contact the Safe at Home program at (877) 322-5227.

Beginning last January, Civil Code section 5216 requires HOAs to take their own steps upon request of a member who is an active participant in the Safe at Home program. Once she has become an active participant in the Safe at Home program, the HOA must accept and use the address designated by the Secretary of State as the Safe at Home participant’s substitute address under the Safe at Home program for all HOA communications, and withhold or redact information that would reveal the name, community property address, or email address of the Safe at Home participant from all resident community membership lists, including mailbox bank listings, resident directories, electronic keypads, unit property numbers, and internet web portal accounts and any membership list that will be shared with other members of the association. The HOA must also keep member participation in the Safe at Home program confidential.

Being a crime victim is not a “protected class” but she might also have a good claim for protected class harassment on the basis of gender and pregnancy.

My advice is to get her enrolled immediately, put the HOA on notice immediately thereafter, and then schedule an IDR with the HOA outlining her expectation that the HOA will keep her information confidential and will take disciplinary action against members who are participating in protected class harassment online.

Here’s information from the federal U.S. Department of Housing and Urban Development (HUD): https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview

The California Civil Rights Department (CRD) has state information here: https://calcivilrights.ca.gov/LegalRecords/

CRD is the new name for the Department of Fair Employment and Housing (DFEH). It changed last month.

** 9/30/22 Update: SB-1131 expands the address confidentiality program to include other individuals who face violence, harassment, or threats of violence from the public because of their work for a public entity and was signed into law on September 26, 2022.