Key Takeaways

• Apply the same written rental criteria to every applicant and document decisions consistently to reduce fair housing compliance risks.
• Review every rental advertisement for language that could express a preference or limitation based on a protected characteristic.
• Establish a consistent process for evaluating reasonable accommodation requests and arranging permitted accessibility modifications.
• Apply your maintenance, lease enforcement, and communication procedures consistently throughout each tenancy, not just during the leasing process.

But while the act made significant strides in addressing racial equality, it failed to address housing discrimination. This exclusion sparked continued activism and advocacy for Fair Housing legislation. And this is what led to the creation of the Fair Housing Act was enacted in 1968. It’s a federal law that prohibits housing discrimination, this includes buying, sale, renting, or financing of housing based on 7 protected classes. 

What Classes are Protected by the Fair Housing Act (FHA)? 

The Federal Fair Housing Act protects individuals from experiencing housing discrimination based on 7 classes. These are, race, color, religion, sex, familial status, nationality, and disability. The FHA applies to both public and private housing, including houses, apartments, dormitories, mobile homes, and even homeless shelters. 

California extends additional housing protection against discrimination based on immigration status, gender identity, citizenship status, ancestry, primary language, military and veteran status, income source, and sexual orientation of a person. The following are specific examples of discrimination that would be illegal under California Fair Housing Laws:

• Asking prospective tenants about their race.
• Choosing a tenant based on their religion or national origin.
• Using sex to determine who you are going to rent to.
• Choosing to rent to a couple with no kids over that with children.
• Charing higher rental prices or security deposits based on a tenant’s protected class.
• Falsely claiming your unit is unavailable.
• Refusing to rent your vacant unit to a qualified prospective tenant.
• Refusing to make reasonable accommodations for a tenant with a disability.

Which Government Agency Oversees the California Fair Housing Laws? 

In California, the government agency tasked with overseeing illegal housing discrimination practices is the state’s Department for Fair Employment and Housing. They will investigate complaints and file their findings with the federal Department of Housing and Urban Development.

Do Any Exemptions to the Fair Housing Act Exist? 

Yes, there are some exemptions to federal fair housing laws. They are as follows:

• Owner-occupied Buildings - Buildings with four or fewer units are exempt from the FHA if the owner occupies one of the units. 
• Housing Meant for Older People - Housing communities that fall under federal, state, or local government programs are exempt from certain provisions of the FHA. 
• Housing Operated by Private Clubs or Religious Organizations - If these groups put limits in place based on membership, they can be exempt from the FHA. 

What Does the Act say About Persons with Disabilities? 

Under the California Fair Housing Act, a person with a disability is granted robust protections against discrimination, aligning with federal standards under both Fair Housing and the Americans with Disabilities Act (ADA). The law recognize a disability as either physical or mental impairments that substantially limit one or more major life activities. They include the following:

• Mobility, hearing, and visual disability.
• Drug or alcohol addiction.
• Mental illness.
• Intellectual disability.
• Anything that limits someone’s life activities.

California landlords are required to provide reasonable accommodations and modifications to ensure equal access to housing for a person with a disability. Reasonable accommodations for a person with a disability may involve adjusting policies, procedures, or rules to support a person’s ability to use and enjoy their housing. Reasonable modifications for a person with a disability may refer to structural changes, such as installing ramps or grab bars, to make a residence more accessible.

How Can Landlords Provide Tenants with Fair Housing? 

As a California landlord, it’s important to treat your tenants – both prospective and current – fairly and equally. The California Fair Housing Laws apply to all the different stages of the rental process. This includes when marketing your property, screening prospective tenants, and even when responding to repairs and maintenance issues. 

Property Marketing 

It’s every California landlord's dream to rent to quality tenants. However, you must be careful not to use discriminatory language in the rental ad. For instance, phrasing like “No kids allowed,” “Perfect for a Single Professional,” or “Ideal for a Young Female.” would all violate California Fair Housing Law.

Tenant Screening 

Housing providers must be careful with the questions they ask prospective tenants in the state of California. The following questions cannot be asked under the FHA:

• Are you married?
• Are you pregnant?
• Are you disabled? 

Repairs & Maintenance 

As a California landlord, you are responsible for providing your tenant with a habitable home. Additionally, you must fairly respond to repairs or maintenance. You must not:

• Refuse to make repairs or respond to maintenance requests based on the tenant’s protected class. 
• Retaliate against the tenant for complaining about your unresponsiveness. 

Bottom Line 

Understanding your legal obligations as a California landlord is essential for success. The Fair Housing Act mandates equal treatment of tenants and prohibits illegal housing discrimination. If you have a question or need expert help in managing your rental property, turn to C&C Property Management for expert 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.

Frequently Asked Questions

How Often Should I Review My Rental Screening Criteria for Fair Housing Compliance?

We recommend reviewing your written screening criteria whenever relevant laws change and before launching a new leasing campaign. Your criteria should be connected to legitimate rental requirements, applied consistently, and documented so decisions can be explained objectively.

In California, additional state and local protections may apply beyond federal requirements, so a policy that worked for one property may need review before being used elsewhere. We also recommend training anyone involved in leasing to follow the same procedures and avoid informal exceptions that could create compliance concerns.

Can I Reject a Rental Applicant Based on Their Source of Income?

We recommend evaluating applicants under consistent, lawful screening criteria rather than making assumptions about where their income comes from. California law generally protects applicants from discrimination based on source of income, including qualifying housing assistance, subject to the details of the applicable law.

Owners should understand the rules governing income calculations, documentation, and housing voucher programs before making leasing decisions. Because requirements can vary by jurisdiction and program, reviewing current state and local guidance can help you develop a compliant screening process.

What Should I Do if a Rental Applicant Requests a Disability-Related Accommodation?

We recommend establishing a consistent process for receiving, evaluating, and documenting accommodation requests. A reasonable accommodation may involve adjusting a policy, practice, or procedure when necessary to provide a person with a disability an equal opportunity to use and enjoy their housing.

Requests should be evaluated individually, with attention to applicable legal requirements and the specific circumstances. Avoid automatically rejecting a request because it differs from standard procedures. When a request raises questions about legal obligations or supporting documentation, consult a qualified California fair housing attorney.

Are Small Landlords Exempt From California Fair Housing Laws?

We recommend that owners avoid assuming their rental property is exempt simply because they own only one home or live on-site. Federal law provides limited exemptions for certain types of housing, but conditions apply, and discriminatory advertising restrictions may still remain relevant.

California law may provide broader protections than federal law, and local ordinances can introduce additional requirements. The property's ownership structure, occupancy arrangement, use of a broker, and other circumstances may affect the analysis. Before relying on an exemption, seek guidance from a qualified attorney familiar with California fair housing requirements.

What Are the Risks of a Fair Housing Complaint for a Rental Property Owner?

A fair housing complaint can lead to an investigation, requests for records, legal expenses, and potentially administrative or court proceedings. Depending on the circumstances and findings, a property owner may face orders to change practices, provide relief, or pay damages and other applicable costs.

We recommend maintaining organized application records, written screening criteria, relevant communications, and documentation of accommodation decisions. Consistent procedures can help demonstrate how decisions were made, but they cannot guarantee a particular legal outcome. Owners facing a complaint should seek qualified legal advice promptly.