US-CaliforniaCan my landlord refuse to rent to me because of my race or religion?
No, in California, landlords generally cannot refuse to rent to you because you have children — it's illegal discrimination under state and federal fair housing laws.
What the Law Says
California law, like federal law, prohibits housing discrimination based on familial status — including having children under 18, being pregnant, or securing custody of a minor.
The Federal Fair Housing Act (FHA) and California’s Fair Employment and Housing Act (FEHA) both protect families with children from rental discrimination. Landlords cannot refuse to rent, set different terms, or falsely claim units are unavailable because an applicant has kids.
FEHA defines 'familial status' as having one or more individuals under 18 living with a parent, legal custodian, or designated caregiver — including foster children and those in adoption or custody proceedings.
There are very narrow exceptions: housing designated for seniors (62+ or 55+ under HUD rules) may lawfully exclude children, but these must meet strict statutory requirements and be properly registered.
Statutory TextIt shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of ... familial status.
— Fair Housing Act, 42 U.S.C. § 3605(a)
Statutory TextIt is unlawful for any person to discriminate against any person in housing accommodations on the basis of ... familial status ... 'Familial status' means one or more individuals under the age of 18 residing with a parent or with another person having custody or with the designee of such parent or other person having custody, with the written permission of such parent or other person.
— Cal. Gov. Code § 12955(a), (m)
What Courts Have Said
California courts and federal courts have consistently held that denying housing to families with children violates both FEHA and the FHA — even when landlords use seemingly neutral policies.
The court affirmed that a city ordinance limiting occupancy by number of people — which disproportionately affected families with children — constituted unlawful discrimination under FEHA unless justified by compelling health/safety reasons.
An ALJ found that a landlord’s policy requiring all adult tenants to sign leases — while refusing to add children as occupants — violated the FHA’s prohibition on familial status discrimination.
What to Do
Document everything: Save emails, texts, ads, and notes from conversations where the landlord implies or states children are unwelcome.
File a complaint within 2 years: With the California Civil Rights Department (CRD) at https://calcivilrights.ca.gov or HUD at https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaint.
Request a 'reasonable accommodation' if needed (e.g., for a child’s disability-related need), which landlords must consider unless it causes undue hardship.
Consult a fair housing organization — many offer free counseling and advocacy (e.g., Housing Rights Center, Project Sentinel).
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.