US-CaliforniaCan I sue my landlord for housing discrimination under FEHA?
Yes, you can sue your landlord for housing discrimination under the California Fair Employment and Housing Act (FEHA), which prohibits discrimination in housing based on protected characteristics like race, disability, or familial status.
What the Law Says
The Fair Employment and Housing Act (FEHA) is California’s primary law prohibiting housing discrimination. It applies to landlords, property managers, real estate agents, and others involved in housing transactions.
FEHA makes it illegal for landlords to refuse to rent, evict, set different terms, or otherwise discriminate against tenants or applicants based on protected characteristics — including race, color, religion, sex, gender identity, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information.
The law covers most residential housing, including apartments, condos, mobile home parks, and shelters — with very limited exceptions (e.g., owner-occupied single-family homes with no more than one rental unit and no use of a broker).
If discrimination occurs, you may file a complaint with the California Civil Rights Department (CRD, formerly DFEH) or sue directly in court — but you must act within strict time limits.
Statutory TextIt shall be unlawful for any person to discriminate against any other person in housing accommodations on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information.
— Gov. Code § 12955(a) — FEHA Housing Discrimination Prohibition
Statutory TextA complaint alleging a violation of this section must be filed with the department within one year after the occurrence of the alleged unlawful practice.
— Gov. Code § 12960(d) — Filing Deadline
What Courts Have Said
California courts have consistently upheld FEHA’s broad protections in housing cases — affirming that even subtle or indirect discrimination violates the law, and that landlords bear responsibility for discriminatory policies or actions by their agents.
The court held that FEHA applies to all aspects of the landlord-tenant relationship, including advertising, application screening, lease terms, and eviction decisions — and that intent to discriminate is not required to prove a violation.
Affirmed that disparate impact — where a neutral policy disproportionately harms a protected group — can support a FEHA housing claim, even without proof of intentional bias.
What to Do
Document everything: save emails, texts, photos, witness names, and notes about discriminatory comments or actions.
File a complaint with the California Civil Rights Department (CRD) within 1 year of the incident — or consult an attorney to file suit directly in superior court.
If filing with CRD, they will investigate and may issue a 'right-to-sue' notice — which you’ll need before filing your own lawsuit.
Consider requesting reasonable accommodations or modifications if your claim involves disability discrimination.
Act quickly: missing the 1-year deadline generally bars your FEHA claim unless narrow exceptions apply.
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.