Immigration Status Protections Under California’s Fair Employment and Housing Act (FEHA)

Due to the current climate, the Fair Housing Foundation (FHF) along with other fair housing organizations have seen an increase in complaints alleging that landlords are using tactics to intimidate, harass, and instill fear in residents. Some complaints involve landlords threatening to call Immigration and Customs Enforcement (ICE) if tenants do not move out in an attempt to avoid the legal eviction process.

This behavior persists even though under California’s Fair Employment and Housing Act (FEHA), it is unlawful for housing providers to discriminate against tenants or applicants based on their immigration status. 

 In 2018, California amended FEHA (Government Code § 12955) to explicitly include immigration status as a protected characteristic in housing. This means that landlords, property managers, and housing providers may not:

• Deny housing based on a person’s immigration status.
• Harass or evict a tenant because of their actual or perceived immigration status.
• Retaliate against someone for asserting their fair housing rights related to immigration status.
• Request documentation that is not required of all applicants (e.g., demanding a Social Security Number when other acceptable forms of identification or income verification are available).

While housing providers may verify income or identity, they must do so consistently for all applicants and may not single anyone out based on immigration status or national origin.

These protections are especially critical in communities with mixed-status households or vulnerable immigrant populations. Tenants who believe they have experienced discrimination based on their immigration status, please contact FHF at (800) 446-FAIR (3247), TTY (800) 855-7100 for Deaf or Hard of Hearing, or by email at [email protected].