Why Equal Housing Matters
Landlords in California—including San Diego—must comply with federal, state, and local laws prohibiting housing discrimination. Violating these laws can result in serious consequences, including fines, lawsuits, and damage to your reputation.
Key Laws to Know
1. Federal Fair Housing Act (1968)
Prohibits discrimination based on race, color, religion, sex, national origin, disability, or familial status.
2. California Fair Employment and Housing Act (FEHA)
Expands protections to include sexual orientation, gender identity/expression, marital status, source of income (including Section 8 vouchers), ancestry, immigration status, and more.
3. Unruh Civil Rights Act (1959)
Applies broadly to California businesses—including rental housing—ordering nondiscrimination against protected categories like age, genetic condition, and primary language.
4. San Diego City Protections
Enforces state and federal laws and prohibits discrimination based on source of income (e.g., rental assistance), in line with the City’s municipal code.
Practical Landlord Guidelines for Equal Housing
Here’s how to keep your property compliant, fair, and inclusive:
| Stage | What to Do |
|---|---|
| Advertising | Use neutral language—avoid phrases like “no kids” or “ideal for singles.” |
| Screening | Apply all criteria—credit, income, history—consistently and fairly. Avoid asking about protected characteristics. |
| Income Source | Accept lawful rental assistance, including Section 8 vouchers. Refusal is illegal. |
| Disability Mods | Provide reasonable accommodations (e.g., service animals, ramps), and allow tenant-paid modifications. |
| Enforcement | Be consistent with policies and maintenance for all tenants. Avoid selective rule enforcement. |
| Evictions | Enforce policies fairly and document thoroughly. Avoid retaliation or discriminatory language. |
A Real Issue: Discrimination Against Section 8 Tenants
An undercover investigation in California exposed widespread discrimination against tenants with Section 8 vouchers. More than 200 landlords and agents refused them housing despite protections under the law—resulting in complaints filed with the California Civil Rights Department.
Reminder: Refusing someone based on their income source is illegal and exposes landlords to legal risk.
Resources for San Diego Landlords
- Fair Housing Center & Legal Aid Society of San Diego—help tenants report discrimination.
- California Civil Rights Department (CRD)—formerly DFEH—handles enforcement and complaints.
- CSA San Diego County—offers fair housing counseling, mediation, and landlord guidance.
Bottom Line
Equal housing laws in California require landlords to treat all applicants and tenants fairly, regardless of their background or income source. Complying with federal, state, and local rules helps you avoid legal troubles and supports inclusive, thriving communities.
Need help staying compliant and fostering fair rental practices? Reach out to Key Property Management—we’re always here to guide you.
