In California, it is against the law for landlords to discriminate against potential tenants based on their source of income. This includes refusing to rent to someone because they are using a Section 8 housing voucher. If a landlord does refuse to rent to someone with a Section 8 voucher, they could face legal action. Landlords are required to consider all applicants equally, regardless of their income source. They must also make reasonable accommodations for tenants with disabilities, including those who use service animals. If you believe that you have been discriminated against because of your source of income, you can file a complaint with the California Department of Fair Employment and Housing.
Fair Housing Act and Section 8
The Fair Housing Act is a federal law that prohibits discrimination in housing. It was enacted in 1968 and has been amended several times since then. The Act protects people from discrimination based on race, color, religion, national origin, sex, familial status, and disability. Section 8 is a federal housing assistance program that provides rental subsidies to low-income families, the elderly, and people with disabilities. The program is administered by the U.S. Department of Housing and Urban Development (HUD).
Prohibitions Against Source of Income Discrimination
- Landlords cannot refuse to rent to someone because they receive income from a Section 8 voucher.
- Landlords cannot treat Section 8 voucher holders differently than other tenants.
- Landlords cannot advertise that they do not accept Section 8 vouchers.
- Landlords cannot retaliate against tenants who exercise their rights under the Fair Housing Act.
Consequences for Violating Fair Housing Laws
- The Fair Housing Act provides several remedies for victims of housing discrimination, including:
- Compensatory damages
- Punitive damages
- Injunctions
- Attorney fees
Enforcement of the Fair Housing Act Agency Responsibility U.S. Department of Housing and Urban Development (HUD) HUD investigates complaints of housing discrimination and enforces the Fair Housing Act. U.S. Department of Justice (DOJ) The DOJ prosecutes cases of housing discrimination under the Fair Housing Act. State and local fair housing agencies State and local fair housing agencies investigate complaints of housing discrimination and enforce fair housing laws. What to Do If You Experience Discrimination
- Contact a fair housing agency to file a complaint.
- You can also file a complaint with HUD online or by calling 1-800-669-9777.
- If you believe you have been discriminated against, you should seek legal advice from an attorney who specializes in fair housing law.
California State Laws and Regulations
Fair housing laws in California prohibit discrimination against tenants based on their source of income, including Section 8 housing vouchers. Landlords in California are required to comply with these laws and cannot refuse to rent to tenants solely because they hold a Section 8 voucher.
However, there are some exceptions to this rule. Landlords may refuse to rent to Section 8 tenants if:
- The landlord has a legitimate business reason for doing so, such as a history of property damage or criminal activity by Section 8 tenants.
- The landlord’s property is not suitable for Section 8 tenants, such as a property that is too small or does not have the necessary amenities.
- The landlord is participating in a government program that prohibits discrimination against Section 8 tenants, such as the Low Income Housing Tax Credit program.
If a landlord refuses to rent to a Section 8 tenant, the tenant may file a complaint with the California Department of Fair Employment and Housing (DFEH). The DFEH will investigate the complaint and may take action against the landlord, such as issuing a cease-and-desist order or imposing civil penalties.
The California Fair Housing Act (CFHA) is the primary law that protects tenants from discrimination. The CFHA prohibits discrimination based on race, color, religion, national origin, ancestry, sex, marital status, disability, familial status, source of income, and age.
The CFHA also includes a provision that specifically prohibits discrimination against Section 8 tenants. This provision states that it is unlawful for a landlord to:
- Refuse to rent or lease a dwelling to a person because the person is a recipient of Section 8 assistance.
- Discriminate against a person in the terms, conditions, or privileges of a rental or lease because the person is a recipient of Section 8 assistance.
- Make, print, or publish, or cause to be made, printed, or published any statement, advertisement, or sign that indicates that a dwelling is not available for rent or lease to a person because the person is a recipient of Section 8 assistance.
The CFHA provides several remedies for tenants who have been discriminated against, including:
- Compensatory damages for actual losses, such as moving expenses and rent payments.
- Punitive damages to punish the landlord for their discriminatory conduct.
- Injunctive relief to stop the landlord from繼續 discriminating against tenants.
California Fair Housing Laws Law Prohibited Discrimination Remedies for Discrimination California Fair Housing Act (CFHA) Race, color, religion, national origin, ancestry, sex, marital status, disability, familial status, source of income, and age Compensatory damages, punitive damages, and injunctive relief California State Law
California state law protects tenants from housing discrimination based on source of income. This means that landlords in California cannot refuse to rent to someone because they receive Section 8 housing assistance.
Local Ordinances and Policies
In addition to state law, some cities and counties in California have local ordinances and policies that provide additional protections for tenants who receive Section 8 housing assistance.
- San Francisco: The city of San Francisco has a Fair Chance Ordinance that prohibits landlords from discriminating against tenants based on source of income. This ordinance requires landlords to consider all applications for housing, regardless of whether the applicant receives Section 8 housing assistance.
- Los Angeles: The city of Los Angeles has a Fair Housing Ordinance that prohibits landlords from discriminating against tenants based on source of income. This ordinance also requires landlords to provide reasonable accommodations for tenants with disabilities who receive Section 8 housing assistance.
- Oakland: The city of Oakland has a Fair Housing Ordinance similar to the ones in San Francisco and Los Angeles. This ordinance prohibits landlords from discriminating against tenants based on source of income and requires them to provide reasonable accommodations for tenants with disabilities who receive Section 8 housing assistance.
Consequences of Refusing to Rent to a Section 8 Tenant
Landlords who refuse to rent to a Section 8 tenant may face legal consequences, including:
- Fines: Landlords who violate the state’s Fair Housing Law may be fined up to $10,000.
- Lawsuits: Tenants who are discriminated against based on their source of income can sue their landlords. Landlords who are found liable for discrimination may be ordered to pay damages to the tenant, as well as attorneys’ fees.
- Loss of Business: Landlords who refuse to rent to Section 8 tenants may lose business, as many Section 8 tenants are good tenants who pay their rent on time and take care of their homes.
Conclusion
Landlords in California cannot refuse to rent to Section 8 tenants. There are laws and ordinances in place to protect tenants from discrimination based on their source of income. Landlords who violate these laws may face legal consequences, including fines, lawsuits, and loss of business.
Section 8 Housing Discrimination
If you believe that you have been discriminated against by a landlord because you receive Section 8 housing assistance, you can file a complaint with the Fair Employment and Housing Commission (FEHC). The FEHC is a state agency that investigates complaints of housing discrimination.
Organization Website Phone Number California Department of Fair Employment and Housing (DFEH) https://www.dfeh.ca.gov/ (800) 884-1684 Fair Housing Council of Orange County https://www.fhcoc.org/ (714) 741-5200 Housing Rights Center https://www.housingrightscenter.org/ (213) 413-4410 Private Landlord Rights and Responsibilities
In California, private landlords have the right to refuse to rent to Section 8 voucher holders. However, there are some exceptions to this rule. Landlords cannot discriminate against Section 8 voucher holders based on their race, color, religion, national origin, sex, familial status, or disability.
Landlords also have the right to set their own rental rates and terms. However, they cannot charge Section 8 voucher holders more than they would charge other tenants. Landlords must also comply with all applicable laws, including the Fair Housing Act and the California Fair Employment and Housing Act.
In addition to the rights and responsibilities listed above, private landlords also have the following rights and responsibilities:
- The right to screen tenants.
- The right to evict tenants for cause.
- The responsibility to provide a safe and habitable living environment.
- The responsibility to comply with all applicable laws.
Section 8 voucher holders also have certain rights and responsibilities. These include the right to:
- Fair and equal treatment from landlords.
- A safe and habitable living environment.
- To be free from discrimination.
Section 8 voucher holders also have the responsibility to:
- Pay their rent on time.
- Comply with the terms of their lease.
- Take care of their unit.
Landlord Rights Landlord Responsibilities Screen tenants Provide a safe and habitable living environment Set rental rates and terms Comply with all applicable laws Evict tenants for cause Section 8 Voucher Holder Rights Section 8 Voucher Holder Responsibilities Fair and equal treatment from landlords Pay rent on time A safe and habitable living environment Comply with the terms of their lease To be free from discrimination Take care of their unit Wrapping up, California landlords are legally permitted to deny housing to Section 8 voucher holders, but they must have a legitimate reason to do so. If you’re applying for Section 8 housing and face a refusal, don’t be disheartened. Various resources and organizations are available to assist you with the process. Remember, housing is a fundamental human right, and everyone deserves a safe and stable place to call home. Thanks for reading, and be sure to visit again for more informative and insightful articles!