California's Protected Fair Housing Classes Explained
Every Californian renter is protected by state and federal laws that make it illegal for landlords to discriminate when renting or managing housing. Understanding which groups are considered “protected classes” helps tenants recognize their rights and know when illegal discrimination may have occurred. Here’s a straightforward guide to protected classes under California fair housing laws, who enforces them, and what practical steps renters can take if they suspect unfair treatment.
What Are Protected Classes Under California Fair Housing Laws?
In California, it is against the law for landlords or property managers to treat renters unfairly because they belong to certain legally protected groups—called “protected classes.” The California Department of Fair Employment and Housing (DFEH) oversees enforcement of these rights. California law is broader and stronger than many federal housing protections.
Recognized Protected Classes
The following groups are protected by the California Fair Employment and Housing Act (FEHA):
- Race and color
- Ancestry and national origin
- Religion
- Sex, gender, and gender identity/expression
- Sexual orientation
- Marital status
- Familial status (e.g., having children)
- Disability or medical condition
- Source of income (including housing vouchers and government benefits)
- Age
- Genetic information
- Veteran or military status
Under California law, even your immigration or citizenship status is protected from discrimination in most housing situations.[1]
What Counts as Discrimination?
A landlord may be breaking the law if they:
- Deny you an apartment or rental unit because you belong to a protected class
- Set different rental terms or rules for you—such as higher deposits, different leases, or limited access to amenities
- Advertise the rental in a way that discourages or excludes certain groups
- Harass or treat you unfairly based on your membership in a protected group
If you believe you’ve been discriminated against in housing based on any of the above, you may be able to file an official complaint.
Official Forms for Reporting Discrimination
California renters have the right to file complaints if they experience discrimination. The main form to use is:
-
Housing Discrimination Complaint Form (DFEH-902-01): This is used to report instances of illegal discrimination to the Department of Fair Employment and Housing.
When/how to use: If your landlord refuses to rent to you, raises your rent for a discriminatory reason, or sets different rules because of your protected status, you can fill out this form online or by mail.
File a Housing Discrimination Complaint with DFEH
Where Are Fair Housing Complaints Handled?
Complaints are investigated by the California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing. This agency is responsible for enforcing fair housing protections in rental housing.[2]
Other agencies, such as HUD (U.S. Department of Housing and Urban Development), also handle fair housing complaints at the federal level, but California’s own state laws generally offer broader protections.
Key Legislation Protecting California Renters
- California Government Code Section 12955 — The core statute for housing discrimination
- DFEH Housing Discrimination Laws Brochure
- Federal Fair Housing Act
These laws outline your right to fair treatment regardless of which protected class you belong to.
FAQ: Protected Classes and Your Rights in California
- What should I do if my landlord treats me differently because of my race or family status?
Document everything (texts, emails, notices), and consider filing a complaint with the California Civil Rights Department using their online system or paper form. - Am I protected if I use a Section 8 housing voucher?
Yes, "source of income" is a protected class in California, and landlords cannot deny you simply for using a housing voucher. - How long do I have to file a fair housing complaint?
You typically have one year from the date of the alleged discrimination to file with the Civil Rights Department. - Can landlords ask about my immigration status?
No, in most cases, California law prohibits landlords from discriminating based on citizenship or immigration status. - What types of housing are covered by these protections?
Most rental housing in California is covered, including apartments, houses, condos, and mobilehomes except certain owner-occupied buildings with a small number of units.
Conclusion: What Should California Renters Know?
- California fair housing laws strongly protect renters from discrimination based on many personal characteristics.
- If you believe you’ve faced rental discrimination, you have the right to report it and seek investigation.
- The California Civil Rights Department (CRD) is your primary point of contact for filing housing discrimination complaints.
Understanding your rights as a California renter is the first step to ensuring fair and equal housing opportunities.
Need Help? Resources for Renters
- California CRD—File a Fair Housing Complaint
- California Civil Rights Department's Fair Housing Information
- California Department of Housing and Community Development
- Renters can seek free or low-cost advice from local legal aid agencies, tenants’ rights organizations, or LawHelpCA
- See the full list of protected classes under California Government Code Section 12955.
- The state agency for fair housing complaints is the California Civil Rights Department.
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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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