In Marin County, it is illegal to discriminate against someone receiving third-party assistance to help pay for housing costs (Marin County Municipal Code Chapter 5.53). These sources include Housing Choice Vouchers (Section 8), homeless assistance, rental assistance, security deposit assistance programs, and other types of housing subsidies.
Under Source of Income Protection, it is considered unlawful when a landlord or property owner:
- Discriminates against or treats a subsidy recipient differently
- Advertises housing opportunities excluding people receiving third-party assistance
- Requires a higher deposit based on a tenant's source of income
Landlords may still screen rental applicants based on their references, rental, and credit history, so long as the same selection criteria are applied equally to all applicants, regardless of their source of income.
This local ordinance has been in effect since 2017 and applies to all properties located in the unincorporated Marin County areas. These same protections apply throughout the State of California. More information is available below.
Other jurisdictions that have passed similar local source of income ordinances include the Town of Fairfax, the City of San Rafael, the City of Novato, and the Town of San Anselmo.
State Law (SB 329)
SB 329 (the Housing Opportunities Act of 2019) became a California State law on January 1, 2020. SB 329 amends the existing Fair Employment and Housing Act to clarify that housing vouchers, including but not limited to Housing Choice Vouchers (Section 8) and Veterans Affairs Supportive Housing (VASH), are included within California's prohibition on discrimination based on the source of income or income from rental assistance programs.
SB 329 redefines sources of income received from federal, state, or local public or housing assistance programs, paid directly to a tenant, landlord, or housing owner as lawful verifiable income. Landlords cannot advertise income preferences, discriminate or treat tenants or potential tenants differently based on their source of income used to pay rent.
Landlords with questions regarding the Housing Choice Voucher (Section 8) program should contact the Marin Housing Authority for more information.