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
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.
Can a landlord refuse Section 8 in California in 2024? ›
No. You may rent to anyone you wish, provided you don't not discriminate as prohibited by California law1.
What is the new law for Section 8 in California? ›
SB 329 – Mandatory Section 8 Bill
In addition, Section 8 voucher-holders must be treated like other applicants. Landlords cannot discriminate against tenants who use a voucher to pay their rent. Tenants must still meet other terms of the housing owner. This law takes effect on January 1, 2020.
Can you decline Section 8 in California? ›
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.
What are the rights of Section 8 tenants in California? ›
under Section 8
You have the right to live in decent, safe, and sanitary housing that's free from environmental hazards such as asbestos insulation and lead-based paint. You have the right to have repairs performed in a timely manner, upon request, and to have a quality maintenance program run by management.
What is the new renters law in California 2024? ›
At a glance: What a landlord cannot do in California in 2024
Landlords can't raise rent more than 10% total or 5% + CPI increase (whichever is lower) over a 12-month period. No-fault evictions are prohibited, so landlords can't evict a tenant without cause.
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.
What is the new credit law in 2024? ›
Consumer Financial Protection Bureau Releases Final Rule on Credit Card Late Fees, with Overdraft Fees on Deck. On March 5, 2024, the Consumer Financial Protection Bureau (Bureau) announced the final rule governing late fees for consumer credit card payments, likely cutting the average fee from $32 to just $8.
What is the new flipping law in California? ›
Bottom Line. There is a new law called AB-968 that affects single-family homes, including condos, and goes into effect July 1, 2024. It requires any seller who has owned a home for less than 18th months to disclose all additions, modifications, alterations, and repairs made to the property.
What disqualifies you from Section 8 California? ›
To qualify, your household's income must be below a certain threshold, typically set at 50% of the median income for your area. Eligibility is also determined by factors such as family size, citizenship status, and criminal history. You can use HUD's income guidelines to learn how to qualify for Section 8.
Are California Landlords Required to Accept Section 8 Housing Vouchers? Yes. Prior to SB 329, California landlords could legally decline tenant applicants who relied on government housing vouchers to pay their rent.
How long can you stay on Section 8 housing in California? ›
How long can I remain in the Section 8 Voucher Program? Current Program rules allow you to continue to receive housing assistance as long as you are income-eligible and as long as you fulfill your tenant obligations established by HUD for the Section 8 Program.
Can you raise rent on Section 8 tenants in California? ›
If the tenant has lived in the unit for more than one year, the rent increase can be requested at anytime. Only one increase is allowed per unit per 12-month period. ➢ All rent increases are effective the first day of the month following 60-Days Notice to your tenant and OHA's receipt of your request.
How much will Section 8 pay for a 2 bedroom in California? ›
Small Area Fair Market Rents - Effective Date 10/1/2024
| Bedroom Size | Payment Standards |
|---|
| Studio | $1,600-$1,664 |
| 1 Bedroom | $1,740-$1,827 |
| 2 Bedroom | $2,150-$2,365 |
| 3 Bedroom | $2,870-$3,157 |
2 more rowsLandlord Rights and Responsibilities
According to the California Civil Code (1940-1954.05), the landlord has the right to collect rent, withhold security deposit return in case of property damages, evictions in case of agreement breaches, and many more.
What happens to a Section 8 voucher if the head of household dies in California? ›
To learn more about the Section 8 program rules, please review the OHA Administrative Plan. Program participation terminates automatically upon the death of a single member household, including single member households with a live-in aide.
What is the 2024 law in California? ›
Those new laws place a sales tax on guns and ammo, require bars to offer date-rape drug testing kits to customers, eliminate hidden/junk fees, increase access to menstrual products in schools, cap security deposits and require employers to implement workplace violence prevention plans.
What is SB 567 in California 2024? ›
Effective April 1, 2024, SB 567 will add a significant hurdle to any “no-fault just cause” eviction where the property owner (or the owner's direct relative) desires to occupy the residential real property or an investor seeks to displace the tenant for a substantial remodel.
What disqualifies you from Section 8 housing in California? ›
What can cause termination from Section 8 housing? Some common reasons include the tenant (or their guests) engaging in drug-related activity, not paying rent, Page 2 engaging in criminal activity, or violation of terms of the lease, to name a few. Fraud is another reason a recipient may be terminated from the program.
What is the new housing mandate in California? ›
California must plan for more than 2.5 million homes over the next eight-year cycle, and no less than one million of those homes must meet the needs of lower-income households. This represents more than double the housing planned for in the last eight-year cycle.
