What Can't You Say in a Rental Listing or Ask an Applicant in California in 2026?

Published July 15, 2026

Federal and California fair housing law ban phrases like no kids, and California also bars asking about source of income or immigration status.

Federal law bans listing language that signals a preference based on race, color, religion, sex, disability, familial status, or national origin, under 42 U.S.C. section 3604(c). California goes further: Government Code section 12955 also bans ads that signal a preference based on source of income, and separate Civil Code sections bar landlords from asking about, or threatening to disclose, a tenant's immigration or citizenship status. Phrases like "no kids," "young professionals," or "no Section 8" can all expose an owner to a fair housing complaint.

The federal floor: 42 U.S.C. section 3604(c)

The Fair Housing Act makes it unlawful to "make, print, or publish" any notice, statement, or advertisement for a rental that indicates a preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin, or an intent to discriminate on those grounds. This is why "no kids" and "young professionals" are two of the most common violations we see in casual listing copy. "No kids" directly signals a familial status preference. "Young professionals" implies an age and family status preference even without naming children, and HUD and fair housing groups treat coded phrases the same as explicit ones.

California adds source of income

Government Code section 12955 extends California's Fair Employment and Housing Act protections to source of income, which by statute includes lawful income from a federal, state, or local housing subsidy, including a Section 8 Housing Choice Voucher. Section 12955(c) bans any notice, statement, or advertisement that indicates a preference or limitation based on source of income, the same way section 3604(c) bans it for the federal protected classes. Section 12955(a) and (b) go further and bar refusing to rent, or asking about, a person's income source during screening. Practically, that means a listing cannot say "no vouchers," and an application cannot ask an applicant to disclose whether their income includes a subsidy in a way meant to screen them out.

Immigration and citizenship status

Civil Code section 1940.3(b) prohibits a landlord or their agent from making any inquiry regarding a tenant's, prospective tenant's, or occupant's immigration or citizenship status, from requiring disclosure of that status, or from using that information to harass, intimidate, retaliate against, or pressure someone to leave. A separate provision, Civil Code section 1940.2, makes it unlawful to threaten to disclose a tenant's immigration status in order to influence them to vacate; a tenant who prevails can recover a civil penalty of up to $2,000 per violation. Actually disclosing a tenant's immigration status to immigration authorities for those purposes falls under Civil Code section 1940.35, which carries statutory damages of six to twelve times the tenant's monthly rent, plus attorney fees. The only carve-out is when a landlord must verify status because federal law actually requires it, which is not the same as simply preferring to ask.

What this looks like in practice

A few real patterns to watch for:

• Listing copy. Skip "perfect for a single professional," "no kids," "mature tenant preferred," and "no vouchers/no Section 8." Describe the unit, not the ideal tenant.
• Screening questions. Ask about income and ability to pay rent, not the source of that income. A qualifying voucher, disability income, or child support payment cannot be treated as a reason to reject an otherwise qualified applicant.
• Application forms and ID checks. Verifying identity for a lease is normal. Asking about immigration or citizenship status, or requiring a specific type of government ID tied to citizenship, is not.
• Verbal conversations. Fair housing complaints often come from what an agent or manager said on a phone call or showing, not just what was printed. The same rules apply out loud.

What this means for you

The safest listing describes the property: bedrooms, bathrooms, square footage, amenities, rent, and lawful screening criteria like credit, income to rent ratio, and rental history. Keep screening criteria in writing and apply them the same way to every applicant, so if a complaint ever comes in, you can show the same standard was used across the board.

If you would rather have someone else write and screen every listing against current fair housing rules, that is what we do at Schofield.

This is general information, not legal or tax advice. Confirm with a licensed professional before you act.

Sources

1. 42 U.S.C. section 3604(c), Fair Housing Act: https://www.law.cornell.edu/uscode/text/42/3604
2. California Government Code section 12955, Fair Employment and Housing Act housing provisions: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=12955.&lawCode=GOV
3. California Civil Code section 1940.3, prohibited inquiries into immigration/citizenship status: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1940.3.&lawCode=CIV
4. California Civil Code section 1940.2, threats to disclose immigration status: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1940.2.&lawCode=CIV
5. California Civil Code section 1940.35, disclosure of immigration status to immigration authorities: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1940.35.&lawCode=CIV
6. California Civil Rights Department, Fair Housing and Source of Income FAQ: https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2020/02/SourceofIncomeFAQ_ENG.pdf
7. HUD, Fair Housing Act overview and advertising guidance: https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview

Last verified: July 2026.

Topics: compliance, fair housing, listing language, tenant screening, source of income

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