Berkeley vs Oakland
How do source-of-income discrimination rules compare between Berkeley, CA and Oakland, CA?
Berkeley and Oakland have similar restriction levels.
Berkeley, CA
Alameda County
Berkeley bans landlord refusal to consider Section 8 vouchers and other lawful income sources, layered on California SB 329 protections and enforced by the Rent Board and civil courts.
View full Berkeley rules →Oakland, CA
Alameda County
California Government Code Section 12955 prohibits housing discrimination based on lawful source of income, including Section 8 Housing Choice Vouchers, since 2020 amendments by SB 329, and Oakland Fair Housing rules add local enforcement.
View full Oakland rules →Key Facts Comparison
| Fact | Berkeley | Oakland |
|---|---|---|
| State law | SB 329 (2020) | - |
| Local code | BMC 13.31 | - |
| State penalty | Up to 25,000 dollars | - |
| Income counting | Voucher included | - |
| Statute | - | Cal. Gov. Code 12955 |
| Amendment | - | SB 329, effective 2020 |
| Enforcer | - | CA Civil Rights Department |
| Covers | - | Section 8 vouchers, all lawful income |
Highlighted rows indicate differences between cities.
Berkeley FAQ
Can I require 3x income excluding vouchers?
No. The voucher portion counts toward income. Apply the income ratio only to the tenant's share of rent after voucher subsidy.
Where do I report violations?
File with California Civil Rights Department, Berkeley Rent Stabilization Board, or directly in civil court for the strongest remedy combination.
Oakland FAQ
Can a landlord still apply income screening?
Yes, but they must apply the same standards to voucher and non-voucher applicants, counting voucher portions toward income. They cannot demand the tenant alone meet the full rent income test.
Where do I file a complaint?
Tenants may file with the California Civil Rights Department, federal HUD, or sue in superior court. Oakland fair housing partners can help connect tenants with no-cost legal services.
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