California Fair Housing: Protected Classes and Source of Income

Not legal advice. We’re property managers, not attorneys. This post reflects our professional experience — not legal counsel. For your specific situation, consult a licensed attorney ↓

Key Facts

California's fair housing law bars rental discrimination on 16 grounds, including source of income, so landlords can't refuse Section 8 or other subsidies and must judge income only on the tenant's share of the rent.

Citation
Gov. Code §§ 12927, 12955 (FEHA); SB 329 (2019); SB 267 (2023); SB 1137 and AB 1815 (2024)
Status
In force
Jurisdiction
California
Applies to
All California landlords, property managers, and anyone advertising or screening for rental housing
Key numberValueAs of
Protected classes (Gov. Code 12955)16, plus perceived traits and associationOct 5, 2026
Housing vouchersCount as source of income, including Section 8 and HUD-VASH, since Jan 1, 2020Oct 5, 2026
Subsidized applicantsIncome test on the tenant's share of rent onlyOct 5, 2026
Credit history alternativeRequired for subsidized applicants since Jan 1, 2024Oct 5, 2026

Last reviewed Oct 5, 2026 · Checked against the official text

What it requires

  • Don’t refuse, steer, or set different terms because of race, color, religion, sex, gender, gender identity or expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information.
  • Ads can’t state or imply a preference or limitation, such as “no Section 8.” Asking about the level or source of income is allowed.
  • Source of income means lawful, verifiable income paid to the tenant or to you on the tenant’s behalf, including Section 8 and HUD-VASH vouchers.
  • With a government rent subsidy, apply income standards only to the tenant’s share, and if you check credit, let the applicant offer other proof of ability to pay, such as benefit, pay, or bank records, and consider it.
  • Since 2025, discrimination based on a combination of protected traits is covered (SB 1137), and race includes traits such as hair texture and protective hairstyles (AB 1815).

Owner checklist

  • Written screening criteria applied to every applicant
  • No “no Section 8” language in ads
  • Voucher applicants judged on their share of rent
  • Alternative-evidence option offered when credit is checked

What changed and what’s next

  • Jan 1, 2025: Combination-of-traits claims (SB 1137) and race definition update (AB 1815)
  • Jan 1, 2024: Credit-history alternative for subsidized applicants (SB 267)
  • Jan 1, 2020: Housing vouchers count as source of income (SB 329)

From our East Bay files

We screen voucher holders exactly the same way as every other applicant. We use written criteria for all applications, so every decision is consistent and documented.

All East Bay Properties, Emeryville

Article provided for general informational purposes only and does not constitute legal advice. California landlord-tenant law is subject to change, and local ordinances in Berkeley, Oakland, and other East Bay cities may impose requirements beyond those described here. Consult a licensed attorney or qualified property management professional before taking action based on any information in this guide.

Jason Crouch · Founder, All East Bay Properties · CA DRE #01295378 · Licensed broker and East Bay property manager since 2005
Jason Crouch · Founder,
All East Bay Properties

Jason Crouch is the founder of All East Bay Properties, which he established in Emeryville in 2005. For more than 20 years, he has managed residential rental properties across Oakland, Berkeley, Emeryville, and the broader East Bay — navigating some of California’s most tenant-protective rental markets in the country.

Jason holds a California real estate broker license (DRE #01295378) and is a member of the National Association of Residential Property Managers (NARPM) — the professional association for property management specialists — and is a member of the Bridge Association of Realtors. He has served as Chair of the Emeryville Chamber of Commerce, as incoming Chair of the Oakland Association of Realtors, and on the board of BridgeMLS. He was also a board member of ECAP, the Emeryville Citizens Assistance Program.

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