Source-of-Income Discrimination: San Jose vs Santa Clara
How do source-of-income discrimination rules compare between San Jose, CA and Santa Clara, CA?
San Jose and Santa Clara have similar restriction levels.
San Jose, CA
Santa Clara County
California Government Code 12955 bans landlord discrimination based on a tenant's lawful source of income, including Section 8 vouchers and other government rental assistance. San Jose enforces these protections through state agencies and its rental rights program.
View full San Jose rules →Santa Clara, CA
Santa Clara County
California Government Code §12955, expanded by SB-329 in 2020, prohibits housing discrimination based on lawful source of income, including Section 8 vouchers. Santa Clara County enforces statewide rules through state CRD; no separate county code exists.
View full Santa Clara rules →Key Facts Comparison
| Fact | San Jose | Santa Clara |
|---|---|---|
| Code | Cal. Gov. Code 12955 | - |
| Vouchers covered | SB-329 and SB-222 (2019) | - |
| Income test | Only on tenant's share | Apply to tenant share only |
| Enforced by | Calif. Civil Rights Department | - |
| Local intake | SJ Office of Equality Assurance | - |
| State law | - | Cal. Gov. Code §12955 |
| Voucher protection | - | SB-329 (effective 2020) |
| Veteran benefits | - | Protected by SB-222 (2020) |
| Enforcer | - | California Civil Rights Department |
Highlighted rows indicate differences between cities.
San Jose FAQ
Can a San Jose landlord refuse Section 8 applicants?
No. Refusing to consider a Section 8 voucher, advertising no-Section-8, or applying different screening criteria to voucher holders all violate California Government Code 12955 as amended by SB-329.
How is income calculated for voucher holders?
Landlords must apply minimum-income or rent-to-income ratios only to the tenant's portion of the rent, not the full contract rent, since the housing authority pays the subsidized portion directly each month.
Santa Clara FAQ
Can a Santa Clara landlord post "no Section 8" in an ad?
No. Government Code §12955 and SB-329 prohibit refusing rental or advertising preferences based on subsidy status. Such postings are direct evidence of discrimination and trigger immediate CRD investigation.
How is income screening allowed to work?
Landlords applying a multiple-of-rent income standard must measure against the tenant's share only, not full contract rent. Standard credit, criminal-history, and reference checks remain permitted within fair-housing limits.
Compare other topics
See how San Jose and Santa Clara compare on other ordinance categories.
Want to add a third city?
Use our full comparison tool to compare up to three cities.
Open Comparison Tool