Key Takeaways
- The Fair Housing Act and California’s expanded protections require landlords to treat all applicants and tenants equally, from advertising and screening through daily management and lease enforcement.
- California law goes beyond federal standards by protecting additional characteristics and offering very limited exemptions, making compliance essential for nearly all housing providers.
- Consistent policies, careful documentation, and prompt handling of accommodation requests not only protect tenants’ rights but also help landlords reduce legal risk and maintain stable, professional operations.
Owning rental property in California means operating within a legal framework designed to protect renters from discrimination in housing. California’s Fair Housing Laws build on the federal Fair Housing Act, creating a broader set of protections that every landlord must understand and follow.
We at 33 Property Management have put together a guide to help landlords understand the state’s fair housing policies!
The Fair Housing Act and Why It's Important
The Fair Housing Act is a federal law that prohibits discrimination in housing-related activities, such as the buying, selling and renting of homes. It exists to ensure that people have equal access to housing and are treated fairly, regardless of personal characteristics that have no bearing on their ability to pay rent or abide by lease terms.
Federal Protections Every Landlord Must Know
Under the federal Fair Housing Act, landlords cannot discriminate against applicants or tenants based on race, color, national origin, religion, sex, familial status, and disability. Compliance is mandatory from initial advertising all the way through move-in and day-to-day management.
California’s Broader Fair Housing Protections
The California Fair Employment and Housing Act (FEHA) and related state laws cover all federal protected classes and add several others. These laws are enforced by the California Civil Rights Department (CRD) and apply to housing providers, landlords, property managers, and even tenant screening companies.
Under California law, in addition to the federal protections, it is unlawful to discriminate based on:
- Age.
- Ancestry, citizenship or immigration status.
- Primary language spoken.
- Gender identity, gender expression, or sexual orientation.
- Marital status.
- Source of income.
- Genetic information.
- Military or veteran status.
Arbitrary characteristics as also included. These are traits not specifically listed but still protected when discrimination would be unfair or unreasonable, such as occupation or other personal attributes unrelated to housing suitability.
How Fair Housing Rules Apply in Practice
Here’s how they apply to the most common landlord responsibilities:
Advertising Without Bias
Your property listings must focus on the unit’s features, amenities, and location. Avoid language that implies a preference for or exclusion of people based on protected characteristics. Consistent, neutral descriptions help ensure equal opportunity for all interested renters.
Lease Terms and Enforcement
Under the state’s landlord-tenant laws, once a lease is signed, you must apply rules, fees, and penalties equally. This includes rent increases, security deposit returns, and enforcement of lease provisions. Selective enforcement or leniency toward one tenant but not another, when based on a protected class, can be treated as discriminatory conduct.
Screening and Selection
All applicants must be evaluated using the same written criteria, such as income thresholds, credit history, rental history and landlord references. Different treatment based on protected characteristics can lead to complaints even when a denial was justified. Clear, uniform policies that are well-document are essential.
Reasonable Accommodations and Modifications
One of the most important aspects of Fair Housing compliance involves reasonable accommodations and modifications, particularly for tenants with disabilities. California law requires landlords to consider accommodation requests like:
- Allowing service or assistance animals even where pets are typically prohibited.
- Adjusting parking practices or access arrangements.
- Permitting physical modifications to the rental when necessary.
Each request must be evaluated carefully and handled promptly. Automatic denials or long delays can lead to complaints and investigations. Document requests and your responses to support compliance.
Day-to-Day Tenant Relations
Fair Housing compliance continues throughout the tenancy. Maintenance requests, responses to complaints, security deposit amounts, and communication standards should be consistent for all tenants.
Exemptions and Exceptions
California’s Fair Housing protections are broad, and exemptions are limited. Unlike federal law, which includes narrow exemptions for some owner-occupied small properties, California’s law applies to most housing providers regardless of size.
One rare state exemption may apply when an owner lives in the same dwelling and rents out only part of it, but even then you cannot publish discriminatory advertising. Because exemptions are limited and specific, it is best to assume Fair Housing Laws apply and seek legal advice before relying on any exception.
Enforcement and Penalties in California
Fair Housing complaints can be filed with the California Civil Rights Department (CRD) or the U.S. Department of Housing and Urban Development (HUD). A single complaint may lead to costly investigations, reputational harm, and legal fees. Preventive compliance is far more effective than responding to claims after the fact.
Best Practices for California Landlords
To reduce risk and operate professionally in California’s rental market:
- Create written, consistent screening criteria.
- Maintain standardized application and approval records.
- Review advertisements for neutral language.
- Respond promptly to accommodation requests.
- Document actions that involve tenant selection and lease enforcement.
Why Fair Housing Compliance Matters
Fair housing laws protect residents and prospective tenants, but they also shield landlords from liability. Landlords in the state of California who apply fair, consistent practices help build trust, attract diverse tenant pools, and maintain stable occupancy. In the region’s highly competitive rental market, professional compliance can set your properties apart and keep disputes out of court.
Bottom Line
Fair housing compliance in California requires attention to both federal and state protections. While the Federal Fair Housing Act lays the groundwork, California’s laws expand protected classes to include characteristics like source of income, primary language, and other personal traits.
33 Property Management helps rental property owners implement compliant tenant screening, handle sensitive housing interactions professionally, and manage risk at every stage of leasing. Contact us 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.
