Under California law, housing providers cannot refuse to rent to people based on their use of housing assistance programs
SACRAMENTO– During National Fair Housing Month, the California Civil Rights Department (CRD) today announced reaching a $35,000 settlement ending a Novato apartment complex’s alleged blanket ban on renting to people using Section 8 housing vouchers. Under California law, landlords and housing providers cannot refuse to rent to people based on their use of housing assistance programs, such as Section 8. In addition to monetary compensation, the settlement requires the property owner and management staff to take proactive steps to prevent future discrimination, including through training, policy changes, and requirements to post apartment vacancies on forums that serve individuals receiving housing assistance.
“Rental assistance programs can’t help with housing insecurity if landlords won’t accept applicants who use them,” said Civil Rights Department Director Kevin Kish. “It is unlawful to reject renters simply for relying on Section 8. Whether it’s Fair Housing Month or any time of the year, our office is always working to protect the rights of our state’s residents. This settlement is just one more clear example of what we can achieve when we work together to identify and combat discrimination.”
In 2023, CRD received a complaint from Fair Housing Advocates of Northern California alleging that a Novato apartment complex had an unlawful policy of refusing to rent to individuals using housing assistance programs. The complaint was the result of testing by Fair Housing Advocates of Northern California that identified multiple instances over a period of nearly two years of discriminatory practices. Specifically, the apartment complex’s management allegedly indicated to fair housing testers who posed as prospective tenants that it would not rent to people using Section 8. Under state and federal law, nonprofit fair housing organizations may be authorized to carry out fair housing testing — including by posing as an individual in need of housing — to help identify and eliminate discriminatory practices. Pursuant to its statutory authority, CRD investigated the complaint and ultimately helped the parties reach a resolution through mediation. Over the last three years, CRD has secured nearly 150 settlements related to source of income discrimination in housing on behalf of impacted Californians.
As part of the settlement, the apartment complex’s owner and property management have agreed to take a range of corrective actions, including to:
- End the apartment complex’s unlawful blanket ban on renting to individuals using Section 8 housing vouchers or other rental assistance programs.
- Establish and distribute to staff a written policy requiring equal treatment of applicants regardless of their source of income.
- Require staff and management to complete fair housing training.
- Advertise each apartment vacancy on forums that serve individuals using housing assistance, including the Marin Housing Authority website.
- Post and make available copies of CRD’s fair housing factsheet in both English and Spanish in rental offices and common areas.
- Pay $35,000 to Fair Housing Advocates of Northern California, a nonprofit fair housing organization.
If you or someone you know has been the victim of discrimination, CRD may be able to assist you through its complaint process. General information about CRD’s complaint process and how to file a complaint is availablehere. General information regarding California’s protections against discrimination in housing is availablehere. Information on source of income discrimination is available here.
The settlement announced today was mediated by Senior Attorney Mediator Bruce W. Carter and supported by Associate Chief Counsel Azadeh Hosseinian and Staff Counsel Dagmawi Teshale.
A copy of the settlement is available here.
The California Civil Rights Department (CRD) is the state agency charged with enforcing California’s civil rights laws. CRD’s mission is to protect the people of California from unlawful discrimination in employment, housing, public accommodations, and state-funded programs and activities, and from hate violence and human trafficking. For more information, visit calcivilrights.ca.gov.
FAQs
As part of the settlement, Novato Park Apartments on Novato Boulevard agreed March 21 to pay $35,000 and change its policy to rent to those using the federal housing assistance program.
Can a landlord refuse Section 8 in California in 2024? ›
Source of Income Protections: The bill prohibits landlords from discriminating against prospective tenants based on their use of government housing assistance, including Housing Choice Vouchers. If you are a Landlord, you cannot refuse to rent to someone solely because they receive housing assistance.
Does the HUD enforce the Civil Rights Act? ›
HUD's Office of Fair Housing and Equal Opportunity (FHEO) has designated each HUD program discipline as the lead responsible for conducting civil rights front-end reviews and monitoring reviews for the programs each discipline administers.
What is the new law for Section 8 housing in California? ›
Under the new law, the screening criteria applied to a voucher holder must be the same criteria applied to other applicants for tenancy. However, any income standard applied by the housing provider must be based on the portion of the rent which would be paid by the Section 8 tenant, rather than on the contract rent.
What is the Civil Rights Act Fair Housing Act? ›
The 1968 Act expanded on previous acts and prohibited discrimination concerning the sale, rental, and financing of housing based on race, religion, national origin, sex, (and as amended) handicap and family status. Title VIII of the Act is also known as the Fair Housing Act (of 1968).
Can a landlord say no to section 8 in California? ›
No. California law prohibits landlords from refusing to rent to applicants just because they have a Section 8 voucher.
What is the new tenant law in California in 2024? ›
California Senate Bill 567, i.e., the Homelessness Prevention Act, which goes into effect on April 1, 2024, seeks to cap rent hikes at 10% and prevents landlords from evicting tenants without a legal cause. California Assembly Bill 12, i.e., the new residential security deposit law, which goes into effect on July 1, ...
What is title 8 of the Civil Rights Act? ›
Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, because of race, color, religion, sex (including gender identity and sexual orientation), familial status, national origin, and ...
What are the examples of housing discrimination? ›
In the Sale and Rental of Housing:
- Refuse to rent or sell housing.
- Refuse to negotiate for housing.
- Otherwise make housing unavailable.
- Set different terms, conditions or privileges for sale or rental of a dwelling.
- Provide a person different housing services or facilities.
Title VI of the Civil Rights Act of 1964 provides that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
Though Section 8 Housing is designed to provide rental assistance, qualifying participants can also use the funds to buy a house.
Can you evict a Section 8 tenant in California? ›
Section 8 tenants may be evicted for serious or repeated violations of the lease and/or violations of Federal, State, or local law that impose tenant obligations regarding use of the unit. The LACDA is not a party to the lease and is therefore, not involved in the eviction process.
How much will Section 8 pay for a 2 bedroom in California? ›
Payment Standards (Effective Date 1/1/2024)
| Housing Size | Payment Amount |
|---|
| Studio | $1,661 |
| 1 Bedroom | $1,980 |
| 2 Bedroom | $2,496 |
| 3 Bedroom | $3,360 |
2 more rowsUnlawfully evict tenants. Discriminate against tenants. Refuse to make reasonable repairs. Withhold a tenant's security deposit.
What four protected classes did the fair housing Act outlaw discrimination based on? ›
When originally passed in 1968, the Fair Housing Act only covered four protective classes: race, color, religion, and national origin https://www.bostonfairhousing.org/payday-loans.html. Sex was added as a protective class in 1974. In 1988, disability and familial status were included as protective classes as well.
What are the 7 personal characteristics that are protected by the fair housing Act? ›
The Fair Housing Act prohibits this discrimination because of race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, and disability.
Can I get evicted in California in 2024? ›
California passed a new landlord-tenant law that will provide additional protections for renters around just cause evictions. Set to take effect on April 1, 2024, the law will require landlords to have just cause to terminate tenancy after a tenant has been placed in the unit for 12 months.
What is the new housing mandate in California? ›
Scott Wiener: Senate Bill 423 re-ups and expands a law that speeds up the approval of apartment buildings in which some units are set aside for lower income Californians, while SB 4 does something similar for affordable housing on property owned by religious institutions and non-profit colleges.
What are three rights tenants have in California? ›
California Landlord Tenant Rental Laws & Rights for 2024
In 2024, California landlord-tenant laws continue to provide strong protections for renters. Key rights include limits on rent increases through state and local rent control ordinances, just cause eviction requirements, and the right to a habitable living space.
Can a landlord ask for first and last month rent plus security in California in 2024? ›
Landlords can also charge the first month's rent, which means that total move-in costs may be as much as three months' worth of rent. Effective July 1, 2024, landlords can only charge a security deposit equal to the value of one month's rent, whether the unit is furnished or not.
