Loose Leaf Properties
Legal

California Fair Housing Laws: A Complete Guide for Landlords

Understand California's comprehensive fair housing requirements, including protected classes, prohibited practices, reasonable accommodations, and how to maintain compliance throughout the rental process.

Updated January 2026
13 min read

Fair housing compliance isn't just a legal requirement—it's fundamental to ethical property management. California's Fair Employment and Housing Act (FEHA) provides broader protections than federal law, and violations can result in significant penalties, lawsuits, and reputational damage. For Bay Area landlords, where tenant populations are diverse and housing advocates are active, understanding and following these requirements throughout the rental process is essential.

Disclaimer

This article provides general information only and does not constitute legal advice. Fair housing law is complex. Consult with a qualified attorney for specific situations.

Protected Classes in California

California law protects significantly more classes than federal fair housing law. The federal Fair Housing Act protects seven classes, while California's FEHA expands this to include additional categories. You cannot discriminate based on any of the following:

Race & Color
National Origin & Ancestry
Religion
Sex & Gender
Sexual Orientation
Gender Identity/Expression
Marital Status
Familial Status
Disability
Source of Income
Military/Veteran Status
Genetic Information

Additionally, many Bay Area cities have local ordinances that add further protections. For example, some cities protect based on immigration status, weight, height, or political affiliation. Always check local laws in addition to state requirements.

Source of Income Protection

California's source of income protection deserves special attention as it's frequently misunderstood. Landlords cannot refuse to rent to someone because their income comes from:

  • Section 8 housing choice vouchers
  • Disability benefits (SSDI, SSI)
  • Social Security retirement benefits
  • Child support or alimony
  • Public assistance (CalWORKs, TANF)
  • Veterans benefits
  • Any other lawful source of income

Important Clarification

Source of income protection doesn't mean you must accept unqualified voucher holders. You can still apply consistent screening criteria including rental history, credit check results, and background verification. The voucher or income source itself simply cannot be the reason for rejection. You're evaluating the person, not the source of their rent payment.

Prohibited Practices

Fair housing violations can occur throughout the entire rental process. Understanding where discrimination commonly occurs helps you avoid mistakes:

In Advertising

Avoid language that expresses preference or limitation based on protected classes. Examples of problematic language:

  • "Perfect for young professionals" → suggests age discrimination
  • "Great for families" → may discriminate against non-families
  • "Close to church" → implies religious preference
  • "No children" → violates familial status protection
  • "Single occupancy only" → may discriminate against families
  • "English speakers only" → national origin discrimination

Stick to describing the property itself: number of bedrooms, amenities, location features, and rental terms. Let prospective tenants self-select based on their needs.

In Screening

Apply identical criteria to every applicant. Document your standards in writing before advertising. If you require income of 3x rent, apply that to everyone. If you check credit, check everyone's credit using the same standards. The key to defensible screening is consistency—same criteria, same process, same documentation for every applicant.

During Tenancy

Provide equal service and maintenance response to all tenants. Selective enforcement of rules against some tenants but not others can constitute discrimination. If you enforce quiet hours against one tenant, enforce them against all tenants. If you respond within 24 hours for one maintenance request, respond similarly for all.

Reasonable Accommodations and Modifications

Fair housing law requires landlords to make reasonable accommodations for tenants with disabilities. This means modifying rules, policies, or practices when necessary to give disabled persons equal opportunity to use and enjoy housing. The key word is "reasonable"—you're not required to make changes that create undue hardship or fundamentally alter your operations.

Common Accommodation Requests

  • Allowing assistance animals (emotional support animals or service animals) even in no-pet properties
  • Providing reserved parking closer to the unit for mobility impairments
  • Allowing early lease termination for disability-related moves
  • Modifying communication methods for sensory disabilities
  • Permitting a live-in aide not on the lease
  • Waiving guest parking restrictions for medical appointments
  • Moving to a ground-floor unit when one becomes available

Reasonable Modifications

Reasonable modifications are physical changes to the property that a disabled tenant needs. Tenants may request modifications at their own expense, and landlords generally cannot refuse if the modification is reasonable. Common examples include:

  • Grab bars in bathrooms
  • Ramps for wheelchair access
  • Lowered countertops or cabinets
  • Lever-style door handles
  • Visual doorbells for hearing-impaired tenants
  • Roll-in showers or tub modifications

Responding to Accommodation Requests

When receiving a request: 1) Engage in interactive dialogue to understand the need, 2) Request documentation if the disability isn't obvious (you can request verification from a healthcare provider but cannot ask for detailed medical records), 3) Explore alternatives if the specific request creates undue burden, and 4) Respond promptly in writing. Never simply deny requests without this interactive process.

Assistance Animals vs. Pets

Assistance animals (service animals and emotional support animals) are not pets under fair housing law. You cannot charge pet deposits or pet rent for assistance animals. You cannot deny them based on breed, size, or weight restrictions that apply to pets. However, you can require documentation of disability-related need (for ESAs), and you can deny animals that pose a direct threat to others or cause significant property damage.

Familial Status Protection

Landlords cannot discriminate against families with children under 18. This protection extends broadly:

  • Cannot refuse to rent to families with children
  • Cannot require families to live in certain units or buildings
  • Cannot charge higher deposits for children
  • Cannot impose rules that disproportionately burden families (like pool hours that completely exclude children)
  • Cannot require that children be supervised at all times in common areas
  • Cannot limit the number of children per bedroom more restrictively than adults

Legitimate Occupancy Standards

You can establish reasonable occupancy limits—typically two persons per bedroom plus one is considered reasonable (so a 2-bedroom could house 5 people). But these standards must be applied consistently to all applicants regardless of whether they have children. You cannot have different standards for families versus roommates.

Penalties for Violations

Fair housing violations carry severe consequences through multiple enforcement channels:

Administrative Complaints (CRD/HUD)

  • • Orders to rent to the complainant
  • • Civil penalties up to $50,000 (first violation)
  • • Up to $100,000 for repeat violations
  • • Mandatory fair housing training
  • • Ongoing monitoring and reporting

Private Lawsuits

  • • Actual damages (out-of-pocket costs)
  • • Emotional distress damages
  • • Punitive damages (can be substantial)
  • • Attorney fees (plaintiff's and your own)
  • • Injunctive relief

Note: Many fair housing attorneys take cases on contingency, making it easy for complainants to pursue claims. The filing rate for fair housing complaints is high, and landlords bear the burden of proving non-discriminatory intent.

Best Practices for Compliance

  • Document everything: Keep records of all applications, screening criteria, and decisions
  • Use consistent criteria: Written standards applied identically to every applicant
  • Train regularly: Ensure anyone involved in renting understands fair housing
  • Respond to requests: Engage in the interactive process for accommodations
  • Seek guidance: When uncertain, consult with a fair housing attorney before acting

Prevention Is Key: The best protection against fair housing claims is consistent, documented processes applied equally to everyone. Professional property managers maintain these systems and train their teams in fair housing compliance—reducing risk while ensuring equal treatment for all applicants and tenants.

Fair housing compliance requires ongoing attention throughout the rental relationship—from advertising through tenancy to move-out. When in doubt about a specific situation, consult with a fair housing attorney before taking action. The cost of advice is far less than the cost of defending against complaints.

Fair Housing Compliant Management

Loose Leaf Properties maintains strict fair housing compliance with documented processes, consistent screening, and ongoing team training.

Get Free Rent Analysis Contact Us Today