Tenant Rights

Income Source Discrimination

At AJG Law Group, PC, we represent tenants who have been denied housing because of their source of income — including Section 8 housing vouchers, VASH vouchers for veterans, and other lawful housing assistance programs. California law explicitly prohibits this form of discrimination, and landlords who violate it face real legal consequences.

What Is Income Source Discrimination?

The Legal Prohibition

California Government Code §12955, enacted through the Housing Opportunity and More Efficiency Act and California’s Fair Employment and Housing Act (FEHA), prohibits landlords from refusing to rent, sell, or negotiate housing based on a person’s source of income. Source of income includes wages, Social Security, disability payments, alimony, child support, and government housing assistance — including all forms of housing vouchers.

The prohibition applies statewide, covers virtually all residential landlords, and requires no proof of intent. A landlord who posts “no Section 8” has violated the law. A landlord who refuses to process a voucher application has violated the law. A landlord who applies stricter standards to voucher applicants has violated the law. The conduct itself is the violation.

Common Forms of Income Source Discrimination

No Section 8 Listings

Landlords who advertise rental units with language such as “no Section 8,” “no housing vouchers,” “vouchers not accepted,” or any similar statement are in violation from the moment the listing is published. The advertisement itself is the evidence of the violation.

Refusal to Contact the Housing Authority

The Section 8 process requires the landlord to cooperate with the local housing authority — completing required forms, allowing inspections, and entering into a Housing Assistance Payment (HAP) contract. A landlord who refuses to take these steps, or who agrees to do so and then deliberately stalls until the voucher expires, has engaged in unlawful discrimination.

Pretextual Denial

A landlord who claims to have rejected a voucher holder for credit or income reasons while applying a different standard to non-voucher applicants is engaging in pretext. California law prohibits applying more stringent screening criteria — higher credit score requirements, higher income-to-rent ratios, or additional documentation demands — to applicants with housing vouchers than to those without.

Retaliatory Conduct

A landlord who retaliates against a tenant for reporting income source discrimination — by serving an eviction notice, raising rent, or reducing services — has committed a separate statutory violation under Civil Code §1942.5, carrying its own penalties and attorney fee-shifting.

Your Rights Under California Law

California’s FEHA provide strong remedies for income source discrimination. Tenants who have been denied housing because of a housing voucher or other lawful income source may recover:

• Actual damages — including any additional housing costs incurred, moving expenses, and financial losses caused by the discriminatory denial
• Emotional distress damages — the psychological harm and stress of being denied housing on discriminatory grounds is fully compensable under California law
• Statutory penalties — available under FEHA in addition to actual damages
• Punitive damages — when the landlord’s conduct was particularly egregious, willful, or part of a pattern of discrimination
• Attorney fees paid by the landlord — FEHA’s fee-shifting provision means tenants who prevail are not responsible for legal fees

Complaints may be filed concurrently with the California Civil Rights Department (CRD) and/or HUD, in addition to pursuing a civil lawsuit. AJG Law Group, PC pursues every available remedy to correct the violation and obtain maximum recovery for affected tenants.

If a landlord has refused your housing application, refused to process your voucher, or posted a “no Section 8” listing, contact AJG Law Group, PC for a free consultation.