FEHA Fair Housing in California: Gov. Code §12955

TL;DR

California's Fair Employment and Housing Act (FEHA) is the state's principal fair housing statute, with its housing provisions codified at Government Code §12955 and following. Under §12955(a), it is unlawful for the owner of any housing accommodation to discriminate against or harass any person because of 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. Two features matter most for the exam. First, FEHA reaches SOURCE OF INCOME — which includes government rental assistance such as a Section 8 Housing Choice Voucher — so a blanket "no Section 8" policy is a California fair housing violation even though federal law does not list source of income as a protected class. Second, §12955(d) separately prohibits discrimination by any person subject to Civil Code §51 (the Unruh Civil Rights Act) as that section applies to housing accommodations, which links the two statutes rather than making them duplicates. FEHA applies broadly — to landlords, real estate licensees, home sellers, builders, property managers, tenant screening companies, mortgage lenders, and housing authorities — and covers renting, leasing, sales, new construction, lending, insurance, advertising, and restrictive covenants. It also prohibits discriminatory public and private LAND USE practices. Enforcement runs through the California Civil Rights Department (CRD), the agency formerly known as the Department of Fair Employment and Housing (DFEH), rather than HUD. FEHA protects people based on PERCEIVED characteristics and on ASSOCIATION with a protected person, and it prohibits retaliation.

What FEHA is and where it came from

California's modern fair housing law traces to the Rumford Fair Housing Act of 1963, which made it unlawful to discriminate in the sale, rental, leasing, or financing of housing. The Legislature later consolidated the state's antidiscrimination protections into the FAIR EMPLOYMENT AND HOUSING ACT, and FEHA is the governing statute today. Practitioners sometimes still call the housing provisions the "Rumford Act" out of habit, but the operative citations are Government Code §12955 and the sections that follow it.

Most licensees know FEHA as California's workplace discrimination law. Fewer realize that the same statute governs HOUSING, and that it does so with more detail and a longer list of protected characteristics than the federal Fair Housing Act. For a California real estate licensee, FEHA is not a background concept — it directly regulates how you advertise, how you screen, whom you may decline, and what you may say in a listing. For the companion state statute that reaches business establishments generally, see our guide to the Unruh Civil Rights Act.

The protected characteristics under §12955(a)

Section 12955(a) makes it unlawful for the owner of any housing accommodation to discriminate against or harass any person because of that person's 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.

Compare that with the federal Fair Housing Act, which protects race, color, religion, sex, national origin, familial status, and disability. California's list is materially longer. The additions that most often appear on the state exam are SOURCE OF INCOME, MARITAL STATUS, SEXUAL ORIENTATION, GENDER IDENTITY and GENDER EXPRESSION, VETERAN OR MILITARY STATUS, ANCESTRY, and GENETIC INFORMATION. A practice that is lawful under federal law alone can therefore still be unlawful in California.

One caution worth carrying into the exam and into practice: the Civil Rights Department publishes a list of protected characteristics for housing that is BROADER than the §12955(a) statutory list — CRD's public materials also identify age, citizenship, immigration status, and primary language. Those additional protections come from other sources, including the Unruh Civil Rights Act as applied to housing and other provisions of California law, rather than from the §12955(a) enumeration itself. When a question asks what §12955(a) lists, answer from the statute; when a question asks what California fair housing law protects overall, the wider set is the better answer.

Source of income and the Section 8 rule

SOURCE OF INCOME deserves separate treatment because it is the most commonly tested California-specific protection and the most commonly violated in practice. Under FEHA, source of income includes lawful, verifiable income — and it includes government rental assistance such as a Section 8 Housing Choice Voucher paid to a landlord or tenant.

The practical consequence is direct. A blanket "no Section 8" or "no vouchers" policy is unlawful in California. So is an advertisement stating that vouchers are not accepted, and so is a screening rule that functions as a categorical voucher ban. A housing provider may still apply legitimate, uniformly applied financial criteria — but the criteria must be applied to the applicant's overall lawful income, and the voucher portion cannot be excluded from the calculation in a way that manufactures a disqualification. Because real estate licensees draft advertisements and take screening instructions from owners, this is a place where a licensee can create liability for a client and expose their own license.

Who and what FEHA covers

FEHA's housing reach is deliberately broad. It applies to landlords, tenant screening companies, property management companies, REAL ESTATE AGENTS, home sellers, builders, mortgage lenders, housing authorities, and others involved in providing housing or housing-related services.

The covered transactions are equally broad: renting, leasing, sales, new construction, mortgage lending, insurance, municipal services, shelters, ADVERTISING, and restrictive covenants. FEHA also makes it unlawful for a city, county, or any local government agency to make zoning or land-use decisions or adopt policies that discriminate on a protected basis. Section 12955(d) adds a further layer by prohibiting discrimination by any person subject to Civil Code §51 as that section applies to housing accommodations — which is the statutory hook that ties FEHA to the Unruh Civil Rights Act. Restrictive covenants in recorded documents are a recurring issue in common interest developments; for that governance framework, see our guide to the Davis-Stirling Act.

Perception, association, intersectionality, and retaliation

FEHA protects more than a person's actual status. California law protects individuals from discrimination and harassment based on a protected characteristic WHETHER OR NOT the person actually has that characteristic or is merely PERCEIVED to have it. It also protects against discrimination based on more than one, or intersecting, characteristics. And it protects a person from discrimination based on the protected characteristic of a family member, friend, roommate, or any other associate — the ASSOCIATION principle.

Retaliation is separately unlawful. Section 12955 makes it unlawful for an owner of housing accommodations to harass, evict, or otherwise discriminate against a person in the sale or rental of housing when the owner's dominant purpose is retaliation against someone who opposed practices unlawful under the section, reported suspected violations to law enforcement, or testified or assisted in a proceeding. FEHA also carries related protections, including the right to operate a licensed family childcare home in the provider's residence and specific protections for housing applicants with criminal histories.

Enforcement: CRD, not HUD

State fair housing claims in California are enforced by the CALIFORNIA CIVIL RIGHTS DEPARTMENT (CRD) — the agency formerly named the Department of Fair Employment and Housing (DFEH). That name change is worth committing to memory because older study materials and older exam questions still say "DFEH."

The procedural distinction matters. Federal Fair Housing Act complaints are investigated by HUD; California FEHA complaints are filed with and handled by CRD. A complainant may pursue either or, in some circumstances, both. California remedies can also be broader than the federal baseline, potentially including emotional distress damages, punitive damages, and civil penalties. For a licensee, a fair housing violation carries a second layer of exposure: the Real Estate Commissioner may discipline the license independently of any CRD or civil action. For that process, see our guide to the Commissioner's disciplinary process.

Frequently Asked Questions

What characteristics does FEHA protect in housing?

Under Government Code §12955(a), it is unlawful for the owner of a housing accommodation to discriminate against or harass a person because of 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. That list is materially longer than the federal Fair Housing Act's, which covers race, color, religion, sex, national origin, familial status, and disability.

Can a California landlord refuse to accept Section 8 vouchers?

No. SOURCE OF INCOME is a protected characteristic under FEHA, and it includes government rental assistance such as a Section 8 Housing Choice Voucher. A blanket "no Section 8" policy, an advertisement stating vouchers are not accepted, and a screening rule that operates as a categorical voucher ban are all unlawful in California. A housing provider may still apply legitimate, uniformly applied financial criteria, but may not exclude the voucher from the income analysis in order to manufacture a disqualification.

How is FEHA different from the Unruh Civil Rights Act?

They are different statutes that overlap in housing. FEHA (Gov. Code §12955 et seq.) is the dedicated fair employment and housing statute, enforced by the Civil Rights Department. Unruh (Civ. Code §51) prohibits discrimination by BUSINESS ESTABLISHMENTS generally, which includes many housing-related businesses. They are linked rather than duplicative: §12955(d) makes it unlawful for any person subject to Civil Code §51, as that section applies to housing accommodations, to discriminate on the enumerated bases. A single course of conduct can violate both.

Does FEHA apply to real estate agents, or only to landlords?

It applies to real estate agents. FEHA's housing provisions reach landlords, tenant screening companies, property management companies, real estate agents, home sellers, builders, mortgage lenders, and housing authorities. Covered activities include renting, leasing, sales, new construction, mortgage lending, insurance, advertising, and restrictive covenants. Because licensees draft advertising and implement owner screening instructions, a licensee can independently violate FEHA and face license discipline in addition to civil liability.

Does FEHA protect someone who is only perceived to have a protected characteristic?

Yes. California law protects individuals whether or not they actually have the protected characteristic or are merely perceived to have it. FEHA also protects against discrimination based on multiple or intersecting characteristics, and against discrimination based on the protected characteristic of a person's family member, friend, roommate, or other associate. Retaliation against someone who opposed unlawful practices, reported them, or assisted in a proceeding is separately prohibited.

Who enforces California fair housing law?

The California Civil Rights Department (CRD), formerly the Department of Fair Employment and Housing (DFEH). Federal Fair Housing Act complaints go to HUD; California FEHA complaints are filed with and investigated by CRD. Remedies under California law can be broader than the federal baseline and may include emotional distress damages, punitive damages, and civil penalties. A licensee also faces separate exposure to discipline by the Real Estate Commissioner.

Bottom Line

FEHA is California's principal fair housing statute, with housing provisions at Government Code §12955 and following. Section 12955(a) prohibits an owner of a housing accommodation from discriminating against or harassing any person because of 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 — a list materially longer than the federal Fair Housing Act's. The source-of-income protection covers government rental assistance including Section 8 vouchers, making blanket "no Section 8" policies unlawful in California. Section 12955(d) ties FEHA to the Unruh Civil Rights Act for persons subject to Civil Code §51 as it applies to housing. Coverage extends to landlords, real estate licensees, sellers, builders, property managers, screening companies, lenders, and housing authorities, and to renting, leasing, sales, construction, lending, insurance, advertising, restrictive covenants, and discriminatory land use. Protection extends to perceived characteristics, intersecting characteristics, and association, and retaliation is separately barred. Enforcement is through the Civil Rights Department (CRD, formerly DFEH), not HUD — and a licensee faces license discipline on top of civil exposure. Note also that CRD's published list of protected characteristics for housing is broader than the §12955(a) enumeration, drawing on Unruh and other provisions. For related topics, see our guides to the Unruh Civil Rights Act, the Davis-Stirling Act, and the Commissioner's disciplinary process.

Source: California Government Code §12955 — Unlawful Housing Practices (full text) · California Civil Rights Department — Housing Discrimination and Protected Characteristics · Cal. Gov. Code §12955 — annotated text