Californians can send complaints or tips related to housing to housing@doj.ca.gov
OAKLAND — California Attorney General Rob Bonta today issued a consumer alert reminding Californians that it is against the law for landlords to discriminate against tenants, retaliate against tenants, or influence tenants to move out by threatening to disclose a tenant’s immigration status to ICE or law enforcement. Especially as the federal administration carries out its inhumane campaign of mass deportation and creates a culture of fear and mistrust, it is crucial that landlords and tenants understand their obligations and rights under California law.
“Families across the country are experiencing fear and uncertainly as a result of President Trump’s inhumane immigration agenda. Today, I remind landlords that it is illegal in California to discriminate against tenants or to harass or retaliate against a tenant by disclosing their immigration status to law enforcement,” said Attorney General Bonta. “California tenants — no matter their immigration status — have a right to safe housing and to access housing documents in a language they can understand. I will use the full force of my office to go after those who seek to take advantage of California tenants during an already challenging time.”
Housing discrimination is illegal in California. It is illegal for landlords to discriminate against tenants based on race, national origin, sexual orientation, religion, gender identity or expression, disability status, familial status, source of income (including rental assistance such as Section 8 vouchers), veteran status, or certain other protected characteristics (Gov. Code § 12955.)
Private housing providers cannot inquire about a tenant’s or applicant’s citizenship or immigration status and cannot discriminate on the basis of immigration status, citizenship, or primary language. For example, landlords cannot refuse to rent to a potential tenant, say that a rental is not available for rent when it is available, charge a tenant more rent, target a tenant for eviction, or provide a tenant with less favorable rental terms based on these characteristics (Civil Code § 1940.3(b); Gov. Code § 12955(d); Civil Code § 51.)
Landlords are never allowed to harass or retaliate against a tenant by disclosing their immigration status to law enforcement (Civil Code §§ 1940.3(b), 1942.5.) Landlords also cannot threaten to disclose a tenant’s immigration status in order to pressure a tenant to move out. (Civil Code § 1940.2.) In most cases, landlords are not allowed to ask a tenant or potential tenant their immigration or citizenship status.
Tenants have the right to housing documents in a langauge they can understand. Under California law, if a residential lease for longer than one month is negotiated primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean, the landlord must provide the tenant with a written translation of the lease in that language before the lease is signed. (Civil Code § 1632(b).) Later documents making substantial changes to the lease, such as notices of rent increases or fee increases, must also be translated. (Civil Code § 1632(g)(1).)
Landlords who violate these laws may be required to pay tenants for damages, penalties, and attorney’s fees. For example, a landlord who discloses a tenant’s immigration status to any immigration authority may be ordered to pay the tenant statutory damages equal to 6 to 12 times the monthly rent (Civil Code § 1940.35(b).) Tenants have an array of other rights and protections under California law. Some cities and counties also have additional renter protections, including limitations on evictions and rent increases. For more information, please visit https://oag.ca.gov/tenants.
Attorney General Bonta is committed to ensuring the rights of tenants in California are respected. Attorney General Bonta has held landlords accountable for violating California laws in Bakersfield, Marysville, and across California. Last month, Attorney General Bonta sued a group of property management and real estate holding companies owned by Mike Nijjar and members of his family. The Nijjar family and their related companies own and manage over 22,000 rental housing units statewide, primarily in low-income neighborhoods in Los Angeles, Riverside, San Bernardino, and Kern Counties — but also spanning up to Sacramento and San Joaquin Counties. The lawsuit alleges Nijjar’s companies egregiously violated numerous California laws by subjecting tenants to unsafe units, discriminating against applicants with Section 8 housing vouchers, overcharging some tenants for rent, using leases that deceive tenants about their legal rights, and refusing to provide Spanish translations of these leases despite intentionally soliciting Spanish-speaking tenants.
Anyone — including current or former tenants — who has information that might be relevant to this case are encouraged to share their stories with our office by going to oag.ca.gov/report. To learn more about your rights as a tenant, please visit here.
Californians who are facing eviction or believe their landlord has violated their tenant rights should seek legal help immediately. If you cannot afford a lawyer, you may qualify for free or low-cost legal aid. To find a legal aid office near where you live, visit lawhelpca.org and click on the “Find Legal Help” tab. If you do not qualify for legal aid and need help finding a lawyer, visit the California State Bar webpage to find a local certified lawyer referral service, or visit the California Courts’ webpage for tenants facing evictions.