What fair housing laws must landlords follow?
This rental guidance was reviewed by the Tenants & Landlords Intelligence Team, specializing in lease agreements, notices, rent disputes, deposits, evictions, and tenant-landlord operational procedures.
Fair Housing Laws for Landlords in California: A Comprehensive Guide
As a landlord in California, understanding and complying with fair housing laws is crucial to managing your rental properties legally and ethically. These laws protect tenants and prospective tenants from discrimination based on various protected characteristics, ensuring equal access to housing opportunities. California’s fair housing regulations build upon federal guidelines but also include state-specific protections that extend beyond federal law.
This guide details the fair housing laws you must comply with as a landlord in California, helping you maintain lawful practices throughout your rental process.
Federal Fair Housing Act Overview
At the federal level, the Fair Housing Act (FHA) prohibits discrimination in housing practices based on these protected classes:
- Race
- Color
- National origin
- Religion
- Sex (including gender identity and sexual orientation)
- Familial status (presence of children under 18)
- Disability
California Fair Employment and Housing Act (FEHA)
The cornerstone of California’s fair housing enforcement is the Fair Employment and Housing Act (FEHA), overseen by the California Department of Fair Employment and Housing (DFEH). FEHA incorporates all protections provided by federal law and adds others specific to California, making it one of the most comprehensive fair housing statutes.
Protected Classes Under FEHA
Landlords in California must not discriminate against tenants or applicants based on:
- Race
- Color
- National origin
- Ancestry
- Religion
- Sex, gender, gender identity, gender expression
- Sexual orientation
- Marital status
- Familial status (including pregnancy and children)
- Disability (mental and physical)
- Medical condition (including cancer and genetic characteristics)
- Age (40 years and older)
- Genetic information
- Source of income (including Section 8 or other housing subsidies)
- Military or veteran status
Key Compliance Requirements for Landlords
To comply with California’s fair housing laws, landlords must adhere to legal requirements throughout every phase of the rental process:
1. Advertising
- Non-Discriminatory Language: Avoid language that indicates a preference or limitation based on any protected class. For example, do not specify “no children,” “no pets for seniors,” or “ideal for singles.”
- Equal Access to Information: Advertise your property fairly and provide equal access to application and leasing information.
2. Tenant Screening and Selection
- Consistent Criteria: Use the same objective criteria to evaluate all applicants, such as creditworthiness, income verification, and rental history.
- No Discriminatory Questions: Avoid questions that directly or indirectly reveal protected characteristics.
- Source of Income: Do not reject an applicant solely because they receive housing vouchers or assistance.
- Disability-Related Accommodations: Provide reasonable accommodations in screening policies for persons with disabilities—for instance, allowing a service animal even if pets are generally prohibited.
3. Lease Terms and Conditions
- Uniform Treatment: Apply lease terms, rules, and conditions consistently to all tenants.
- Reasonable Modifications and Accommodations: Permit tenants with disabilities to make reasonable modifications at their own expense and allow reasonable accommodations to policies, including providing reserved parking or installing grab bars.
4. Maintenance and Repairs
- Equal Service: Maintain the property equally for all tenants without discrimination.
- Accessibility: If you own buildings with five or more units built after March 13, 1991, housing must be accessible to persons with disabilities according to the California Building Code and the Fair Housing Act.
5. Evictions and Terminations
- No Discriminatory Eviction: Avoid evicting tenants based on protected characteristics.
- Good Cause Requirements: Comply with California’s “just cause” eviction protections and any local rent control ordinances.
- Retaliation Prohibited: Do not retaliate against tenants who exercise fair housing rights or report discrimination.
Additional Protections Specific to California
Source of Income Discrimination
California prohibits discrimination based on source of income expressly, which includes protections for:
- Housing vouchers (e.g., Section 8, CalWORKS)
- Social security or disability benefits
- Other lawful income sources
Genetic Information
California law protects applicants and tenants from discrimination based on genetic characteristics or testing results, even if not apparent.
Family Status and Pregnancy
Landlords may not discriminate against applicants or tenants with children or those who are pregnant. This ensures families have equal housing opportunities without restrictions aimed at excluding children.
Reasonable Accommodations and Modifications: In-Depth
Under both federal and California law, you must make reasonable accommodations and allow reasonable modifications for tenants with disabilities, unless doing so would cause an undue financial or administrative burden.
- Reasonable Accommodation examples: Allowing a tenant with a disability to have a live-in caregiver, waiving a no-pet rule for a certified service animal.
- Reasonable Modification examples: Installing grab bars in a bathtub, adding a ramp to access a doorway.
Enforcement and Penalties
The California Department of Fair Employment and Housing is the primary agency responsible for investigating and prosecuting fair housing violations. Landlords found in violation of fair housing laws may face:
- Civil penalties
- Compensatory damages to victims
- Injunctive relief (court orders to correct discriminatory practices)
- Attorney’s fees and costs
Best Practices for Landlords
To ensure compliance and foster a fair rental environment:
- Conduct training for yourself and your staff on fair housing laws.
- Develop written policies that promote consistent screening, leasing, and maintenance procedures.
- Keep detailed records of rental applications, communications, and decisions.
- Respond promptly and professionally to accommodation requests.
- Post fair housing logos and statements in leasing offices and on advertisements to affirm your commitment to nondiscrimination.
Conclusion
California landlords must adhere to strict and extensive fair housing laws that protect tenants from discrimination based on a wide range of characteristics. Understanding your legal obligations under both federal and California statutes is essential to avoid penalties and promote inclusive housing practices.
By applying consistent criteria, respecting tenant rights, and providing reasonable accommodations, landlords can manage their properties effectively while upholding the principles of fair and equal housing for all Californians.