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FEHA and Housing Discrimination: Protecting Against Bias Based on Race, Sex, Disability, and More

Housing discrimination can make finding a safe and affordable place to live feel impossible, especially when it’s based on factors like race, sex, or disability. In California, the Fair Employment and Housing Act (FEHA) provides strong protections against such bias. If you’ve faced discrimination in renting, buying, or financing a home, understanding FEHA can help you fight back. Here’s what you need to know about FEHA’s role in combating housing discrimination.

What Is FEHA?

The Fair Employment and Housing Act (FEHA) is California’s key law prohibiting discrimination in employment and housing. Administered by the Civil Rights Department (CRD), it ensures equal access to housing regardless of protected characteristics. FEHA applies to most housing providers, including landlords, property managers, real estate agents, and homeowners associations.

Protected Classes Under FEHA for Housing

FEHA bans discrimination based on a wide range of protected classes, going beyond federal laws like the Fair Housing Act. These include:

  • Race, Color, Ancestry, and National Origin: Landlords can’t refuse to rent to you because of your ethnic background or skin color.
  • Sex, Gender, Gender Identity, and Gender Expression: This covers discrimination against women, men, transgender individuals, or those who don’t conform to gender stereotypes, including pregnancy-related conditions.
  • Disability (Mental and Physical): Housing providers must make reasonable accommodations for disabilities, such as allowing service animals or modifying units for accessibility.
  • Sexual Orientation: Protection against bias based on being heterosexual, gay, lesbian, bisexual, or otherwise.
  • Religion: No denial of housing due to your faith or religious practices.
  • Marital and Familial Status: Families with children under 18, pregnant individuals, or those seeking custody can’t be discriminated against.
  • Source of Income: Includes refusing tenants who use Section 8 vouchers or other assistance.
  • Age, Medical Condition, Genetic Information, Military/Veteran Status, and More: Additional safeguards for conditions like cancer, HIV/AIDS, or arbitrary traits like immigration status.

Recent updates have also incorporated “intersectionality,” recognizing that discrimination can occur based on combined protected characteristics, like race and gender together.

Examples of Housing Discrimination Under FEHA

Discrimination can be overt or subtle. Common violations include:

  • Refusing to rent or sell based on a protected class.
  • Setting different terms, like higher rent for families with children.
  • Harassing tenants (e.g., sexual harassment by a landlord).
  • Failing to provide reasonable accommodations for disabilities, such as denying a ramp installation.
  • Steering buyers to certain neighborhoods based on race.

4 Steps to Take If You’ve Faced Housing Discrimination

If you suspect discrimination:

  1. Document Everything: Keep records of conversations, emails, applications, and any evidence of bias.
  2. File a Complaint: Contact the California Civil Rights Department (CRD) within one year of the incident for housing issues. They can investigate and mediate.
  3. Seek Legal Help: An attorney can help file a lawsuit if needed, potentially recovering damages for emotional distress, lost opportunities, or punitive awards.
  4. Know Your Timeline: FEHA claims have statutes of limitations—act quickly to preserve your rights.

Why FEHA Matters in 2025

With ongoing updates, like strengthened protections against intersectional discrimination, FEHA continues to evolve to address modern biases. If you’re a victim, you’re not alone—resources are available to help you secure fair housing.

Let Us Advocate for You

Facing housing discrimination under FEHA can be stressful, but you have rights. Our team specializes in civil rights and housing law, providing dedicated legal support to protect tenants and homeowners from unfair treatment. We understand how difficult these situations can be and are committed to fighting for equality, dignity, and justice. Contact us today for a free consultation to discuss your case, learn about your legal options, and pursue the justice you deserve. Our attorneys will listen to your story, explain your rights under California law, and help you take the next step toward fair and lawful housing opportunities.