Rental criteria are the written standards every applicant is measured against: income, credit, rental history and the like. An owner who charges a screening fee under the first-come, first-qualified option must hand out written criteria with the application (Civil Code § 1950.6(c)(2)), and every standard must steer clear of the characteristics protected by Government Code § 12955(a), which include source of income and veteran or military status. Written criteria are also the simplest way to show that every applicant faced the same test.

The short version

  • Write the criteria before you advertise, and give the same document to every applicant.
  • Income, credit, rental history, references and identity checks are common criteria; several have California limits built in.
  • For an applicant with a rent subsidy, an income standard may only look at the tenant's share of the rent (Gov. Code § 12955(o)(1)(A); 2 CCR § 12143).
  • Criteria may not refer to any protected characteristic, and a blanket ban on everyone with a criminal record is unlawful (2 CCR § 12269(a)(5)).
  • Apply the document the same way every time and keep a record of how each applicant measured up.

Why put criteria in writing

The rule itself is in the law library: see application and screening fees for the fee options and fair housing and source of income for the protected classes. This page covers how to turn those rules into a document.

There are three practical reasons to write criteria down:

  • The fee option may require it. Under § 1950.6(c)(2), a landlord using the first-come, first-qualified option must give written screening criteria with the application and approve the first applicant who meets them.
  • Consistency is easier to prove. The FEHA criminal-history regulations, for example, say that treating comparable criminal history differently for members of a protected class may show pretext (2 CCR § 12267). A written standard applied the same way each time is the clearest record that you did not.
  • Sharing a lawful policy is expressly allowed. Advertising a lawful screening policy, giving applicants a copy, and offering a chance to present mitigating information are expressly not unlawful (2 CCR § 12268).

From April 1, 2027, the criteria packet will also need company: SB 1296 (Civil Code § 1942.7.5) requires a written pet policy with every rental application, with a space on the application to acknowledge receipt.

What the criteria can cover

ItemWhat to includeLimits to build in
IncomeOne stated standard, written the same for every applicantCount the combined income of people who will live together on the same basis as a married couple (§ 12955(n); 2 CCR § 12142). For a subsidy holder, measure only the tenant's share (§ 12955(o)(1)(A)). "Lawful, verifiable income" is defined to include benefits and vouchers (2 CCR § 12140).
Credit historyWhat you check and what result does not meet the standardFor a subsidy holder, offer the option of alternative evidence such as benefit letters, pay records or bank statements, allow reasonable time, and reasonably consider it (§ 12955(o)(1)(B)).
Rental history and referencesWhat you verify and what record fails the standardLandlord references may be requested (§ 12955(o)(2)). A landlord may not refuse to rent solely because a person previously ended a lease under Civil Code § 1946.7 (§ 1946.7(j)).
Identity and employmentWhat documents you accept to verify themVerifying identity and employment is allowed (§ 12955(o)(2)).
Criminal historyOnly convictions directly related to a stated interest, such as resident safetyArrests without conviction, diversion, infractions, sealed or dismissed convictions and juvenile matters are off limits (with narrow exceptions), and blanket bans are unlawful (2 CCR § 12269(a)).
Household sizeAny limit you use, with its basisNo California statute or FEHA regulation setting an occupancy standard was found. HUD's 1998 enforcement policy says two persons per bedroom is reasonable "as a general rule", but that is rebuttable and depends on room sizes, the unit's layout and other factors. A limit on children rather than people is less likely to be reasonable.
Co-signers and guarantorsWhen you accept oneEach is an applicant for fee purposes (§ 1950.6(j)). Allowing a co-signer can be a disability accommodation (2 CCR § 12176(f)(7)).

For income standards and vouchers in more depth, see income requirements and housing vouchers. For the criminal-history rules, see criminal history in tenant screening.

What criteria must leave out

Section 12955(a) lists the protected characteristics, including familial status, source of income, disability, and veteran or military status; the full list is on the fair housing and source of income page. A criterion that names or works as a proxy for any of these does not belong in the document. In practice, check for these common problems:

  • Payment-source wording. A notice or ad that signals a preference about "accepted forms of payment", or that rules out vouchers, is listed as source-of-income discrimination (2 CCR § 12141(a)(9)).
  • Different terms for subsidy holders. Setting rent, deposits or other financial conditions less favorably because an applicant uses a voucher is also listed (2 CCR § 12141(a)(4)).
  • Familial status. Familial status covers households with children under 18, and anyone pregnant or securing custody (Gov. Code § 12955.2).
  • Military status. Veteran or military status is protected. The two-month deposit option for small landlords does not apply to a service member, and a landlord may not refuse to rent to a service member for that reason (Civil Code § 1950.5(c)(5)(B)). See military tenants and the SCRA.
  • Criminal-history shortcuts. "No felonies" or "no criminal record" is a blanket ban (2 CCR § 12269(a)(5)).
  • Assistance animals. An assistance animal is not a pet (2 CCR § 12005(d)), so a no-pet line should not be applied to one.

How to apply the criteria the same way every time

  1. Finish the document before the listing goes live.
  2. Give the same packet to every applicant. Under the first-come, first-qualified option this is required, along with considering complete applications in the order received (§ 1950.6(c)(2)).
  3. Score each application against each written line. Note which criterion was met and which was not, in words another person could follow.
  4. Build in the alternatives the law requires. For a subsidy holder, measure income against the tenant's share and offer the credit alternative before deciding.
  5. Handle accommodation requests. A request can come at any point and need not use particular words (2 CCR § 12176(f)(2) and (3)), so have a process; see reasonable accommodation requests.
  6. Explain a denial properly. If a consumer report played a part, notices are required; see adverse action notices.
  7. Review the document between vacancies, not during one, and date each version so you know which one applied to which applicant.

For owners

Keep the criteria specific enough that two people scoring the same file would reach the same answer; a line such as "good rental history" is too vague. The FTC's landlord guidance says a landlord must securely dispose of a consumer report and any information gathered from it.

For renters

You can ask for the written criteria before you apply, and under the first-come, first-qualified fee option they must come with the application. Read the income line closely: if you use a voucher or other subsidy, the standard should be measured against your share of the rent, and if credit is checked you may offer alternative proof of your ability to pay. If you need a change to a rule because of a disability, you may ask at any stage. The Coronado guide to applying for a rental walks through the application itself.

Local rules

Some cities add rules on top of state law, such as local just-cause, relocation or rental registration requirements; check your city's code. Coronado has no local rent-control or just-cause ordinance as of October 2026 (based on a review of its code's contents).

Frequently asked questions

Do California landlords have to give applicants written rental criteria?

A landlord who charges a screening fee under the first-come, first-qualified option in Civil Code § 1950.6(c)(2) must give written screening criteria with the application. A landlord using the other option, a full refund to every applicant not selected, is not tied to that requirement by the statute, but written criteria are still the clearest way to show every applicant was held to the same standard.

Can I say "no Section 8" in my criteria or listing?

No. Source of income, including Section 8 and HUD-VASH vouchers, is a protected characteristic under Gov. Code § 12955(a) and (p)(1), and a notice or advertisement that signals a source-of-income preference, including about accepted forms of payment, is listed as discrimination in 2 CCR § 12141(a)(9).

Can I limit how many people live in the unit?

A reasonable occupancy limit is possible, but no California statute or FEHA regulation setting one was found. HUD's 1998 enforcement policy treats two persons per bedroom as reasonable as a general rule, while stressing that this is rebuttable and depends on bedroom and unit size, layout and other factors. Familial status is protected, so a limit aimed at children is less likely to be reasonable.

Can my criteria exclude anyone with a criminal record?

No. A blanket ban that rejects everyone with a criminal record, or everyone with a felony or misdemeanor, is unlawful under 2 CCR § 12269(a)(5). A criminal-history practice with a discriminatory effect is lawful for a rental business only if it uses directly related convictions and meets the other conditions in 2 CCR § 12266(b).

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

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

Sources

Verified October 19, 2026.

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