Fair Housing Compliance Checklist for California Landlords

Fair housing compliance is not a one-time event — it is an ongoing operating practice embedded in every landlord-tenant interaction, from advertising a vacancy to processing a maintenance request. California landlords who are not actively managing fair housing compliance are operating with significant legal exposure.

This checklist is designed as a practical audit tool. Walk through it annually, and revisit the relevant sections when you have a vacancy, receive an accommodation request, or encounter a new applicant situation.

Part 1: Advertising and Marketing Compliance

Vacancy Listings

  • No language in the listing that suggests preference for or exclusion of any protected class (race, color, national origin, religion, sex, familial status, disability, sexual orientation, gender identity, source of income, marital status, immigration status, age)
  • No “no children” language (familial status discrimination)
  • No “no Section 8” or “must have own income” language (source of income discrimination, prohibited in California)
  • No language referencing specific religious institutions in a way that suggests preference (religion)
  • No minimum age requirements other than those legally required (e.g., senior housing meeting the 55+ or 62+ exemptions under FEHA and the Housing for Older Persons Act)
  • Listing specifies objective rental criteria (income, credit, rental history), not personal characteristics
  • All listing platforms where you advertise have been reviewed for discriminatory language

Marketing Materials and Photos

  • Any photos used in marketing materials do not exclusively feature people of a particular race or ethnic background in a way that signals “who lives here”
  • Written marketing materials do not describe the neighborhood using language that could be construed as coded preference for or exclusion of particular populations
  • Fair housing statement included in substantive marketing materials: “Equal Opportunity Housing”

Digital Listings

  • Review all active online listings (Zillow, Craigslist, Apartments.com, Facebook Marketplace) for compliance
  • Ensure any auto-renewal or copy-forward of prior listings does not perpetuate discriminatory language from older listings

Part 2: Application Screening Compliance

Written Screening Criteria

  • You have written, documented screening criteria that you apply uniformly to all applicants
  • Criteria are objective and non-discriminatory: income, credit, rental history, references, criminal background (if used — see below)
  • Criteria are available to share with applicants upon request
  • Criteria have been reviewed for disparate impact (do they disproportionately exclude a protected class without business necessity?)

Income Verification for Voucher Holders

  • You accept Housing Choice Vouchers (Section 8) and other rental subsidies as a source of income (required in California)
  • For voucher holders, your income calculation uses the tenant portion of rent (not total rent), compared to your income-to-rent threshold
    • Example: If a tenant has a voucher covering $1,000 of a $1,300/month rent, the tenant’s portion is $300/month. Your 2.5x requirement means the tenant needs to demonstrate income of $750/month, not $3,250
  • You have established a relationship with the local housing authority and understand the Section 8 lease-up process

Credit Screening

  • You use the same minimum credit score (or credit evaluation methodology) for all applicants
  • Credit exceptions (e.g., medical collections not counted) are applied uniformly
  • You can document the credit threshold you used and that it was applied consistently

Criminal Background Screening

  • If you use criminal background in screening, you have a written policy
  • The policy uses individualized assessment (nature and severity of offense, time elapsed, evidence of rehabilitation, relevance to tenancy) rather than blanket exclusion
  • You have reviewed your policy for disparate impact on protected classes
  • You do not ask about arrests without conviction
  • Juvenile records are not considered
  • You apply the criminal background criteria uniformly to all applicants who reach the background check stage

Application Processing

  • Applications are processed in the order received (no cherry-picking based on applicant characteristics)
  • You document each application received, the date received, and the outcome with reasons
  • Adverse action notices are provided to applicants rejected for credit or rental history reasons (as required under the Fair Credit Reporting Act if you use a consumer report)

Communication with Applicants

  • You respond to all inquiries regardless of perceived applicant characteristics
  • You provide the same information about the unit, availability, and screening criteria to all inquirers
  • You do not steer applicants toward or away from specific units based on their characteristics
  • You make reasonable accommodations in the application process for applicants with disabilities (e.g., alternative communication formats, extended deadline for documentation)

Part 3: Disability Accommodations and Modifications

Reasonable Accommodation Requests

  • You have a process for receiving, documenting, and responding to accommodation requests
  • You respond to accommodation requests in writing
  • You do not require a specific form for accommodation requests (oral requests are valid; requests from the tenant’s representative are valid)
  • For requests where disability or need is not obvious, you request only necessary and limited documentation — not a specific physician, not the specific diagnosis
  • You engage in an interactive process with the tenant when an accommodation requires discussion (rather than unilaterally approving or denying)
  • Denials of accommodation requests are documented with reasons and provide information about alternatives

Assistance Animals

  • You accept assistance animals (service animals and emotional support animals) as a reasonable accommodation even if you have a no-pets policy
  • You do not charge pet deposits for assistance animals
  • For emotional support animals (ESAs), you accept documentation from a licensed healthcare provider — you do not require specific provider types or ESA-specific certifications
  • You do not require an ESA to be trained, certified, or registered
  • You do not ask about the tenant’s specific disability — only whether they have a disability-related need for the animal
  • Breed restrictions and weight limits in your pet policy do not apply to assistance animals (with limited exception for animals posing a direct threat)

Physical Modifications

  • When a tenant with a disability requests a physical modification, you engage in an interactive process
  • You allow modifications that are reasonable and do not fundamentally alter the property
  • You may require that modifications be done with proper permits and in a workmanlike manner
  • You may require, at lease end, restoration of modifications that are reasonable to restore (grab bars in bathrooms may be acceptable to leave; a ramp that alters the entrance approach may require removal)
  • You do not charge for modifications performed by the tenant at tenant expense

Part 4: Occupancy Standards

Setting Occupancy Limits

  • Your occupancy standards are based on objective factors (square footage, bedroom count, building code requirements) — not assumptions about how many people “should” live in a unit
  • Occupancy limits are not set at levels that effectively exclude families with children
  • HUD’s general guidance (2 people per bedroom as a starting point, not a maximum) is a reference, not a cap — occupancy standards should be evaluated against actual unit conditions
  • You do not apply different occupancy standards based on the age or characteristics of the occupants

Lease Requirements

  • Your lease lists named occupants but does not categorically prohibit additional household members without specifying reasonable and non-discriminatory grounds

Part 5: Ongoing Tenancy Compliance

Maintenance and Services

  • Maintenance requests from all tenants are handled with the same priority and responsiveness, regardless of tenant characteristics
  • You do not reduce services, maintenance, or amenities for tenants in a protected class
  • Common areas are maintained consistently for all tenants

Lease Renewal and Rent Increases

  • Decisions about lease renewal and rent increases are based on objective factors (payment history, lease compliance, AB 1482 limits) — not on tenant characteristics
  • You do not offer different lease renewal terms to different tenants based on protected class

Dealing with Tenant Conflict

  • When one tenant complains about another, your response does not favor the complainant based on their characteristics
  • You address lease violations consistently regardless of who is committing them

Retaliation

  • You have not taken any adverse action (eviction, rent increase, reduction in services) against a tenant because they filed a fair housing complaint, cooperated in a fair housing investigation, or exercised rights under California’s tenant protection laws
  • You document the timing and basis for adverse actions to demonstrate they are unrelated to any protected activity

Part 6: Documentation and Recordkeeping

  • You retain rental applications (including those from applicants you rejected) for at least three years
  • You retain lease agreements and all addenda for the duration of tenancy plus three years
  • You retain records of accommodation requests and responses
  • You retain records of maintenance requests and responses
  • You retain advertising copies and any marketing materials used for a vacancy

Part 7: Training and Knowledge Currency

  • You have completed fair housing training within the past two years
  • You can describe California’s protected classes under FEHA from memory
  • You know the name and contact for your local fair housing organization (available for landlord guidance as well as tenant complaints)
  • You have reviewed this checklist within the past 12 months

Resources

  • LeaseBase Housing Foundation Fair Housing Workshops: Education Program
  • California Civil Rights Department: calcivilrights.ca.gov — for guidance and complaint procedures
  • HUD Fair Housing: hud.gov/fairhousing
  • California Fair Housing: Our comprehensive Fair Housing Essentials guide

This checklist reflects California law as of September 2026. Fair housing law and guidance is updated regularly. Always verify current requirements before taking action.