Fair housing laws are a foundational part of property management and rental operations in California. These laws exist to protect renters from discrimination and ensure everyone has equal access to housing opportunities. For landlords, understanding and complying with both federal and California-specific fair housing laws is not just good business practice—it’s legally required. Violations, even if unintentional, can result in serious legal consequences, financial penalties, and reputational damage. Knowing what the law says about tenant rights, your responsibilities, and common compliance pitfalls can help you stay protected and professional.
Overview of Fair Housing Laws
Fair housing laws operate at the federal, state, and sometimes local levels. As a California landlord, you are subject to both the federal Fair Housing Act (FHA) and California’s more expansive Fair Employment and Housing Act (FEHA), which are enforced by the California Civil Rights Department (CRD).
Federal Fair Housing Act (FHA) prohibits discrimination based on:
- Race
- Color
- National origin
- Religion
- Sex
- Familial status
- Disability
California’s Fair Housing Laws add additional protected categories, including:
- Sexual orientation
- Gender identity and expression
- Source of income (including Section 8 vouchers)
- Marital status
- Age
- Ancestry
- Genetic information
- Citizenship and immigration status
These protected categories apply to every stage of the rental process—from marketing and advertising to lease signing, tenancy, and eviction.
Advertising and Marketing Practices
Fair housing compliance begins with your rental listing. Discriminatory language in ads is one of the most common fair housing violations, often due to poor wording or outdated habits. California landlords must avoid making any preference, limitation, or exclusion based on protected classes.
Examples of problematic phrases in ads:
- “Perfect for single professionals” (could exclude families)
- “No kids” (violates familial status protections)
- “English speakers only” (could be considered national origin discrimination)
- “Ideal for Christian tenants” (violates religion protections)
Instead, focus on neutral descriptions of the property itself, such as size, amenities, location, and features. Avoid language that implies preference for or against any particular group.
Tenant Screening and Application Process
Tenant screening is another area where unintentional discrimination can occur. While landlords have the right to set rental criteria—such as income requirements, credit scores, and rental history—those standards must be applied equally to all applicants.
Best practices for fair screening:
- Use a consistent written screening policy
- Apply criteria to all applicants without exception
- Document all decisions in writing
- Avoid asking questions that touch on protected characteristics
- Never ask about disability, immigration status, or family planning
Landlords must also accept all lawful sources of income—including housing vouchers and government assistance—as part of an applicant’s income. Refusing to rent to someone because they use a Section 8 voucher is illegal in California.
Accommodations and Modifications for Tenants With Disabilities
Both federal and California law require landlords to make reasonable accommodations for tenants with physical or mental disabilities. Accommodations are changes to rules, policies, or practices that allow a person with a disability to enjoy and use the property equally.
Examples of reasonable accommodations:
- Allowing an emotional support animal in a no-pets unit
- Providing a reserved parking space near the entrance
- Granting an extension on rent payment dates due to disability-related income delays
Landlords must also allow reasonable modifications at the tenant’s expense, such as installing grab bars or wheelchair ramps. In some cases, if the property is federally funded, the landlord may be required to pay for certain modifications.
You may request verification of the disability and the need for accommodation if it is not obvious, but you cannot ask for a diagnosis or medical records.
Dealing With Tenant Requests and Complaints
Fair housing compliance doesn’t end once a tenant moves in. How you respond to tenant concerns or enforce lease terms can also become the basis for discrimination claims if not handled fairly.
Situations to handle carefully:
- Complaints about noise from children or service animals
- Lease violations involving protected classes
- Retaliation after a tenant files a fair housing complaint
- Unequal enforcement of rules or policies
Apply all rules uniformly, document every interaction, and avoid personal commentary or assumptions about tenants based on race, disability, family size, or any other protected class.
Evictions and Lease Terminations
Evictions must also comply with fair housing laws. You may never evict a tenant for a discriminatory reason or in retaliation for exercising their legal rights. Always follow the formal legal process and ensure that the reason for the eviction is legitimate and well-documented.
Fair eviction practices include:
- Issuing notices according to just cause rules (if applicable)
- Providing written documentation of lease violations
- Avoiding selective enforcement of lease terms
- Maintaining professionalism and neutrality during conflicts
Even if the tenant is difficult or in violation of the lease, it’s important that your actions are driven by facts and compliance—not assumptions or frustration.
Local Ordinances and Additional Protections
Many California cities, including San Francisco, Los Angeles, Oakland, and Berkeley, have their own fair housing laws that go beyond state requirements. These local ordinances may provide additional protections, require landlord registration, or impose stricter limits on evictions and rent increases.
Examples of local requirements:
- Rent control and just cause eviction ordinances
- Expanded family and immigration status protections
- Required landlord disclosures or tenant education programs
Before taking any action related to tenancy or lease enforcement, check whether your local jurisdiction imposes additional fair housing requirements.
Training and Risk Reduction
Because fair housing laws are complex and ever-changing, landlords should stay informed and seek legal guidance when needed. In addition to consulting a qualified attorney, consider attending fair housing training through local apartment associations or the California Department of Real Estate.
Tips to reduce risk:
- Use standardized rental forms approved for use in California
- Train property managers and leasing agents on fair housing
- Keep written records of all interactions with applicants and tenants
- Implement consistent policies for screening, maintenance, and rule enforcement
Fair housing compliance is not just about avoiding lawsuits—it’s about treating all tenants and applicants with fairness, professionalism, and respect. A strong understanding of California’s fair housing laws will help you operate your rental business ethically and successfully.