California Fair Housing Act: An Overview

Key Takeaways:

• California landlords must follow both federal and expanded state fair housing laws, ensuring every decision is based on objective, consistent criteria to avoid discrimination.
• Standardize screening and income policies. Use written criteria for income, credit, and rental history, apply them equally to all applicants, and accept lawful income sources (including housing assistance).
• Ensure compliant advertising and accommodations. Keep listings neutral and focused on property features, and provide reasonable accommodations for disabilities (such as allowing service animals or policy adjustments).

The Fair Housing Act (FHA) prohibits discrimination in housing-related activities such as renting, selling, advertising, and financing residential property.

California follows the federal Fair Housing Act but also expands protections through state laws. Because of these additional rules, property owners operating in California must understand both federal and state housing protections to remain compliant. Ensuring landlords follow fair housing laws, landlord-tenant law, and security deposit laws is essential. Failing to comply with these can lead to complaints, investigations, and legal penalties.

Real Property Management put together this article so landlords understand how these laws apply to rental properties.

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What the Federal Fair Housing Act Covers

The Fair Housing Act prohibits discrimination based on certain protected characteristics. These protections apply when advertising rental housing, screening tenants, setting lease terms, or managing residents during a tenancy.

Under federal law, housing providers cannot discriminate based on the following protected classes: race, color, religion, sex, national origin, familial status (presence of children under 18), disability.

These protections apply to most rental housing and housing-related transactions throughout the United States. Property owners cannot refuse to rent to someone, set different rental conditions, or advertise housing preferences that discriminate against individuals in these protected categories.

Fair housing compliance also applies to property marketing, showing procedures, application requirements, and resident management practices.

California’s Expanded Fair Housing Protections

California has some of the strongest housing discrimination protections in the country. The California Fair Employment and Housing Act (FEHA) expands the list of protected classes beyond the federal Fair Housing Act.

In California, housing discrimination is prohibited based on:

• Race
• Color
• Religion
• National origin
• Sex
• Gender identity and gender expression
• Sexual orientation
• Familial status
• Disability
• Marital status
• Source of income
• Ancestry
• Age
• Medical condition
• Genetic information
• Military or veteran status

These additional protections mean property owners must exercise extra caution when evaluating applicants and managing rental properties.
For example, California law requires housing providers to accept lawful sources of income, including housing assistance programs. Property owners cannot refuse applicants simply because their rent payments come from a housing subsidy.

Protection Against Arbitrary Characteristics

California law also protects individuals from discrimination based on arbitrary characteristics. Arbitrary characteristics refer to traits or personal features that have no legitimate connection to housing eligibility.

Examples may include discrimination based on appearance, lifestyle assumptions, or other personal traits unrelated to an applicant’s ability to meet rental requirements. Housing providers cannot create policies or decisions based on subjective preferences that unfairly target certain individuals.

Rental decisions must be based on objective criteria such as income verification, rental history, and credit qualifications rather than personal opinions or assumptions.

These protections help ensure that housing decisions remain fair and consistent.

Advertising Rules Under Fair Housing Laws

Fair housing compliance begins with how properties are advertised when attempting to rent them out. Marketing materials must avoid language that suggests a preference for or against certain groups.

Advertising cannot include statements that exclude protected classes. Examples of problematic advertising language include:

• Statements suggesting a property is only suitable for certain age groups.
• Advertising that discourages families with children.
• Descriptions implying preference for a specific gender, religion, or nationality.

Instead, advertisements should focus on the features of the property itself. Describing the number of bedrooms, property amenities, and neighborhood characteristics is acceptable as long as the language does not exclude protected groups.

Clear and neutral advertising helps property owners attract a broad pool of applicants while maintaining compliance with housing laws.

Fair Housing and Resident Screening

Resident screening is an essential part of property management, but screening criteria must be applied consistently. Housing providers may evaluate applicants based on objective factors such as income, rental history, and credit performance.

However, the same screening standards must apply to all applicants. Changing qualification requirements depending on an applicant’s background may be considered discriminatory.

Property owners should develop written screening policies that outline minimum income requirements, credit expectations, and rental history standards. Applying these policies consistently helps ensure fair treatment of all applicants.

Documentation also helps demonstrate that decisions were made based on objective criteria.

Reasonable Accommodations for Disabilities

Fair housing laws require property owners to provide reasonable accommodations for residents with disabilities.

Examples of reasonable accommodations may include:

• Allowing service animals even in properties with no-pet policies.
• Providing reserved parking spaces close to building entrances.
• Adjusting certain rules when necessary to accommodate a disability.

Residents may also request reasonable modifications, which involve physical changes to the property such as installing grab bars or ramps. In many cases, the resident may be responsible for the cost of these modifications.

Property owners must evaluate accommodation requests carefully and respond appropriately while maintaining property safety and compliance.

Familial Status Protections

Familial status protections prohibit discrimination against families with children under the age of 18. Housing providers cannot refuse to rent to families simply because children will live in the property.

Rules that restrict where children can live within a property may also violate fair housing laws. For example, requiring families to live only on certain floors or limiting access to amenities based on age may be considered discriminatory.

Property owners can still enforce general safety rules that apply to all residents, but those rules must be applied consistently and cannot target families specifically.

Why Professional Property Management Is Crucial

Fair housing compliance requires a strong understanding of both federal and California housing regulations. Property owners must ensure that advertising, screening practices, lease policies, and resident communication all meet legal standards.

Real Property Management helps property owners manage rental housing while maintaining compliance with fair housing laws. Their team implements standardized screening procedures, prepares compliant advertising materials, and ensures policies are applied consistently across all applicants.