California law prohibits housing discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status and genetic information (Gov. Code § 12955). Source of income includes housing subsidies such as Section 8 vouchers. Under the Unruh Civil Rights Act a violation can bring actual damages, up to three times actual damages with a $4,000 minimum per offense, and attorney’s fees (Civ. Code § 52).
Who is protected from housing discrimination in California?
Gov. Code § 12955 lists the protected characteristics above. Federal law (the Fair Housing Act) separately covers race, color, national origin, religion, sex, familial status and disability. When the two differ, follow the stricter California rule. Some cities add more: the City of San Diego, for example, has a source-of-income ordinance (see the San Diego page).
Can I refuse a tenant who pays with a voucher?
No. California defines source of income to include lawful, verifiable income, public assistance and housing subsidies, including Section 8 vouchers (Gov. Code § 12955). You may still apply the same financial screening to everyone, and you may not advertise or act in a way that excludes voucher holders.
Can I ask about immigration status?
Generally no. Civ. Code § 1940.3 bars landlords from asking about or requiring disclosure of a tenant’s or applicant’s immigration or citizenship status, and from reporting or threatening to report it to pressure, retaliate against or evict a tenant, with limited exceptions such as federal legal obligations, court orders and verifying identity or financial qualification.
How do I stay safe in ads, screening and requests?
- Ads: describe the unit, not the people you prefer. Avoid phrases that signal a preference for or against a protected group.
- Screening: write down your criteria (income ratio, credit, rental history) and apply them to every applicant in the same way. Keep the records.
- Disability requests: when a tenant with a disability asks for a reasonable accommodation or modification, consider it individually and respond promptly. The California Civil Rights Department and HUD publish guidance.
- Families: do not steer families with children to particular units or floors.
What can a discrimination claim cost?
Remedies depend on the claim. Under Civ. Code § 52, the Unruh Civil Rights Act provides actual damages, up to three times actual damages, a minimum of $4,000 per offense, and attorney’s fees. Housing complaints can also go to the California Civil Rights Department and HUD. See the CRD’s housing discrimination page and Unruh Act page.
Frequently asked questions
Is source of income a protected class in California?
Yes. Government Code § 12955 protects source of income, which includes public assistance and housing subsidies such as Section 8 vouchers.
What is the minimum Unruh Act penalty?
Civil Code § 52 provides for actual damages plus up to three times actual damages, with a $4,000 minimum per offense, and attorney’s fees.
Can a landlord ask whether a tenant is a citizen?
Generally no. Civil Code § 1940.3 restricts inquiries about and reports of immigration or citizenship status, with narrow exceptions.
Which official sources should I read?
- Gov. Code § 12955 (housing discrimination)
- Civ. Code § 52 (Unruh Act remedies)
- Civ. Code § 1940.3 (immigration status)
- California Civil Rights Department: housing discrimination
- California Civil Rights Department: Unruh Act
- HUD: Fair Housing and Equal Opportunity
This guide is general information about California law as of Nov 13, 2026, and local ordinances may be stricter. Check the linked sources or consult a qualified attorney. Read the disclaimer.
Have a question about your situation, want tips, or need a referral? Email the CLRC team at [email protected]. We share general information, not legal advice, and we’re not a law firm.