When you hold a Housing Choice Voucher Program (often called “Section 8”) in California, you have protection under state law against discrimination. Since January 1 2020, the state has prohibited rental housing providers from rejecting tenants based solely on their use of a housing voucher or other subsidy.
In this article you will learn how the law works in California, what counts as discrimination, real-world impacts and statistics, your options if you face discrimination, and practical steps you can take as a tenant or landlord.
What is Section 8 and why it matters
The Housing Choice Voucher Program is a federal initiative that helps eligible low-income individuals, seniors, and people with disabilities afford rental housing in the private market. A local housing authority issues vouchers, and the tenant typically pays about 30 % of their adjusted income toward rent while the voucher covers the rest.
In California, the issue matters because while the voucher system is designed to expand housing opportunities, many voucher-holders face obstacles locating housing—not because they can’t pay, but because some landlords refuse to accept vouchers or impose harsher criteria on voucher-holders.
State law protection: Source of income discrimination
Under California’s Senate Bill 329 (also known as the Housing Opportunities Act of 2019) and the Fair Employment and Housing Act (FEHA), landlords cannot discriminate against tenants based on the source of their income. That means if you receive a housing subsidy—such as a voucher—you cannot be denied housing simply for using that voucher. This law took effect for most situations on January 1 2020.
Specifically, the law prohibits housing providers from:
• Advertising “No Section 8” or “No Vouchers.”
• Refusing to rent to someone because their income comes from a housing voucher program.
• Applying stricter screening or higher deposit demands just because a tenant uses a voucher.
Identifying discrimination in practice
It’s one thing to have a law. It’s another to see how discrimination plays out. Recent investigations in California show troubling trends. For example, a testing program in Southern California found that more than half of rental housing providers steered voucher-holders away, offered worse terms, or simply refused them. While 45 % of outright refusals were recorded in some regions, many cases involved subtle unfair treatment rather than explicit “no vouchers” statements.
Common examples include: a rental listing that accepts all applicants but then claims “unit just rented” when a voucher-holder enquires; a landlord that states the income requirement is “3× the rent” based on full rent instead of the portion the tenant pays; or deposit requirements that apply only to voucher-holders.
Why discrimination still happens
Despite the law, voucher discrimination persists. Some reasons landlords give include perceived bureaucratic burdens (inspection schedules, program paperwork), concerns about slower payments, or assumptions (accurate or not) about voucher-holders’ behaviour. In other cases, landlords simply ignore or misinterpret the law, or advertise “No Section 8” out of habit.
For tenants, the result is significant. While you may qualify for rental housing, you may still struggle to find landlords willing to accept your voucher, which prolongs housing searches and contributes to instability.
Statistical snapshot
- Upward of 70 % of landlords in some Los Angeles County tests turned away voucher-holders explicitly or implicitly.
• In a statewide investigation, over 200 landlords and real-estate firms were named in complaints for violating California’s voucher-discrimination protections.
• California remains one of the leading states in applying “source of income” protections—but enforcement and awareness still lag.
Your rights as a tenant with Section 8 in California
If you have a voucher or anticipate receiving one, here is what you should know:
- You cannot be refused housing simply because your income comes from a voucher program.
- Any screening criteria a landlord uses must be applied equally to all applicants, voucher-holders and non-voucher-holders alike.
- If a landlord applies an income requirement, they must base it on your tenant-responsible portion of rent, not the total contract rent. For example, if rent is $1,800 and your portion is $600, the income requirement must reflect the $600 portion.
- You may file a complaint with the California Civil Rights Department or seek legal help if you believe you’ve been discriminated against.
- Keep records of conversations, ads, applications, and any communications where you were denied and can show voucher status played a role.
Your responsibilities as a landlord or housing provider
If you rent property in California—and especially if you intend to accept voucher-holders—here are key obligations:
• Don’t advertise “No Section 8” or “No Vouchers.”
• Ensure your screening criteria are the same for voucher and non-voucher applicants.
• If you set income standards, apply them based on the tenant’s portion, not the full contract rent.
• Be responsive to voucher-holder applications, complete inspection and tenancy approval paperwork in good faith.
• Understand that refusing to accept a voucher solely because of its source may lead to legal liability, including complaints, investigations, and potential settlement or damages.
Common pitfalls and how to avoid them
A frequent mistake is applying a standard like “income must be 2.5× the full rent” uniformly—and then denying a voucher-holder who meets it when recalculated correctly. That is a form of discrimination when it applies only to voucher-holders or when the calculation doesn’t reflect their actual obligation. Another pitfall: assuming it’s optional to accept vouchers. While landlords are not forced to participate in the voucher program, if they accept voucher-holders they cannot treat them differently because of their voucher status.
Steps to take if you face discrimination
If you believe you have experienced housing discrimination because you use a voucher, here is a suggested course of action:
• Document the incident: note the date, time, name of the landlord or manager, any ad or communication that referenced “No Section 8,” and how you responded.
• Contact your voucher-issuing housing authority and ask them for assistance or confirmation of your rights.
• File a complaint with the California Civil Rights Department (or local fair housing agency) giving full details.
• Consider consulting a fair housing attorney who has experience with “source of income” cases. Legal services may help you understand your rights and any remedies such as damages or housing placement.
Why enforcement remains critical
Even though California has strong statutory protections, enforcement determines real change. The investigations showing high denial rates demonstrate that laws alone don’t guarantee compliance. For voucher-holders, the challenge remains locating willing landlords. For the state and local agencies, the task is ensuring fair housing laws reach beyond statute into everyday leasing practices.
Key takeaways for you
- If you participate in the Section 8 voucher program, you have explicit rights against discrimination by rental housing providers in California.
• Landlords cannot legally impose “No vouchers” rules or apply stricter standards simply because your income comes partly from a voucher.
• You should actively assert your rights, document any potential discrimination, and not accept a blanket refusal without questioning whether it respects the law.
• Landlords should update their practices and leasing policies to ensure fairness and avoid legal exposure.
• Awareness, documentation, and willingness to act are your tools to hold housing providers accountable.
Conclusion
In conclusion, while California has made clear that using a housing voucher cannot alone justify denial of rental housing, the real-world gap between law and practice remains significant. If you use a voucher or are seeking rental housing with one, remember your rights, keep records, and act if those rights are ignored.
If you’re a landlord, apply consistent rules, evaluate voucher-holders fairly, and avoid discriminatory language or practices. That approach promotes fairness and helps ensure the voucher program fulfills its purpose of expanding housing opportunities.