Cal. Code Regs. tit. 2 § 12141

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 12141 - Source of Income Discrimination in Rental Housing

(a) It is unlawful for a landlord or a landlord's agent to discriminate on the basis of the source of income by which a tenant or applicant for tenancy pays part or all of their rent by taking an "adverse action" as defined in section 12005(b). For purposes of this section, additional examples of "adverse action" include:

(1) A refusal to negotiate in good faith with the provider of any public assistance, rental assistance, or housing subsidy program;

(2) Imposing different procedures for the consideration of any public assistance, rental assistance, or housing subsidy program as payment for rent, unless in response to a request for a reasonable accommodation;

(3) A refusal to comply with the requirements of any public assistance, rental assistance, or housing subsidy program;

(4) Applying inferior terms, conditions, or privileges in connection with the rental of a housing accommodation, including, but not limited to, setting rates for rental or lease, establishing damage deposits or other financial conditions, or refusing or limiting access to common areas or facilities based upon an individual's source of income. This includes imposing less favorable rental terms as a condition of accepting a rental subsidy, rental assistance or a housing voucher;

(5) A refusal to make repairs to a housing accommodation where the individual's source of income requires the housing accommodation to meet a governmental program's habitability standards;

(6) Representing to any individual based upon the individual's source of income that a housing accommodation is unavailable for potential rental when such housing accommodation is, in fact, available;

(7) Terminating or threatening to terminate participation in a rental assistance program;

(8) To make, print, or publish, or cause to be made, printed, or published through any medium, electronic, print, broadcast or other method, any notice, statement, sign, advertisement, application or contract, with regard to a housing accommodation offered for rent, including, but not limited to, accepted forms of payment for the housing accommodation, which indicates a preference, limitation, or discrimination or an intention to make that preference, limitation or discrimination based on an individual's source of income; or

(9) To otherwise make unavailable or deny a dwelling based on a person's source of income.

(b) For the purposes of this section, it shall not constitute discrimination based on source of income for a landlord or landlord's agent to make a written or oral inquiry concerning the level or source of income:

(1) For the purpose of verifying the level or source of income stated in an application by a prospective tenant;

(2) For the purpose of verifying the level or source of income to confirm eligibility for subsidized housing;

(3) For the purpose of verifying the level or source of income to confirm eligibility for rental assistance or other tenancy protections, including those related to a public health emergency or natural disaster, and only if verification of such income is legally required to qualify for the rental assistance or tenancy protections; or

(4) If required by law.

(c) Affordable housing developments receiving governmental assistance or subsidies are subject to the prohibition on source of income discrimination, including discrimination against voucher holders under Section 8 of the United States Housing Act of 1937 (42 U.S.C. § 1437f), unless the terms of the governmental assistance prohibit or restrict the use of a voucher in a particular unit. Where such restrictions are in place in a housing development, it is unlawful to discriminate against voucher holders in any units not subject to such restrictions.

Cal. Code Regs. Tit. 2, § 12141

Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12926, 12926.1, 12927, 12948, 12955, 12955.6 and 12955.8, Government Code.

1. New section filed 11-19-2021; operative 1/1/2022 (Register 2021, No. 47).
2. Amendment of subsection (a), new subsection (a)(7), subsection renumbering and amendment of newly designated subsection (a)(8) filed 11-22-2023; operative 1/1/2024 (Register 2023, No. 47).