Reviewed August 2026 · California
Fair Housing Law in California
California prohibits housing discrimination on a much longer list of protected characteristics than federal law, and applies it to advertising, screening, terms, services, and terminations alike.
At a glance
- State law
- FEHA + Unruh Civil Rights Act
- Federal law
- Fair Housing Act
- Source of income
- Protected — includes vouchers
- Unruh minimum damages
- $4,000 per violation
- Agency
- Civil Rights Department (CRD)
Who is protected
Federal law protects seven characteristics: race, color, national origin, religion, sex, familial status, and disability. California protects all of those and many more, including:
- Ancestry
- Marital status
- Sexual orientation, gender, gender identity, and gender expression
- Age
- Genetic information
- Citizenship, primary language, and immigration status
- Military or veteran status
- Source of income, including Section 8 and other rental assistance
- Any arbitrary characteristic, under the Unruh Civil Rights Act
What counts as discrimination
It is not only refusing to rent. Prohibited conduct includes:
- Advertising a preference, limitation, or discrimination — including phrasing like "perfect for a single professional" or "no children."
- Applying different screening criteria, deposits, or lease terms to different applicants.
- Steering applicants toward or away from particular units or buildings.
- Providing different services or amenities.
- Refusing a reasonable accommodation or modification for a disability.
- Harassment, or retaliation against someone who asserts a fair housing right.
Intent is not required. A neutral policy with a disparate impact on a protected class can be unlawful even where no one intended to discriminate — occupancy limits stricter than roughly two persons per bedroom plus one are the classic example.
Reasonable accommodations and modifications
A landlord must grant a reasonable accommodation — a change to a rule, policy, or service — when a disabled tenant needs it to have equal use of the housing. Waiving a no-pets policy for an assistance animal and assigning an accessible parking space are the two most common.
A reasonable modification is a physical change to the unit. The tenant generally pays for it in private housing, and the landlord may require restoration at move-out for changes that would interfere with the next tenant's use.
A landlord may ask for verification of the disability-related need where the disability is not obvious, but may not ask for a diagnosis or medical records.
How claims get brought
A tenant or applicant may file with the California Civil Rights Department, with HUD, or directly in court. Remedies include actual damages, emotional distress damages, civil penalties, injunctive relief, and attorney fees. Testers — paired applicants who apply in order to document differential treatment — are widely used and their evidence is admissible.
Common questions
What are the protected classes in California housing?
FEHA protects race, color, religion, sex, gender, gender identity and expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, citizenship, primary language, and immigration status — plus arbitrary discrimination under the Unruh Act.
Can a California landlord refuse Section 8?
No. Source of income is a protected characteristic, and the definition includes housing vouchers and rental assistance. Refusing to accept or consider a voucher is unlawful discrimination.
Can a landlord ask about immigration status?
No. California prohibits landlords from asking about or disclosing a tenant's immigration status, and from using it as a basis for any housing decision or as leverage in a dispute.
Is a "no children" rule legal?
No. Familial status is protected. Occupancy standards must be reasonable — restrictions tighter than roughly two people per bedroom plus one are routinely challenged as a proxy for excluding families.
Sources
This is general information, not legal advice. California law changes every year and local ordinances often go further than state law. Check your city and county rules, and talk to a California attorney before acting on anything here.