How does California law protect me from being charged a higher rent or security deposit based on my immigration status?
California law strictly prohibits landlords from charging you a higher rent or security deposit based on your immigration or citizenship status. This practice is considered illegal housing discrimination.
Here is how to protect your rights:
Step 1: Gather Evidence
Collect all documents related to the rental. This includes copies of the rental advertisement, any emails or text messages with the landlord discussing rent or deposit amounts, and notes from any phone or in-person conversations. If possible, get a written statement of the rent and deposit terms from the landlord.
Step 2: File a Complaint with the Civil Rights Department (CRD)
You can file a formal housing discrimination complaint with the California Civil Rights Department. You must file this complaint within one year of the discriminatory act. You can file online at calcivilrights.ca.gov or by calling their office. The CRD will investigate your claim at no cost to you.
Step 3: Send a Formal Letter to the Landlord
You may choose to send a certified letter to your landlord stating that charging different rates based on immigration status violates California's Unruh Civil Rights Act and Fair Employment and Housing Act. Demand that they offer you the unit at the standard advertised price. This creates a paper trail and may resolve the issue directly.
Step 4: Contact a Local Fair Housing Organization
Many cities and counties in California have fair housing councils or tenant rights organizations that provide free counseling and assistance. They can help you communicate with the landlord, gather evidence, and file a complaint.
Important details and nuances:
A landlord can ask for information to verify your identity and your ability to pay rent. However, they cannot require you to provide a Social Security Number or specific immigration documents if they do not require them from all applicants. You can use other documents like an Individual Taxpayer Identification Number (ITIN), a foreign passport, and pay stubs. It is also illegal for a landlord to threaten to report you to immigration authorities.
Warnings and limitations:
Strict deadlines apply to legal action. You have one year to file a complaint with the CRD and generally two years to file a private lawsuit for violations of the Unruh Act. Proving discrimination can be challenging, so having strong documentation is crucial.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
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