Is Source of Income Discrimination Illegal for Renters in California?

If you rent a home or apartment in California, you've likely heard about laws that prevent discrimination against renters. One important protection is the ban on source of income discrimination. This article explains what that means for California renters, what is and is not allowed, and how to take action if you think your rights are being violated.

What Is Source of Income Discrimination?

“Source of income discrimination” happens when a landlord refuses to rent to you or treats you differently because of how you pay your rent. In California, this doesn't just mean a regular paycheck—it also covers other legal sources of income, such as:

• Section 8 Housing Choice Vouchers
• Social Security or disability benefits (SSI, SSDI)
• Unemployment, child support, or alimony
• Veterans’ benefits

This protection helps ensure renters have an equal chance to find and keep a home, regardless of how they pay rent.

California Law: Is Source of Income Discrimination Banned?

Yes. In California, it is illegal for landlords to deny you housing, refuse your application, or treat you differently because you plan to use a Section 8 voucher or other non-wage income sources. These protections are included in the California Fair Employment and Housing Act (FEHA), Government Code §12955, as amended by Senate Bill 329 (effective January 1, 2020)¹.

What Landlords Cannot Do

• Refuse to consider your application because you have a Section 8 voucher.
• Advertise "No Section 8" or similar statements in rental listings.
• Set different income requirements or rental terms based on your source of income.

What Landlords Can Still Consider

• Landlords can check your ability to pay rent, but must include your voucher or subsidy toward the total rent.
• They can require the same screening criteria (like credit and background checks) they use for all renters.

If You Experience Source of Income Discrimination: What Can You Do?

If you believe a landlord has discriminated against you based on source of income, you have the right to take action. California renters can file a complaint with the state’s civil rights agency.

How to File a Complaint: Step-by-Step

The California Civil Rights Department (CRD) is the official agency that handles fair housing complaints.

• Form Name: California Civil Rights Department Intake Form (Housing Discrimination)
• When to Use: If you believe you’ve been denied housing, treated differently, or harassed because of your legal source of income.
• How to File: Online, by mail, or by calling CRD.
• Official Source: CRD Complaint Process

Relevant Legislation and Protections

California renters are protected mainly by:

• California Government Code Section 12955 (FEHA)
• California Civil Code Sections on Tenant Protections

If your complaint is accepted, the CRD can investigate. In some cases, issues may be resolved through mediation or further legal action.

Official Forms for California Fair Housing Complaints

• California Civil Rights Department Housing Discrimination Complaint Form
• Use this form to report source of income discrimination. Example: A landlord refuses to accept your Section 8 voucher when you apply for an apartment.
• Access and submit the form online or download from the official CRD page.

FAQ: Source of Income Discrimination for California Renters

1. Can a landlord turn me down for using Section 8 in California?
   No. California law prohibits landlords from rejecting applicants solely because they use a Section 8 voucher.
   
2. How do I report source of income discrimination?
   File a complaint with the California Civil Rights Department either online, by mail, or by phone.
   
3. Does the protection apply to all cities in California?
   Yes. The ban on source of income discrimination applies statewide, regardless of local laws.
   
4. Can my landlord set extra requirements for Section 8?
   No. Landlords cannot impose different or extra requirements based on your use of a voucher or other legal income.
   
5. What should I do if I am retaliated against for complaining?
   Retaliation is also prohibited. You should include any retaliatory acts in your complaint to the CRD.
   

Key Takeaways for Renters

• Source of income discrimination is banned throughout California.
• Landlords cannot refuse to rent to you or treat you unfairly because of Section 8 or other legal income.
• File an official complaint with the California Civil Rights Department if you experience discrimination.

California law prioritizes equal opportunity and fair housing for all renters, regardless of how they pay rent.

Need Help? Resources for Renters

• California Civil Rights Department (CRD) – File a discrimination complaint or get information.
• California Department of Housing and Community Development – State housing programs, renter resources, and legal rights.
• U.S. Department of Housing and Urban Development (HUD) – Federal fair housing rights and complaint process.

---

1. Senate Bill 329 and California Government Code §12955
2. California Civil Rights Department
3. California Department of Housing and Community Development
4. California Civil Code (Landlord-Tenant Law)

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations