Can a Landlord Refuse Section 8 in California?

This is one of the most searched rental questions in California, and the law changed in a way many landlords and tenants still have not caught up with. Since January 1, 2020, refusing to rent to someone because they use a housing voucher is illegal in California. This article is general legal information, not legal advice.

Is it legal to say no Section 8 in a listing?

No. SB 329 amended the Fair Employment and Housing Act (Government Code section 12955) so that source of income includes federal, state, and local housing subsidies, including Section 8 Housing Choice Vouchers. Advertising phrases like no Section 8 or no vouchers, refusing applications from voucher holders, or steering them to other buildings are all forms of unlawful discrimination.

Does a landlord have to accept every voucher applicant?

No. A landlord may still apply the same lawful, neutral screening criteria used for everyone: rental history, references, and the like. But the landlord cannot reject the applicant because of the voucher, and income requirements must be calculated based on the tenant's share of the rent rather than the full rent. A minimum-income rule applied to the whole rent when a voucher pays most of it functions as discrimination.

What are the penalties for source-of-income discrimination?

Tenants can file complaints with the California Civil Rights Department or sue under FEHA, with remedies that can include actual damages, emotional distress damages, civil penalties, and attorney fees. Cities in Los Angeles County have also stepped up local enforcement and testing programs, in which trained testers pose as applicants to document discriminatory responses.

What should renters and landlords do?

Voucher holders who get a no Section 8 response should keep the listing, the messages, and notes on every conversation, and get advice promptly since deadlines apply. Landlords should scrub listings and screening criteria, train anyone answering inquiries, and treat voucher paperwork like any other administrative step of leasing. Baghikian Law advises rental property owners and tenants across Los Angeles and the San Fernando Valley, and consultations are free and confidential.