California Fair Housing & Discrimination Rights

1. Protected Classes in California

California recognizes nineteen protected classes—almost double the federal list. Standard categories like race, color, religion, sex, national origin, disability, and familial status come from the federal Fair Housing Act. California adds veteran or military status, source of income, sexual orientation, gender identity and expression, marital status, ancestry, immigration status, primary language, age 40+, genetic information, and more. Why do these extras exist? • Source of Income bans “no Section 8” ads that block voucher holders from even applying. • Primary Language protects tenants whose accent or limited English proficiency triggers bias from landlords. • Immigration Status prevents threats like “I’ll call ICE if you complain.” Each state-only category arose from repeated complaint data showing gaps in federal coverage.

2. Common Discriminatory Practices

Discrimination can occur before you ever tour a unit, during tenancy, or even at move-out. The most common infractions include selective advertising (“Adults only—no kids”), steering applicants away from certain buildings based on race or disability, imposing higher deposits on voucher holders, or refusing reasonable accommodations like an assistance animal. During tenancy, landlords may limit mailboxes, pool hours, or repairs for protected groups. A subtle trend is “disparate impact” screening: blanket bans on criminal records or low credit scores that disproportionately hit minorities without an individualized assessment.

3. Screening Rules Landlords MUST Follow

Fair housing law does not bar landlords from checking credit, income, or rental history. It does require that screening criteria be applied equally and be truly necessary for business purposes. Blanket policies—such as “no evictions ever” or “650+ credit only”—may create unlawful disparate impact. HUD guidelines since 2022 urge an “individualized assessment”, weighing the nature and age of a conviction or the context behind a low credit score (medical debt, identity theft, pandemic relief deferments).

4. Reasonable Accommodations & Modifications

Disabled tenants may request changes to rules (“Accommodation”) or physical alterations (“Modification”) that are necessary to enjoy housing. Common requests include assistance animals, reserved parking close to an entrance, extra time to move out after an eviction, audible smoke alarms, or grab bars in bathrooms. Requests must be granted unless they cause an undue financial or administrative burden or fundamentally alter the landlord’s business. Tenants usually cover modification costs but not accommodations that are purely administrative.

5. Filing a Complaint with CRD (DFEH) & HUD

Filing is free, takes about 30 minutes online, and can be done without a lawyer. The Civil Rights Department (CRD) accepts complaints within three years of the discriminatory act; HUD’s deadline is one year. If you miss HUD’s window but not CRD’s, file with CRD. Both agencies can investigate, mediate, and litigate. You may also request an immediate “Right-to-Sue” letter to go straight to court.

1. Gather lease, emails, texts, photographs, and witness info.
2. Summarize what happened in under 3 paragraphs—who, when, how it violated your rights.
3. Visit the CRD or HUD portal and create an account.
4. Upload evidence and answer guided questions; request disability accommodations if needed.
5. Sign electronically under penalty of perjury.
6. Track status—investigations average 6–12 months; mediations often settle sooner.
7. If granted a Right-to-Sue, file in state or federal court within 1 year.

6. Retaliation Protections

California Civil Code §1942.5 shields tenants from punishment for asserting fair-housing rights. Any eviction, rent hike, or service cut within six months of a complaint is presumed retaliatory. Landlords can overcome the presumption only with clear evidence of a legitimate, non-discriminatory reason—such as multiple late-rent incidents treated the same way before the complaint. Tenants may sue for actual losses, receive statutory penalties of up to $2,000 per act, and recover attorney fees. See the retaliation protections page for a full six-step defense plan.

7. Small-Claims & Civil Remedies

Victims may recover damages in small claims up to $12,500. Typical awards combine application fees, hotel bills, and emotional distress up to statutory caps. Filing costs $30–$75 and hearings occur within 45–70 days. Larger or complex cases belong in Superior Court where unlimited damages, punitive awards, and injunctive relief (forcing rental availability) are possible. Fee-shifting means winning tenants usually recoup attorney costs.

Example: Economic losses $2,000 + statutory damages $5,000 = $7,000 claim—well within small-claims jurisdiction.