Fair Housing Rights in California

The Fair Employment and Housing Act (FEHA), the Unruh Act and other California state laws prohibit discrimination in housing because of:   

• Race
• Color
• National origin
• Religion
• Sex
• Familial status (including children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody of children under 18)
• Handicap (disability)
• Age
• Ancestry
• Citizenship
• Gender Identity and Gender Expression
• Genetic Information
• Immigration Status
• Marital Status
• Primary Language
• Sexual Orientation
• Source of Income
• Any other arbitrary basis (for example, Occupation or Veteran Status)

What Type of Housing Is Covered?
California state fair housing laws cover most housing. While the federal Fair Housing Act has additional exemptions, these do not apply in California. In California, the main exemption applies to an owner-occupied single-family home, where the owner does not rent to more than one individual, and the owner complies with FEHA's prohibition against discriminatory statements, notices, or advertisements. In addition, exemptions apply to housing operated by organizations and private clubs that limit occupancy to members, and statements indicating a preference for same-sex roommates in shared living situations.

What Is Prohibited?
In the Sale and Rental of Housing: It is illegal to take any of the following actions based on the protected classes listed above:

• Refusal to rent, sell, or negotiate for housing, or otherwise make housing unavailable
• Providing different terms, conditions, privileges, or provision of services or facilities 
• Falsely denying that housing is available for inspection, sale, or rental
• Refusal to make necessary reasonable accommodations or modifications
• Statements or advertisements indicating a preference, limitation, or discrimination based upon membership in a protected class
• Restricting or attempting to restrict a person's housing choices, by words or conduct, in connection with seeking, negotiating for, buying, or renting a dwelling (steering)
• Persuading, for profit, an owner to sell or rent their dwelling because of the entry or prospective entry of a particular protected class into the neighborhood (blockbusting)
• Denying or offering less desirable lending (discrimination) terms or conditions for residential real estate transactions (lending), or
• Denying anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.

In addition, it is illegal for anyone to:

• Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right

Fair Housing Protections for People
​with Disabilities in California

If you or someone in your family:

• Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, emotional or mental illness, AIDS, AIDS Related Complex and mental retardation) that limits one or more major life activities
• Have a record of such a disability or
• Are regarded as having such a disability

Your housing provider may not:

• Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the disabled person to use the housing. (Where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move.)
• Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing.

Example: A building with a "no pets" policy must allow a visually impaired tenant to keep a guide dog.
Example: An apartment complex that offers tenants unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment.
However, housing need not be made available to a person who is a direct threat to the health or safety of others or who currently uses illegal drugs.

More Information about Fair Housing in California
The Department of Fair Employment and Housing (DFEH) is the local agency responsible for enforcing California state fair housing laws. The primary state fair housing laws are FEHA and the Unruh Act. For more information about fair housing laws visit our Resources page.
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Local Fair Housing Protections in Marin County

​In Marin County, Ordinance No. 3656 prohibits discrimination based on source of income. Advertisements that indicate preference, limitation or discrimination based on source of income are illegal. “Source of income" refers to all lawful sources of income or rental assistance programs, homeless assistance programs, security deposit assistance programs or housing subsidy programs, such as Section 8 housing vouchers. 

More Information about Fair Housing in California
The Department of Fair Employment and Housing (DFEH) is the local agency responsible for enforcing California state fair housing laws. The primary state fair housing laws are FEHA and the Unruh Act. For more information about fair housing laws visit our Resources page.