San Diego, CA Rental Property Rules: Source-of-Income Discrimination (2026)
Key Facts
- State statute
- Cal. Gov Code §12955
- Vouchers covered
- Yes (SB-329, 2019)
- Local body
- SD Human Relations Commission
- Local code
- SDMC §26.0901
- First-violation penalty
- Up to $25,000
Summary
California Government Code §12955, amended by SB-329 in 2019, prohibits housing discrimination based on lawful source of income, including Section 8 vouchers. The San Diego Human Relations Commission supports complaints alongside state DFEH enforcement.
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. (c) For any person to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a housing accommodation that indicates any preference, limitation, or discrimination based on 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 or an intention to make that preference, limitation, or discrimination.
Full Breakdown
Under California Government Code §12955(p), it is unlawful for housing providers to refuse rental, charge different terms, or use marketing language excluding tenants based on the source of lawful income, including federal, state, or local housing subsidies and Section 8 Housing Choice Vouchers. SB-329 (2019) expressly added voucher recipients to the protected definition. The California Civil Rights Department (formerly DFEH) enforces statewide. The San Diego Human Relations Commission, established by SDMC §26.0901, accepts community complaints, conducts mediation, and refers cases to state and federal agencies. HUD Fair Housing rules supplement enforcement for federally subsidized properties.
Violations & Fines
Civil Rights Department enforcement can yield civil penalties up to $25,000 per first violation, plus actual damages and attorney fees. HUD complaints may add federal penalties for federally subsidized housing.
Frequently Asked Questions
Can a San Diego landlord post 'no Section 8'?
Are mom-and-pop landlords exempt?
Sources & Official References
Other rules in San Diego
California rules heatmap·Compare San Diego to another location·View the California rental property rules overview
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