Can they turn me down for a housing voucher in Berkeley?
No. Vouchers count as income.
Turning you down for a voucher is illegal.
Why, and the exact law
From the California Legislature, read Oct 1, 2026.Show the law
“For the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information of that person …”
State law applies here too. Where both cover a rental, the stricter city rule usually wins; each rule below says so.
California lawIn force
FEHA source-of-income discrimination ban (incl. Section 8 vouchers)
Can they turn me down for a housing voucher?
No. Vouchers count as income.
Turning you down for a voucher is illegal.
Who it covers
Exemptions: Owner occupying a home and renting to one additional person; senior housing.
In force since
Jan 1, 2020
Current version since
Jan 1, 2024
The law, word for word
“For the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information of that person …”
Ronald V. Dellums Fair Chance Access to Housing Ordinance
Can they ask about my criminal record?
No questions about your record.
Berkeley bans criminal-record checks for most rentals.
Depends on the number of units or whether the owner lives in the building.
Who it covers
Not owner-occupied buildings with 3 units or fewer.
Exemptions: Lifetime sex offenders; limited public housing/Section 8 exemptions; owner-occupied 1-3 unit properties; owner move-back units; existing tenants subletting or adding roommates.
In force since
Apr 14, 2020
Enacted
Apr 14, 2020
The law, word for word
“The Fair Chance Access to Housing Ordinance prohibits rental housing providers in Berkeley from asking about and using criminal history and/or criminal background checks in their rental housing advertising, applications, tenant selection process, or decision-making …”