California Fair Housing Act: An Overview

Key Takeaways

1. California landlords must comply with both federal and state Fair Housing laws, which prohibit discrimination against a broad range of protected classes.
2. Discriminatory actions—such as biased tenant screening, unfair treatment, or inappropriate advertising—can result in serious legal and financial consequences.
3. To stay compliant, landlords should apply consistent rental policies, accommodate tenants with disabilities, and avoid any language or practices that could be considered discriminatory.

In California, the state’s landlord-tenant law is contained under Civil Code 1940-1954.06. The code establishes the rights and responsibilities each party to the lease has. And among the list of responsibilities you have as a landlord is abiding by the state’s anti-discrimination laws. 

The Fair Housing Act in California is enforced by the state’s Fair Employment and Housing Act. It requires landlords to treat tenants without discrimination based on certain protected classes. 

As a landlord, the act dictates everything from how you market the rental property, to the tenant screening process, to how you handle repairs. Violating the act, whether knowingly or not, can have serious repercussions for your bottom line.

With that in mind, in today’s blog, we at BridgeHaus Property Managers will take you through the important basics of the Fair Housing Act in California. This will ensure that you not only stay legally compliant, but also build a solid relationship with your tenant. 

What is the Fair Housing Act?  

The Federal Fair Housing Act was passed by Congress in 1968 and signed into law t by President Johnson. The act is also known as Title VIII of the Civil Rights Act of 1968, and is codified at 42 U.S.C. 3601-3619. 

The enactment of the act came only after a long and difficult journey. However, the increasing pressure from civil rights organizations like the NAACP and the GI Forum tirelessly lobbied Congress to address housing discrimination.

What are the Protected Classes Under the Fair Housing Act in California? 

The protected classes under the Federal Fair Housing Act are race, color, religion, sex, disability, familial status, and nationality. Some states, including California, have also passed legislation to add extra protections to the list. The extra protections are contained under the state’s Fair Employment and Housing Act. 

Protected classes under the state law are ancestry, mental disability, citizenship status, gender identity/expression, marital status, immigration status, primary language, income source, sexual orientation, and military and veteran status. 

What are Some Examples of Fair Housing Violations? 

The California Fair Employment and Housing Act highlights certain actions as potentially discriminatory. The following are some examples of such behaviors: 

• Having policies that are overly strict for renters with children.
• Refusing to rent out your property to a tenant who meets your qualifying criteria because they belong to a certain protected class. 
• Treating tenants belonging to a certain protected class differently from others. For instance, not responding to their issues promptly or charging higher security deposits. 
• Falsely claiming that your California property isn’t vacant to deny a tenant of a certain protected class the opportunity to rent your property. 
• Cancelling the lease of a tenant because they are protected class.
• Refusing to provide a tenant with a mental or physical disability a reasonable accommodation.
• Asking prospective tenants discriminatory questions. Such as, where are you originally from? Are you married? Are you gay? Do you go to Church? Are you pregnant?
• Using discriminatory phrases in your rental ad. Examples include: Ideal for A Christian Family, Perfect for a Female Professional, or No Service Dogs Allowed. 

What Housing Types are Exempted Under the Fair Housing Act? 

Certain housing types are exempted from the Fair Housing Act. They include the following: 

• Buildings that contain four or fewer units, and one of the units is owner-occupied. 
• Buildings that are operated by religious organizations, such as schools. 
• A single-family home that the owner rents out on their own. However, the owner must not own more than three such homes. 
• Properties where the landlord has rented to a member of their immediate family. 
• Homes for the elderly. 
• Homes that are operated by private clubs. 

What Can a Landlord Do to Stay Legally Compliant with the Fair Housing Act? 

There are certain things you could do to stay in legal compliance with the Fair Housing Act including:

• Understanding all Fair Housing Laws that are applicable to you. There may be more at your local municipality. 
• Carrying out a fair and legal eviction process with proper documentation.
• Screening tenants using a consistent criterion when evaluating their applications. 
• Making sure that you provide tenants with mental or physical disabilities with reasonable accommodations. You may also have to honor any reasonable request they make for certain modifications to the unit. 
• Not using discriminatory statements when advertising your vacant rental property.
• Enforcing all terms of the lease fairly and equally to all tenants.

Bottom Line

Anti-discrimination housing laws are there to ensure fair access for all tenants, especially those with certain protected classes. With this information, now you know what things to do and what to avoid to ensure legal compliance. 

For expert help in the management of your San Diego rental property, look no further than BridgeHaus Property Managers. Get in touch today to learn about our professional property management services! 

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.