Avoiding Discrimination and Understanding Protected Classes
California's fair housing laws are among the nation's strongest, providing extensive protections against housing discrimination. For Placer County landlords in Roseville, Rocklin, Auburn, and surrounding areas, understanding these laws is essential to avoid costly violations and lawsuits.
Fair housing law operates at three levels: federal (Fair Housing Act), state (California Fair Employment and Housing Act - FEHA), and sometimes local ordinances. When laws conflict, the most protective standard applies. California's FEHA goes significantly beyond federal requirements, adding protected classes and imposing stricter compliance obligations.
Note: Federal fair housing law prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability. California expands these protections substantially under FEHA and the Unruh Civil Rights Act.
California protects 15+ classes beyond federal law
California landlords cannot discriminate based on:
Legal Requirement: These protections apply throughout the rental process: advertising, showing properties, screening applicants, setting lease terms, providing services, and terminating tenancies.
Warning: California's source of income protection (SB 329, effective 2020) is particularly important and frequently misunderstood. Landlords cannot refuse to rent to otherwise-qualified applicants solely because their income comes from government programs.
You CAN: Apply the same income, credit, and screening criteria to voucher holders as to all other applicants
If your policy requires income equal to 2.5 times rent and the applicant (including voucher subsidy) doesn't meet this threshold, you can deny the application.
You CANNOT: Categorically refuse voucher holders, impose different application requirements, delay processing applications, or discourage voucher holders from applying. Statements like "we don't accept Section 8" are illegal.
Pro Tip: The voucher holder's portion of rent must meet your income requirements. For example, if rent is $2,500 and the voucher covers $2,000, the tenant pays $500. The tenant's income must support that $500 payment according to your standard criteria (typically $1,250 to $1,500 gross monthly income for a 2.5-3x multiplier).
Federal and California law require landlords to make reasonable accommodations for tenants with disabilities. An accommodation is a change to rules, policies, practices, or services necessary to give a person with a disability equal opportunity to use and enjoy a dwelling.
When a tenant requests accommodation, evaluate it through this framework:
Most requests must be granted unless they create undue hardship. Denials should be rare and documented with specific business justifications. When in doubt, consult a fair housing attorney before denying any accommodation request.
Assistance animals (service animals and emotional support animals) are accommodations, not pets. You cannot charge pet rent or pet deposits for assistance animals, and no-pet policies don't apply.
You can request documentation verifying: (1) the person has a disability, and (2) the animal provides disability-related assistance. For emotional support animals, a letter from a healthcare provider explaining the need typically suffices. Be cautious with documentation requests—they must comply with fair housing law and privacy protections.
You can deny assistance animals if they pose a direct threat to health/safety, cause substantial property damage, or fundamentally alter your operations. The burden of proof is on you, and denials must be based on the specific animal's behavior, not breed or species assumptions.
Discrimination can be overt or subtle. California law prohibits numerous specific actions:
The single most important fair housing practice is consistency. Establish written screening criteria and apply them identically to every applicant.
Your written criteria should specify:
Apply these criteria uniformly. If you accept an applicant with a 620 credit score, you cannot later reject someone with 640 for credit reasons. If you waive income verification for one applicant, you cannot strictly enforce it for another without neutral, documented justification.
California law allows criminal background checks, but HUD guidance and fair housing principles impose significant limitations to avoid discriminatory impact.
Familial status protection prohibits discrimination against families with children. Landlords cannot refuse to rent to families, impose different terms, or segregate families to certain buildings or units.
You can enforce reasonable occupancy limits, but they must be based on objective factors (unit size, bedroom count, local housing codes), not discriminatory intent.
HUD's general guideline is "two persons per bedroom" as a reasonable standard, though California law may allow more restrictive limits if justified by health, safety, or building code requirements. Consult local ordinances—Placer County and cities like Roseville may have specific occupancy standards.
Policies like "no children under 2" or "maximum one child per bedroom" likely violate familial status protections and should be avoided.
Fair housing violations carry severe consequences, including:
California's Department of Fair Employment and Housing (DFEH, now Civil Rights Department) can impose penalties of $25,000 for a first violation and $50,000+ for subsequent violations. They can also order landlords to rent to the discriminated applicant, provide training, and change policies.
Victims of discrimination can sue for:
Total exposure from a fair housing lawsuit can easily exceed $100,000 when factoring in damages, fees, and reputational harm.
Federal complaints filed with HUD can result in investigations, conciliation agreements, administrative hearings, and federal court lawsuits with similar damages and penalties.
Some property types have limited exemptions from certain fair housing provisions, though these are narrow and don't eliminate all obligations.
Owner-occupied buildings with four or fewer units may be exempt from some federal Fair Housing Act provisions (but not California law). Practically, this exemption is rarely useful, as California's more protective laws still apply.
Single-family homes rented without a real estate broker may have limited federal exemptions, but again, California law typically provides broader protection, and discriminatory advertising is still prohibited even under federal exemptions.
Important: Even where technical exemptions exist, discrimination is never advisable. Compliance with full fair housing standards protects your reputation and avoids legal exposure.
All staff involved in rental activities should receive regular fair housing training. Understanding protected classes, recognizing discriminatory conduct, and knowing how to handle accommodation requests prevents violations.
Use standardized application forms, screening criteria, and lease agreements. Consistency across all applicants is the strongest defense against discrimination claims.
Maintain detailed records of why each applicant was approved or denied. If you reject an applicant, document the specific, non-discriminatory reason (e.g., "Credit score 580, below 600 minimum" or "Negative landlord reference citing unpaid rent").
Avoid any language suggesting preferences or limitations based on protected classes. Train anyone showing properties or answering tenant inquiries to use neutral language.
When tenants request accommodations, respond promptly (within 10 days is a common best practice). Request necessary documentation respectfully, evaluate requests fairly, and document your decision-making process.
Advertising must be non-discriminatory. Prohibited language includes:
Safe language focuses on property features: "Two-bedroom apartment," "Near shopping and transit," "Quiet neighborhood," "Hardwood floors," etc.
Fair housing compliance isn't just about avoiding lawsuits—it's good business. By focusing on objective, consistent screening criteria, you identify the most qualified tenants regardless of protected characteristics. This approach fills vacancies faster, reduces disputes, and builds a positive reputation.
For Placer County landlords in Roseville, Rocklin, Auburn, and surrounding areas, Lifetime Property Management ensures full fair housing compliance in all tenant screening, leasing, and property management activities. Our training, standardized procedures, and documentation practices protect your investment while treating all applicants and tenants fairly.
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