Section 8 and Housing Vouchers in California: Your Rights as a Voucher Holder

California Tenant Defense System | Justice Foundation

California prohibits landlords from refusing to rent to tenants who use Section 8 Housing Choice Vouchers or other rental assistance programs. Source of income discrimination — refusing to accept a tenant because they pay with a voucher rather than personal funds — is illegal under California Government Code Section 12955. Despite this clear legal prohibition, source of income discrimination remains common, and knowing how to document and challenge it is essential for voucher holders.

The Legal Prohibition

Government Code Section 12955 explicitly prohibits housing discrimination based on “source of income,” which is defined to include lawful verifiable income paid directly or indirectly to a tenant, including rent subsidies from federal, state, or local housing assistance programs. This means a landlord cannot advertise “no Section 8,” cannot refuse to process a voucher holder’s application, cannot impose additional requirements on voucher holders that don’t apply to other applicants, and cannot terminate a tenancy because the tenant begins using a voucher during the tenancy.

Common Forms of Voucher Discrimination

“No Section 8” advertising is an explicit violation. Failing to respond to voucher holder applications while responding to others is circumstantial discrimination. Claiming a unit is “already rented” when it is still available constitutes discrimination if the decision was based on the applicant’s voucher status. Imposing different qualifying criteria — higher income requirements, additional deposits, or different lease terms — for voucher holders is illegal. Each of these is reportable to the California Department of Civil Rights (formerly DFEH) and actionable in civil court.

How to Document and Report Violations

Document any discriminatory statement or action with notes, screenshots of ads, and records of all communications. Test the landlord’s response by having a non-voucher holder inquire about the same unit. File a complaint with the California Department of Civil Rights at calcivilrights.ca.gov within one year of the discriminatory act. Many fair housing organizations in California provide free testing and complaint assistance for voucher holders. The Justice Foundation kit covers Section 8 discrimination documentation and the complaint process in detail.