As a rental property owner in California, understanding your legal responsibilities isn’t just about protecting your assets—it's about protecting your reputation and ensuring your tenants are treated fairly.
California fair housing laws go beyond federal requirements, offering some of the most robust protections in the country. For landlords, navigating these guidelines is essential to staying compliant and avoiding costly mistakes.
At Advantage Property Management Services, we believe in empowering landlords with knowledge and support. Here’s a practical breakdown of California landlord laws related to fair housing—and what you need to know to operate confidently and compliantly.
What Are Fair Housing Laws?
Fair housing laws are designed to prevent discrimination in housing-related activities, including renting, advertising, screening tenants, and setting lease terms. While the federal Fair Housing Act outlines seven protected classes (race, color, religion, national origin, sex, familial status, and disability), California fair housing laws expand those protections significantly.
Protected Classes in California
In addition to federal classes, California recognizes:
Age
Ancestry
Marital status
Sexual orientation
Source of income (including housing vouchers)
Medical condition
Gender identity and expression
Genetic information
Citizenship and immigration status
Military/veteran status
Primary language
Perceived membership in a protected class
Association with someone in a protected class
Any arbitrary characteristic
This broad scope means landlords must be especially cautious and consistent in their communications and practices.
Reasonable Accommodations and Modifications
A key part of fair housing guidelines involves accommodating individuals with disabilities. This may include changes to policies or physical alterations to the rental unit or common areas.
What is a Reasonable Accommodation?
A reasonable accommodation is an adjustment to rules or services to help someone with a disability fully use and enjoy the property. Common examples include:
Allowing an assistance animal (even if your property has a no-pets policy)
Reserving a designated parking spot
Adjusting rent due dates to align with disability payments
Allowing early lease termination due to disability-related needs
These accommodations are typically made at no cost to the tenant and cannot be unreasonably denied.
What is a Reasonable Modification?
Reasonable modifications refer to physical changes to the property that improve accessibility, such as installing grab bars, widening doorways, or building ramps.
Generally, the tenant is responsible for paying for these changes, but exceptions apply:
If the landlord receives public funding
If the property wasn’t built to accessibility standards after March 13, 1991
If required by another contractual or legal obligation
When in doubt, consult legal counsel to determine financial responsibility.
Assistance Animals: Not Pets
Perhaps the most misunderstood area of California landlord laws involves assistance animals.
According to California fair housing regulations, assistance animals are not pets. They are either:
Service animals: Trained to perform specific tasks for individuals with disabilities
Support animals: Provide emotional or cognitive support without needing formal training
As a landlord, you cannot:
Charge pet rent or deposits for assistance animals
Restrict breeds or sizes
Deny an animal because your property has a “no dogs” or “cats only” rule
However, tenants are still liable for any damages caused by the animal beyond normal wear and tear.
Application and Screening: Know Your Boundaries
Landlords must be particularly careful when screening applicants, especially those using government assistance.
Source of Income Discrimination
Under California fair housing laws, it is unlawful to deny an applicant based on their lawful source of income, including housing choice vouchers (Section 8).
If an applicant presents alternative proof of income (such as pay stubs or benefit letters), landlords must give them a reasonable opportunity to provide it—and must consider it in place of a traditional credit history.
Denying an applicant solely based on credit without this opportunity can be deemed discriminatory.
Occupancy Standards and Familial Status
Even something as straightforward as occupancy limits must be handled delicately under fair housing guidelines.
For example, if a pregnant applicant applies for a unit, landlords should not count the unborn child when determining occupancy standards. Policies should also account for changes in household composition over time, such as the birth of a child during tenancy.
Rigid enforcement or uneven application of these standards can expose landlords to discrimination claims.
Guests and Fair Housing Protections
Guests visiting tenants are also protected under California fair housing laws. If a guest experiences discriminatory treatment—such as being denied access due to a disability or being prohibited from bringing an assistance animal—they may file a fair housing complaint.
This highlights the importance of staff training and consistent application of policies to all individuals on the property.
ADA vs. Fair Housing: Know the Difference
Many landlords confuse the Americans with Disabilities Act (ADA) with fair housing laws. The distinction matters:
ADA: Applies only to public accommodations—like rental offices or publicly accessible areas
Fair housing laws: Apply to the entirety of rental properties, including units and common areas
Landlords must ensure that public-facing spaces are ADA-compliant while also adhering to broader fair housing obligations throughout their properties.
What If You Receive a Fair Housing Complaint?
Receiving a Notice of Filing of Discrimination Complaint from California’s Civil Rights Department or HUD is serious. You have 20 days to respond, and failing to do so can result in a default judgment against you.
If this happens:
Contact a qualified attorney immediately
Notify your insurance provider
Do not attempt to contact the complainant directly
Timely and informed action can protect you from legal and financial consequences.
Final Thoughts
California offers some of the most comprehensive fair housing protections in the nation. As a landlord, it’s not just about knowing the rules—it’s about implementing them consistently and thoughtfully.
By understanding the nuances of California fair housing laws, staying current on evolving legislation, and creating systems to handle accommodation requests, application reviews, and policy enforcement, you protect yourself and your investment while building a more equitable rental environment.
At Advantage Property Management Services, we help landlords throughout California navigate these complexities with confidence.
If you need help interpreting California landlord laws or establishing compliant policies, our experienced team is here to guide you—every step of the way. Contact us today for a free consultation or explore our Legal FAQs to get more of your questions answered.
