California's Fair Employment and Housing Act (Gov. Code § 12955) makes it unlawful for a housing owner to discriminate against or harass anyone because of a protected characteristic, including source of income and veteran or military status. "Source of income" expressly includes Section 8 and HUD-VASH vouchers (§ 12955(p)(1)), and when a tenant has a rent subsidy, any minimum-income test must be applied to the tenant's portion of the rent (§ 12955(o)). The federal Fair Housing Act (42 U.S.C. § 3604) applies on top of state law.

This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.

At a glance

ItemRule
State lawGov. Code § 12955 (Fair Employment and Housing Act), last amended by SB 267, effective January 1, 2024
Federal lawFair Housing Act, 42 U.S.C. §§ 3603, 3604
California protected classesRace, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information
Source of incomeLawful, verifiable income paid to the tenant or to the landlord for the tenant, including public assistance and housing subsidies such as Section 8 and HUD-VASH vouchers (§ 12955(p))
Subsidy holdersIncome standard uses the tenant's share of the rent; if credit history is used, alternative evidence of ability to pay must be offered (§ 12955(o))
AdvertisingAds and notices may not state a preference or limitation on a protected basis, including source of income and military status (§ 12955(c); 42 U.S.C. § 3604(c))
Federal small-owner exemptionLost when a broker, agent or anyone in the business of renting is used (42 U.S.C. § 3603(b)(1))

What the law says

California: Gov. Code § 12955

Section 12955(a) makes it unlawful for the owner of any housing accommodation to discriminate against or harass any person because of the characteristics listed in the table above. Section 12955(c) separately bans notices, statements and advertisements that indicate a preference, limitation or discrimination on those bases, and it names source of income and veteran or military status expressly. The protection also covers a person who is perceived to have a characteristic, or who is associated with someone who has it (§ 12955(m)).

"Familial status" means one or more people under 18 living with a parent, legal custodian or designee. It also protects anyone who is pregnant or in the process of securing legal custody (Gov. Code § 12955.2).

Source of income: § 12955(p)

The statute defines source of income as "lawful, verifiable income paid directly to a tenant… or paid to a housing owner or landlord on behalf of a tenant, including federal, state, or local public assistance, and federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8." HUD-VASH vouchers, used by veterans, are expressly included.

Two points owners often miss:

  • Asking is allowed. Asking about the level or source of an applicant's income is not, by itself, discrimination (§ 12955(p)).
  • Treating voucher holders differently is not. A voucher is a source of income under the statute, so refusing an applicant, or offering different terms, because rent will be paid partly through a voucher treats that person differently because of source of income.

Income standards and credit checks

  • Subsidized rent: where a government rent subsidy exists, an income standard must be based on the portion of the rent the tenant pays, not the full contract rent (§ 12955(o)).
  • Credit history alternative: a landlord who uses an applicant's credit history must offer the option to provide verifiable alternative evidence of ability to pay, such as government benefit letters, pay records or bank statements. The landlord must allow reasonable time to provide it and must reasonably consider it (§ 12955(o)). Section 12955(o) in its current form was amended by SB 267, effective January 1, 2024.
  • Households: an income standard must count the aggregate income of persons who will live together on the same basis as the income of married persons (§ 12955(n)).

Federal law: 42 U.S.C. § 3604

The Fair Housing Act makes it unlawful to refuse to rent, set different terms, falsely say a unit is unavailable, or engage in blockbusting because of race, color, religion, sex, familial status or national origin, and (under § 3604(f)) disability, which the statute calls "handicap." Refusing a reasonable accommodation or a reasonable modification for a person with a disability is also discrimination (§ 3604(f)(3)). Section 3604(c) bans discriminatory notices, statements and advertisements.

Who it applies to

California's § 12955 applies to the "owner of any housing accommodation." This page does not cover any exemptions FEHA itself may contain, such as for an owner renting a room in their own home; this page does not address them, so check with counsel before relying on one.

The federal law has a narrow exemption for a single-family house rented by a private owner of no more than three such houses, but only if the house is rented without the use of any real estate broker, agent or salesperson, or any person in the business of renting dwellings, and without a discriminatory ad (42 U.S.C. § 3603(b)(1)). An owner who rents through a property manager or broker does not get this exemption. The federal advertising ban in § 3604(c) applies either way.

Related protections

  • Assistance animals: under California regulations, "An assistance animal is not a pet." A person with an assistance animal may not be charged a pet fee, extra rent or an additional deposit for it, and no breed, size or weight limits apply, apart from a narrow exception for miniature horses (2 CCR §§ 12005(d), 12185). See pets and assistance animals.
  • Service member deposits: the two-month deposit exception for small landlords does not apply to a service member, and a landlord may not refuse to rent to a service member because of that (Civ. Code § 1950.5(c)(5)(B)). See military tenants.
  • Prior crime-victim lease termination: a landlord may not refuse to rent to someone solely because they previously ended a lease under Civ. Code § 1946.7 (§ 1946.7(j)).
  • Immigration status: threatening to disclose a tenant's immigration status to influence them to move out is unlawful (Civ. Code § 1940.2(a)(5)).

What owners should do

  1. Write screening criteria once and use them for every applicant. The same income ratio, credit standard and rental-history rule should apply to everyone. If you charge a screening fee under the first-come, first-qualified option, the written criteria must go out with the application (see application and screening fees).
  2. Apply income tests to the tenant's share. For an applicant with a rent subsidy, run your income standard against the portion of rent the tenant pays.
  3. Offer the credit alternative. If you use credit history, tell applicants they may provide benefit letters, pay records, bank statements or other verifiable evidence of ability to pay, give them reasonable time, and actually consider what they provide.
  4. Count household income together. Combine the income of people who will live together the same way you would for a married couple.
  5. Check every ad. Remove wording that states a preference or limitation on any protected basis. Language that rules out voucher holders or a type of income states a source-of-income limitation.
  6. Answer availability questions the same way for everyone. Saying a unit is taken when it is not is a federal violation if done for a protected reason.
  7. Handle accommodation requests promptly and in writing, including assistance-animal requests.

What tenants should know

  • You may be asked about the amount and source of your income. You may not be turned down, or offered worse terms, because your income comes from a voucher, public assistance or another lawful source.
  • If you have a rent subsidy, a minimum-income rule should be measured against your share of the rent.
  • If the landlord checks credit, you can offer other proof of ability to pay, such as benefit letters, pay stubs or bank statements, and the landlord must reasonably consider it.
  • Military or veteran status, familial status (including pregnancy) and every other characteristic listed above are protected under California law.
  • An ad that states a preference or limitation on a protected basis is itself a violation.

Step-by-step guides

For the practical side of this rule, see these guides in the California Rental Handbook:

Local rules

Some California cities add local fair housing or tenant rules on top of state law. Coronado has no local rent-control or just-cause ordinance as of October 2026 (based on a review of its code's contents); see the Coronado Rental Guide. Other San Diego County cities may differ; check your city's municipal code.

Recent and upcoming changes

  • January 1, 2024: SB 267 amended § 12955, including subdivision (o) on income standards for subsidy holders and the credit-history alternative.
  • January 1, 2027: AB 2025 requires a disclosure, plus the unaltered original or a link to it, when a rental ad uses a digitally altered or AI-generated image (Civ. Code § 1940.11).
  • April 1, 2027: SB 1296 requires a written pet policy with every listing and application. It does not change assistance-animal law (Civ. Code § 1942.7.5).

See all dated items in California landlord law changes for 2026 and 2027.

Frequently asked questions

Can a California landlord refuse a Section 8 voucher?

Section 12955(p) defines source of income to include federal housing assistance vouchers issued under Section 8, and § 12955(a) makes it unlawful to discriminate because of source of income. Turning down an applicant, or setting different terms, because rent will be paid partly through a voucher treats that applicant differently on that basis. Owners who believe an exemption applies to them should confirm it with counsel before acting on it.

Can I require tenants to earn two or three times the rent?

This page does not address any particular ratio. What § 12955 does require is that, for an applicant with a government rent subsidy, the income standard be based on the tenant's portion of the rent, and that the income of people who will live together be counted together, the same way as for a married couple.

Is it legal to ask where an applicant's income comes from?

Yes. Section 12955(p) says asking about the level or source of income is not, by itself, discrimination. What matters is what you do with the answer: the decision and the terms must not differ because of the source.

Does fair housing law apply if I rent out a single house myself?

California's § 12955 applies to the owner of any housing accommodation; this page does not cover FEHA's own exemptions. The federal exemption for an owner of no more than three single-family houses applies only when no broker, agent or rental business is involved and no discriminatory ad is used, so it does not apply when a property manager handles the rental.

Is military or veteran status a protected class in California housing?

Yes. Gov. Code § 12955(a) lists veteran or military status as a protected characteristic, and § 12955(c) bars ads and notices that state a preference or limitation based on it. Separate federal and state rules on leases for service members are covered in military tenants in California.

McKee Properties manages rentals from its Coronado office; contact us with questions about your property.

Sources

Verified October 19, 2026.

Talk With a Local Property Expert

Ask your questions, get honest answers, and see if we’re the right fit — no commitment.

Schedule a Call