The California Civil Rights Department has released results from fair housing testing conducted in 2024 in Los Angeles and Ventura counties by the Housing Rights Center. The findings, shared April 17, show that 54% of the 54 rental properties tested were found to be out of compliance with California’s fair housing laws as they relate to source of income protections— specifically, the use of housing assistance programs such as Section 8.

While the limited sample size is not representative of the practices of the broader rental housing industry, the California Apartment Association takes these findings seriously and encourages all housing providers to use this as a reminder of the critical importance of complying with fair housing laws.

Under the California Fair Employment and Housing Act, it has been unlawful since 2020 to discriminate against tenants or applicants based on their use of government housing assistance. This includes rejecting applications or advertising units with statements like “No Section 8.” Rental housing providers are still permitted to apply standard screening criteria to all applicants, including those using vouchers. However, adjustments must be made for voucher applicants: Income standards must only consider the tenant’s portion of the rent, and providers must offer an alternative documentation method for applicants in lieu of credit history.

The Civil Rights Department’s report also noted instances of differential treatment based on race, familial status, disability and criminal history. Of particular concern were policies that imposed blanket bans on applicants with any criminal background, regardless of whether the conviction had any relevance to housing suitability. While criminal history itself is not a protected category under the Fair Employment and Housing Act, overly restrictive policies may have a disparate impact on other protected groups and therefore raise fair housing concerns.

In the news release announcing the results, Civil Rights Department Director Kevin Kish stated, “Housing providers should be aware that they could be subject to testing at any time. At the Civil Rights Department, we remain committed to Californians’ fair access to housing and protecting their civil rights.”

CAA recognizes that staying current on legal obligations can be challenging in a constantly evolving regulatory environment. That’s why regularly reviewing rental policies, advertising practices and screening procedures is so important. Routine fair housing training is an essential part of compliance and risk mitigation, especially in light of increased scrutiny from enforcement agencies.

“We understand the vast majority of housing providers want to do the right thing and follow the law,” said Whitney Prout, CAA’s executive vice president of legal affairs. “But as this report illustrates, even well-intentioned operators can inadvertently run afoul of fair housing regulations. Ongoing education and policy review are key.”

CAA offers resources and training opportunities to support members in maintaining compliance and protecting their businesses. Members are encouraged to visit the CAA website for updated guidance and educational materials.