Skip to main content
CityRuleLookup

Santa Clara County, CA Rental Property Rules: Source-of-Income Discrimination (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

City-specific rules exist: San Jose has its own source-of-income discrimination rules that differ from Santa Clara County's county-level regulations. If you live in San Jose, check the city-specific page instead.

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.

Source: California Gov. Code §12955 (Source of Income)View official code

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?
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.

Sources & Official References

Other rules in Santa Clara County

All Santa Clara County rules

California rules heatmap·Compare Santa Clara County to another location·View the California rental property rules overview

Get notified when Source-of-Income Discrimination in Santa Clara County, CA changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Source-of-Income Discrimination in Cities Across Santa Clara County