California Landlord May Not Evict for Tenant Immigration Status

The California Code of Civil Procedure, Chapter 4, Section 1161.3 states that a landlord shall not cause a tenant or occupant to quit involuntarily or bring an action to recover possession because of the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant, unless the landlord is complying with any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant.

Tenant Defense Against Eviction

In an unlawful detainer action, a tenant or occupant may raise, as an affirmative defense, that the landlord violated this section. It is a rebuttable presumption that a tenant or occupant has established an affirmative defense under this section in an unlawful detainer action if the landlord did both of the following:

• Approved the tenant or occupant to take possession of the unit before filing the unlawful detainer action.
• Included in the unlawful detainer action a claim based on one of the following:
  1. The failure at any time of a previously approved tenant or occupant to provide a valid social security number.
  2. The failure at any time of a previously approved tenant or occupant to provide information required to obtain a consumer credit report under Section 1785.11 of the Civil Code.
  3. The failure at any time of a previously approved tenant or occupant to provide a form of identification deemed acceptable by the landlord.

Identification for Federal Program or Court Order

This section does not create a rebuttable presumption that a tenant or occupant has established an affirmative defense under this section if a landlord has requested the a form of identification for the purpose of complying with any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant, or any other federal law, or a subpoena, warrant, or other order issued by a court.

Note: For purposes of this section, “immigration or citizenship status” includes a perception that the person has a particular immigration status or citizenship status, or that the person is associated with a person who has, or is perceived to have, a particular immigration status or citizenship status.

Added by Stats. 2017, Ch. 489, Sec. 8. (AB 291) Effective January 1, 2018.

Return to California Landlord-Tenant Laws.