California Source of Income Protections: Section 8 and VASH

Section 8 and source-of-income protections

California’s SB 329 and SB 222 took effect January 1, 2020. They extended state fair housing protection to housing assistance, including Section 8 Housing Choice and HUD-VASH vouchers, and added military or veteran status protections. For covered housing, a landlord cannot reject an applicant solely because they use that assistance or advertise “No Section 8.” The law requires a fair application process, not automatic approval of every voucher holder. Read SB 329 and SB 222.

What the statewide rule changes

Government Code section 12927 includes lawful, verifiable income paid to a tenant or on the tenant’s behalf, including public assistance and housing subsidies, in “source of income.” Section 12955 prohibits source-of-income discrimination in housing advertising and rental decisions. An owner should remove “No Section 8” or “We do not participate” from listings, including third-party sites, and follow the applicable program’s paperwork and inspection process rather than refusing because the applicant uses a voucher. HUD’s HCV landlord forms guide explains the request for tenancy approval, housing assistance contract, and inspection records; obtain the local housing authority’s current forms.

A financial or income standard tied to rent must be measured against the portion paid by the tenant, not the total contract rent. A subsidy does not need to be treated as wages paid to the applicant to make this calculation. CRD’s source-of-income FAQ explains the tenant-share test with a numerical example.

What screening remains available

Housing providers may apply lawful criteria to applicants who use assistance. But “same criteria” does not mean using a full-rent income test against a tenant who pays only part of the rent. Since January 1, 2024, if the provider plans to check a subsidized applicant’s credit history, it must offer reasonable time to submit lawful, verifiable evidence of ability to pay the tenant share. If supplied, that evidence is considered instead of the credit report. Criminal-history screening has separate California limits; a blanket ban is not a safe substitute for an individualized, lawful decision. CRD’s housing guidance covers those limits.

A useful owner review

Check the live listing language, screening form, rent-share calculation, and application notes together. Confirm that the applicant received the credit-evidence option and that the decision used the evidence actually submitted. For the narrower screening workflow, read our voucher screening guide. Local ordinances may add requirements; use the current rule for the property’s jurisdiction when one applies.