Fair Housing in California: A Self-Managed Landlord's Guide to Compliance and Best Practices
Managing rental property in California comes with a wide range of legal responsibilities, especially when it comes to Fair Housing laws. Whether you're renting out a single-family home, a duplex, or a small apartment building, self-managed landlords are legally obligated to treat all applicants and tenants fairly and without discrimination.
Fair Housing laws exist to promote equal access to housing and eliminate discrimination based on certain protected characteristics. In California, these protections are broader and more rigorous than federal requirements. Failure to comply can lead to severe financial penalties, lawsuits, and damage to your reputation as a landlord.
This comprehensive guide will walk you through the essentials of Fair Housing laws in California, provide real-world examples, and offer actionable advice for self-managing landlords who want to stay compliant while building a strong rental business. Sail Properties Agents are experts on fair housing. Feel free to give us a call.
What Is the Fair Housing Act?
The Federal Fair Housing Act was enacted in 1968 and prohibits discrimination in the sale, rental, and financing of housing based on:
Race
Color
National origin
Religion
Sex
Disability
Familial status
In California, these protections are expanded under the Fair Employment and Housing Act (FEHA) and other state laws.
Protected Classes Under California Fair Housing Law
California law protects all the categories listed under federal law and adds several more, including:
Marital status
Sexual orientation
Gender identity and expression
Age
Source of income (e.g., Section 8 housing vouchers)
Immigration status
Citizenship
Medical condition
Genetic information
Military or veteran status
Primary language
Ancestry
As a self-managed landlord in California, it’s critical to understand that any form of preference, exclusion, or different treatment based on these protected categories—even unintentional—can be considered discriminatory.
Examples of Fair Housing Violations for Self-Managing Landlords
Many Fair Housing violations happen inadvertently, especially when landlords aren’t familiar with the law. Here are a few common pitfalls:
1. Advertising Discrimination
Using language such as:
“Perfect for a single professional”
“No kids allowed”
“Christian family home”
“Must speak English fluently”
These phrases suggest a preference or exclusion, which may violate Fair Housing laws.
2. Tenant Screening Bias
Rejecting tenants based on:
Appearance or ethnicity
Receiving government assistance
Having children
Being an unmarried couple
Tenant screening decisions must be based on objective criteria like credit score, rental history, income, and references—not personal characteristics.
3. Reasonable Accommodations and Modifications
Failing to provide reasonable accommodations for tenants with disabilities, such as:
Denying an emotional support animal
Refusing a reserved parking space near a tenant’s door
Prohibiting a tenant from installing grab bars in the bathroom
Landlords must make reasonable accommodations unless it poses an undue financial or administrative burden.
Legal Requirements for Self-Managing Landlords
1. Consistent Screening Criteria
Create a written list of screening criteria (e.g., income must be 3x rent, no evictions in the past 5 years, minimum credit score of 650) and apply it uniformly to all applicants.
2. Keep Records
Keep copies of:
Applications
Credit checks
Correspondence
Lease agreements
Records should be stored for at least three years in case of a discrimination claim or lawsuit.
3. Comply with Source of Income Laws
California law requires landlords to accept housing vouchers and other legal forms of income (e.g., SSI, disability, alimony) as part of a tenant’s total income. Refusing to rent to someone solely because they use Section 8 is illegal.
Best Practices for Fair Housing Compliance
1. Use Inclusive Language in Your Advertising
Avoid phrasing that could be perceived as exclusionary. Examples of compliant language:
“2-bedroom apartment in quiet building”
“Near public transportation”
“No smoking property”
Avoid:
“Ideal for single professionals”
“No kids”
“Safe neighborhood” (can be interpreted as racially coded)
2. Train Yourself on Fair Housing Basics
As a self-managed landlord, you are your own property manager, which means you’re responsible for compliance. Consider taking a Fair Housing training course through a local housing authority, the California Apartment Association, or HUD.
3. Respond Professionally and Equally
Treat every applicant and tenant with professionalism. Always respond to inquiries in the same manner, use written communication where possible, and avoid casual remarks that could be misinterpreted.
4. Reasonable Accommodations and Modifications
You are required to allow reasonable accommodations for tenants with disabilities. This might include:
Installing a wheelchair ramp
Allowing a service or support animal despite a no-pet policy
Adjusting lease terms slightly to accommodate a tenant’s medical condition
While tenants generally cover the cost of modifications, landlords may be responsible for accommodations that do not impose undue hardship.
Handling Fair Housing Complaints
Even well-intentioned landlords can be subject to a Fair Housing complaint. If you receive a complaint or notice of investigation:
Do not retaliate against the tenant or applicant.
Consult with a landlord-tenant attorney familiar with California Fair Housing law.
Provide documentation of your policies, procedures, and communications.
Cooperate fully with the investigating agency (usually the Department of Fair Employment and Housing, or DFEH).
Penalties can include:
Fines
Legal costs
Compensatory damages
Mandatory training
In serious cases, landlords can be barred from managing rental property for extended periods.
Fair Housing and Emotional Support Animals (ESAs)
One of the most common challenges for self-managing landlords in California involves emotional support animals. Tenants with a disability-related need are legally entitled to an ESA, even in properties with a strict “no pets” policy.
You may ask for documentation from a licensed professional verifying the need, but you cannot:
Charge a pet deposit or pet rent for the ESA
Require details about the tenant’s specific condition
Deny the accommodation unless the animal poses a direct threat
Failure to comply is one of the most common reasons landlords are sued for Fair Housing violations in California.
Additional Tips for Self-Managing Landlords in California
Stay current with California laws, especially with updates like AB 1482 (rent control) and SB 329 (source of income protection).
Join a local landlord association to stay informed and access legal resources.
Document every interaction with tenants or prospective tenants in writing.
Maintain a professional website for your rental business with inclusive and neutral branding and descriptions.
Audit your leasing practices annually to ensure they are compliant and consistent.
The Bottom Line: Fair Housing Is Not Optional
Fair Housing laws in California are among the strictest in the country. As a self-managed landlord, you are both the property owner and the property manager—meaning you're solely responsible for compliance.
By understanding your obligations and implementing consistent, fair, and professional practices, you can not only avoid costly legal issues but also attract better tenants and build a more reputable rental business.
Being proactive about Fair Housing is more than just legal protection—it’s the foundation of a sustainable, ethical, and successful property management strategy.
