Santa Clara County, CA Rental Property Rules: Source-of-Income Discrimination (2026)
Key Facts
- State law
- Cal. Gov. Code §12955
- Voucher protection
- SB-329 (effective 2020)
- Veteran benefits
- Protected by SB-222 (2020)
- Enforcer
- California Civil Rights Department
- Income test
- Apply to tenant share only
Summary
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.
It shall be unlawful: (a) For the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information of that person. (b) For the owner of any housing accommodation to make or to cause to be made any written or oral inquiry concerning the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, disability, veteran or military status, or genetic information of any person seeking to purchase, rent, or lease any housing accommodation.
Full Breakdown
California's Fair Employment and Housing Act, at Government Code §12955, makes it unlawful for a landlord anywhere in the state to refuse rental, advertise discriminatory preferences, or apply different terms based on a tenant's lawful source of income. SB-329 (2019, effective 2020) confirmed federal Section 8 Housing Choice Vouchers and other rental assistance qualify as protected income. SB-222 (2020) extended the same protection to veterans' housing benefits. Santa Clara County does not run its own fair-housing investigative agency; tenants in unincorporated areas file with the California Civil Rights Department (CRD) or pursue private suit. Landlords may apply credit, reference, and rental-history standards but only against the tenant's portion of rent.
Violations & Fines
Discriminatory ads or rental refusals expose landlords to CRD penalties of up to $25,000 for a first offense and tenant suits for actual damages, statutory damages, attorney fees, and punitive damages.
Frequently Asked Questions
Can a Santa Clara landlord post "no Section 8" in an ad?
How is income screening allowed to work?
Sources & Official References
Other rules in Santa Clara County
California rules heatmap·Compare Santa Clara County to another location·View the California rental property rules overview
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