California Renters: Your Rights Against Familial Status Discrimination
California is committed to protecting tenants from discrimination, ensuring everyone has a fair chance at housing—regardless of family makeup. If you rent and have children, are pregnant, or live with other relatives or guardians, you’re covered by strong tenant protections. Understanding your rights concerning familial status discrimination can help you secure a safe, welcoming home.
What Is Familial Status Discrimination?
Familial status discrimination occurs when a landlord, property manager, or housing provider treats you unfairly because:
- You live with children under 18
- You are pregnant or acquiring legal custody of a child
- You are a parent, guardian, or designee caring for minors
This protection extends under both California’s Fair Employment and Housing Act (FEHA) and the federal Fair Housing Act[1][2].
Examples of Familial Status Discrimination
- A landlord refuses to rent to families with children
- Imposing higher rent or stricter rules only on renters with kids
- Restricting families to certain parts of a building or complex
These actions are not allowed under California law. Landlords must treat all applicants and tenants equally, except for lawful occupancy limits based on health or safety codes.
Your Legal Protections as a California Renter
In California, familial status discrimination is strictly prohibited. The following laws and agencies uphold your rights:
- California Fair Employment and Housing Act (FEHA): Prohibits housing discrimination based on familial status. Read the relevant section of FEHA.
- U.S. Fair Housing Act: Nationwide law that also protects renters from familial status discrimination. Full details on the Fair Housing Act.
- California Civil Rights Department (CRD): The state agency handling tenant complaints. Visit the CRD website.
Some cities, like Los Angeles and San Francisco, may have even stronger local protections.
If You Suspect Familial Status Discrimination
If you think you’ve been denied housing or treated unfairly because of your family status, it’s important to act promptly. Here’s what you can do:
- Document what happened—dates, times, names, and details
- Save texts, emails, application forms, or flyers that show unfair treatment
- Ask for written rental criteria if you’re denied housing
Tip: Keep all your records organized—these can help support your complaint.
How to File a Familial Status Discrimination Complaint
California renters can file a complaint with the California Civil Rights Department (CRD). Here’s how:
- Use the "Intake Form – Housing Discrimination" (DFEH-700-01)
- This form collects your information and details of the alleged discrimination
- You can file online, by mail, or in person
Find the latest version of the form and instructions here: CRD Housing Discrimination Complaint Form.
Example: If a landlord denied your application after learning you have two children, you should fill out the DFEH-700-01 form and submit it to the CRD as soon as possible (generally within one year of the incident).
Official Tribunal Handling Rental Cases
In California, the California Civil Rights Department (CRD) investigates and can help resolve housing discrimination complaints. In some cases, matters may also proceed to state or federal court.
California’s Key Tenancy Legislation
Your rights are guaranteed by these key laws:
- California Fair Employment and Housing Act (Government Code Section 12955)
- Federal Fair Housing Act
- Local city and county ordinances (check your local housing agency's site for possible additional protections)
Staying informed on these laws helps tenants recognize and address unfair treatment.
Frequently Asked Questions
- Can a California landlord refuse to rent to me because I have children?
No. Refusing to rent because you have children or are expecting a child is prohibited by both state and federal law. - What should I do if I experience discrimination?
Document everything and file a complaint with the California Civil Rights Department using the DFEH-700-01 form. - Are there exceptions to these rules for landlords?
Some owner-occupied buildings with four or fewer units or certain senior housing exemptions may apply. Most rentals, however, must comply with anti-discrimination laws. - How long do I have to file a complaint?
In most cases, you must file within one year of the alleged discrimination, but it's best to act quickly. - Where can I get free advice about my rights?
You can contact the California Civil Rights Department for free information or explore legal aid resources listed below.
Key Takeaways for California Renters
- Familial status discrimination—such as refusing to rent to families with children—is illegal in California
- State and federal laws give you strong protections and easy ways to file complaints
- Act quickly and keep good records if you suspect discrimination
Understanding your rights empowers you to advocate for fair and equal housing.
Need Help? Resources for Renters
- California Civil Rights Department – Housing Discrimination: Information, complaint forms, and contact options
- U.S. Department of Housing and Urban Development: Fair Housing Information
- California Courts Self-Help – Housing: Legal information for renters
- LawHelpCA – Fair Housing & Discrimination: Find local legal aid offices
- Call the CRD: 1-800-884-1684
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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