Answer FileLandlord–Tenant

Can a landlord refuse Section 8 vouchers in California?

The answer, cited

No. Since 2020, California's Fair Employment and Housing Act defines source of income to include federal, state, and local housing subsidies, including Section 8 vouchers (Government Code section 12955), so refusing an applicant because of a voucher is unlawful housing discrimination. Landlords may still apply lawful, uniformly applied screening criteria.

Refusing to rent to someone because they hold a Section 8 voucher is source-of-income discrimination in California. The Fair Employment and Housing Act (Government Code section 12955) was amended effective 2020 to define source of income to include verifiable income from federal, state, or local housing assistance programs — expressly reaching Section 8 housing choice vouchers — so landlords may not reject applicants, advertise "no Section 8," or impose different terms because rent will be paid partly by a subsidy. When evaluating income requirements, the landlord must account for the voucher and apply any income-to-rent standard only to the tenant's share. Landlords remain free to use lawful screening criteria — credit, references, rental history — as long as they are applied uniformly to all applicants. Remedies for violations include a complaint to the California Civil Rights Department or a civil action, with damages and penalties available, and local ordinances in some cities add their own enforcement. Keep the listing, correspondence, and application records; they are the evidence.

Authority: Cal. Gov. Code § 12955

Legal information, not legal advice.

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