US-CaliforniaDoes FEHA protect me from discrimination based on source of income?
No, the California Fair Employment and Housing Act (FEHA) does not protect against discrimination based on source of income.
What the Law Says
The Fair Employment and Housing Act (FEHA) explicitly lists protected characteristics—but 'source of income' is not among them. Protection against source-of-income discrimination in housing comes from a different law: the Unruh Civil Rights Act, as amended by Assembly Bill 448 (2023).
FEHA prohibits discrimination in employment and housing based on specific traits like race, religion, disability, sex, sexual orientation, gender identity, age (40+), and others—but source of income is absent from that list.
California Government Code § 12955 defines unlawful housing discrimination under FEHA and enumerates protected classes. It includes ancestry, color, disability, familial status, gender, gender expression, gender identity, genetic information, marital status, national origin, race, religion, sex, and sexual orientation—but no mention of source of income.
In contrast, the Unruh Civil Rights Act (Civil Code § 51) was amended effective January 1, 2023, to expressly prohibit housing providers from discriminating based on 'source of income', including housing vouchers, Social Security, pensions, or other lawful income.
Statutory TextIt shall be unlawful for any person or group of persons to discriminate against any person in the sale or rental of housing… on the basis of… ancestry, color, disability, familial status, gender, gender expression, gender identity, genetic information, marital status, national origin, race, religion, sex, or sexual orientation.
— Gov. Code § 12955(a) — Unlawful housing practices
Statutory TextAll persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.
— Civ. Code § 51(b) — Unruh Act
What Courts Have Said
Courts have consistently held that FEHA does not extend to source-of-income discrimination—and that such claims must rely on other statutes, primarily the Unruh Act.
Confirmed that Unruh Act protections apply to housing providers and may cover source-of-income discrimination where tied to arbitrary exclusion; later codified by AB 448.
Rejected FEHA claim based on source of income, stating 'FEHA contains no provision prohibiting discrimination on that basis' and directed plaintiff to Unruh Act remedies instead.
What to Do
If denied housing due to source of income (e.g., voucher, SSI, pension), file a complaint under the Unruh Civil Rights Act (Civ. Code § 51), not FEHA.
Contact the California Civil Rights Department (CRD) or a fair housing organization—they can help determine whether your situation falls under Unruh or local ordinances.
Document all communications with the landlord or housing provider, including denials referencing your income source.
Note: Some California cities (e.g., Los Angeles, Oakland, San Francisco) have stronger local laws banning source-of-income discrimination—check your municipal code.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.