Transitional Housing Tenant Rights in California

Transitional housing in California offers temporary support to individuals and families working toward stability. While not every tenant right under traditional leases applies to transitional housing, residents do have important legal protections under California law. Knowing these rights can help you feel more secure if you face issues like discharge, rent increases, or maintenance concerns in a transitional program.

What Is Transitional Housing?

Transitional housing is a form of short-term accommodation paired with supportive services, often for people experiencing homelessness, leaving institutions, or in recovery. This housing often comes with fixed program rules, limits on duration, and requirements like case management or participation in services. Rules and rights can differ from those in standard rental housing, so it's critical to understand which laws apply.

Are Transitional Housing Residents Covered by Standard Tenant Laws?

In California, many—but not all—transitional housing settings are exempt from parts of the state’s landlord-tenant laws. This means standard protections (like rent control and notice requirements) may not apply if the program meets certain criteria. For example, under California Civil Code Section 1954.13, programs that are primarily supportive, nonprofit-run, and limited to two years may have different rules than ordinary apartments.¹

Types of Transitional Housing Exemptions

• Nonprofit transitional housing programs specifically designed to provide support for up to 24 months
• Housing connected to recovery or reentry services that limit your occupancy by program rules

However, if your housing does not meet these requirements (for example, it’s indefinite or lacks onsite services), you may have more rights under regular tenant laws.

Your Core Rights as a Transitional Housing Resident

Even where state landlord-tenant rules don’t fully apply, transitional housing tenants in California have key rights, including:

• Written occupancy agreements: Most programs must give you a document explaining your responsibilities, rent rules, and reasons you can be asked to leave.
• Reasonable notice: You should receive written notice before being discharged from a program, unless there is an emergency.
• Safe and habitable conditions: California law still requires all housing (including transitional) to be reasonably safe and livable.
• Freedom from illegal discrimination: Federal and state civil rights laws protect you from discrimination based on race, gender, disability, and other protected classes (California Civil Rights Department).

When Can You Be Asked to Leave Transitional Housing?

Transitional programs usually outline in writing the grounds for discharge or termination. Common reasons might include:

• Reaching the planned end of your program period (usually up to 24 months)
• Violating program rules or agreements
• Behavior that threatens health or safety

How to Address a Problem or Make a Complaint

If you encounter issues such as unsafe conditions or believe your rights were violated, you have options. Start by speaking with program staff or management. If your concerns are not addressed, you may file a complaint with local code enforcement or the California Civil Rights Department in cases of discrimination.

Official Forms You May Need

• California Civil Rights Complaint Form
  When to use: If you believe the transitional housing program discriminated against you based on a protected characteristic (like disability or race), you can complete the official Civil Rights Complaint form.
  Practical example: If a tenant is denied reasonable accommodations for a disability, they can submit this form to start an investigation.
  Submit a discrimination complaint (Civil Rights Department)
• Local Code Enforcement Complaint Form
  When to use: If the housing is unsafe or not maintained, tenants can file a complaint with city or county code enforcement.
  Practical example: If there is mold, lack of heat, or rodents, contact your local agency. Each city/county will have its own form but many use an online process.
  Find your local code enforcement agency

The Tribunal Handling Disputes

California does not have a single tribunal for transitional housing tenant issues. For legal disputes, complaints may be addressed to local Superior Courts (for eviction and occupancy matters), or to agencies like the California Civil Rights Department for discrimination and fair housing issues.²

Key State Legislation Governing Transitional Housing

• California Civil Code Section 1954.13 – Exemptions for Transitional Housing
• California Civil Code – Landlord and Tenant Protections
• California Fair Housing and Civil Rights Laws

Frequently Asked Questions

1. Do transitional housing residents have the same rights as regular tenants in California?
   Not always. Many transitional housing programs are exempt from some standard landlord-tenant laws but must still provide written agreements and a safe environment.
2. Can I be evicted without notice from transitional housing?
   In most cases, you are entitled to reasonable written notice before being asked to leave, except in emergencies that threaten safety.
3. What if my transitional housing is unsafe or unsanitary?
   You can file a complaint with your local code enforcement agency and request that health and safety issues be addressed.
4. How can I challenge a discharge I believe was unfair?
   Request a written explanation from the program. If you believe your rights were violated, consider contacting the California Civil Rights Department or seeking legal help.
5. Are there official forms I can use to file a complaint about discrimination?
   Yes. Use the official discrimination complaint form from the California Civil Rights Department.

Conclusion: Key Takeaways for Transitional Housing Residents

• Transitional housing residents have basic rights, even where some tenant laws don’t apply.
• Always request and keep a copy of your program agreement.
• If problems arise, use official state and local resources to seek help or file complaints.

Staying informed empowers you to make safe, confident decisions if issues come up in transitional housing.

Need Help? Resources for Renters

• California Civil Rights Department – Discrimination Complaints, Fair Housing Law
• California Superior Courts – For legal action such as unlawful detainer/eviction
• California Department of Housing & Community Development
• Locate your local code enforcement agency

---

1. See California Civil Code Section 1954.13.
2. See California Civil Rights Department complaint process.

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