Tenant Discrimination: California Fair Housing Law and Your Rights

California Tenant Defense System | Justice Foundation

California’s Fair Employment and Housing Act (FEHA) and the Unruh Civil Rights Act provide some of the broadest anti-discrimination protections for tenants in the nation. California protects more characteristics than federal fair housing law — and the penalties for discrimination are substantial. If you believe you’ve been discriminated against in housing, you have powerful legal tools available.

Protected Characteristics in California

California prohibits housing discrimination based on: race, color, religion, sex (including gender identity and expression), sexual orientation, marital status, national origin, ancestry, familial status (including pregnancy and having children), disability (physical or mental), source of income (including housing vouchers and Section 8), immigration status, primary language, and age. The source-of-income protection is particularly significant — California landlords cannot refuse to rent to Section 8 voucher holders simply because of the voucher.

Forms of Prohibited Discrimination

Discrimination includes: refusing to rent to a qualified applicant based on a protected characteristic, setting different terms or conditions based on a protected characteristic, providing false information about unit availability, making discriminatory statements in listings or communications, failing to make reasonable accommodations for tenants with disabilities, and retaliating against tenants who file discrimination complaints.

Reasonable Accommodations for Disability

Landlords must make reasonable accommodations in rules, policies, and practices for tenants with disabilities — including allowing assistance animals regardless of no-pet policies. A landlord who refuses to allow a support animal with proper documentation is violating both state and federal fair housing law. The accommodation request process, documentation requirements, and the landlord’s obligations are specific and well-defined in the Justice Foundation kit.

Filing a Discrimination Complaint

File complaints with: the California Department of Fair Employment and Housing (DFEH), now part of the Civil Rights Department; the federal Department of Housing and Urban Development (HUD); or file a private lawsuit directly. California has a three-year statute of limitations for fair housing claims. Damages include actual damages, punitive damages, and attorney’s fees. The Justice Foundation kit includes DFEH complaint forms, documentation guides, and the standards California courts apply to housing discrimination claims.