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.
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.
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.
See how San Jose's source-of-income discrimination rules stack up against other locations.
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