Skip to main content Skip to site search
City of Berkeley

Top Bar

  • Housing Authority
  • Public Library
  • Rent Board
  • School District
City of Berkeley
  • City
    Services
    • Explore city services, report issues online, pay parking tickets

      More about city services

      • Report & Pay
      • Parking
      • Trash & Recycling
      • Getting Around
      • Event Permits & Rentals
      • Livable Neighborhoods
      • Streets, Sidewalks, Sewers, and Utilities
      • Birth & Death Certificates
      • Domestic Partnership
      • Community GIS Portal
      • Current Service Notices
      Report Issues online
      pay parking ticket
      residential parking permits
  • Community &
    Recreation
    • Explore news and events, adopt a pet, visit a city park or pool

      MORE ABOUT COMMUNITY & RECREATION

      • Events
      • News
      • Parks & Recreation
      • Seniors
      • Volunteering
      • Animal Care Services
      • Civic Arts
      • Waterfront
      • Affordable Housing in Berkeley
      • Community Services
      adopt a pet
      visit adventure playground
      reserve swim session
  • Safety &
    Health
    • Get vaccinated for COVID-19, report a crime, access homeless services

      MORE ABOUT SAFETY & HEALTH

      • COVID-19
      • Disaster Preparedness
      • Fire
      • Public Health
      • Police
      • Police Accountability
      • Mental Health
      • Homeless Services
      covid vaccines
      covid testing
      covid data
  • Construction &
    Development
    • Apply for a permit, schedule an inspection, research zoning policies

      MORE ABOUT Construction & Development

      • Permits & Design Parameters
      • Seismic Safety
      • Green Building
      • Land Use & Development
      permit service center
      schedule inspection
      look up zoning
  • Doing
    Business
    • Apply for a business license, get business assistance, find bid & proposal opportunities

      MORE ABOUT Doing Business

      • Economic Development
      • Operating in Berkeley
      • Working with the City
      apply for business license
      get business assistance
      bid to work with the city
  • Your
    Government
    • Attend a City Council or commission meeting, apply for jobs, look up City holidays

      MORE ABOUT Your Government

      • About Us
      • Boards & Commissions
      • City Council
      • Elections
      • Financial Information
      • Jobs
      • Our Work
      • Public Records
      • City Holidays
      • Lobbyist Registration
      • City Audits
      apply for a job
      city council meetings
      boards & commissions
  • Housing Authority
  • Public Library
  • Rent Board
  • School District

You are here

  • Home
  • Doing Business
  • Operating in Berkeley
  • Landlords
  • Fair Access to Housing
Share Print

Fair Access to Housing

Laws protect housing seekers from discrimination based on protected characteristics (such as race or disability) and criminal history.

Laws at the Federal, State, and City level protect people who are looking for housing (whether to rent or buy) from discrimination. Learn more below about the laws around discrimination based on protected characteristics or on criminal history. You can also find reports published by Berkeley and Alameda County about the barriers residents face in finding housing free from discrimination.

Housing discrimination based on protected characteristics is illegal

Federal, State, and City of Berkeley laws prohibit housing discrimination on the basis of protected characteristics, including:

  • Race or color
  • National origin
  • Religion
  • Sex
  • Familial status (families with children)
  • Disability
  • Ancestry 
  • Marital status
  • Sexual orientation 
  • HIV/AIDS status

Landlords, property owners, realtors, and other individuals cannot take any of the actions below based on an applicant’s protected characteristic:

  • Refuse to rent or sell housing
  • Refuse to negotiate for housing
  • Make housing unavailable
  • Set different terms, conditions, or privileges for sale or rental
  • Provide different housing services or facilities
  • Falsely deny that housing is available for inspection, sale or rental
  • For profit, persuade owners to sell or rent (blockbusting)
  • Deny any access to or membership in a facility or service (such as a multiple listing service) related to the sale of housing
  • Refuse to make reasonable accommodations in rules or services if necessary for a disabled person to use the housing
  • Refuse to allow a disabled person to make reasonable accommodations to his/her dwelling
  • Threaten or interfere with anyone making a fair housing complaint
  • Refuse to provide municipal services, property insurance or hazard insurance for dwellings, or providing such services or insurance differently

If you think your rights to fair housing have been violated, you can contact one of the agencies below:

  • Eden Council for Hope and Opportunity
  • U.S. Department of Housing and Urban Development
  • California Department of Fair Employment and Housing

Rental housing providers cannot ask about applicants’ criminal history

Rental housing providers in Berkeley cannot ask about or use criminal history and/or criminal background checks in their rental housing advertising, applications, tenant selection process, or decision-making. Specifically, rental housing providers are not allowed to:

  • Inquire about criminal history 
  • Indicate that persons with criminal backgrounds will not be considered for housing, including in rental advertisements, application materials, or verbally 
  • Refuse to rent or terminate a tenancy based on criminal history 
  • Require disclosure or authorization for release of criminal history 
  • Demand higher security deposit or rental amount based on criminal history 
  • Refuse to allow the addition of an immediate family member based on the family member’s criminal history 
  • Disqualify tenants from rental assistance programs such as Section 8 based on criminal history (subject to certain exceptions below)
  • Treating rental applicants or tenants differently based on their criminal history

For more details and instructions on filing a complaint, please view the Berkeley Rent Board page. You can also read the full ordinance for more details.

 Fair housing reports

The Analysis of Impediments to Fair Housing Choice report identifies barriers to residents’ ability to choose housing in an environment free from discrimination, presents recommendations that may be adopted to overcome these barriers, and monitors progress in achieving the adopted recommendations. View the reports at the links below:

  • Analysis of Impediments to Fair Housing Choice, 2020-2024
  • Analysis of Impediments to Fair Housing Choice, 2015-2020

Related Documents

Document
  • Analysis of Impediments Fair Housing Choice 2020-2024 (16.67 MB)
Document
  • Analysis of Impediments Fair Housing Choice 2015-2020 (3.88 MB)
In this section
Landlords
  • Housing Code Enforcement Inspections
  • Rental Housing Safety Program
  • Exterior Elevated Elements Inspection
  • Tenant Relocation for Repairs
  • Fair Access to Housing
Department of Health, Housing, and Community Services
Email: HHCS@cityofberkeley.info
Phone: (510) 981-5400

Related BMC

  • Municipal Code 13.24
  • Municipal Code 13.30.050
  • Municipal Code 13.24

WE'RE HERE TO HELP

Connect with us online, by phone, or in person.

Footer Top

Report Online (510) 981-2489 Visit
City of Berkeley
2180 Milvia St, Berkeley, CA 94704

Footer Social

Footer Right

  • Sign Up for Our Newsletter
  • Get alerted about emergencies

Footer

  • Departments
  • Permits
  • Records Online
  • News
  • Events
  • Contact Us

Footer Bottom

  • Accessibility
  • Privacy Policy
  • Website Policy
  • Website Feedback
 

Translation Disclaimer

© 2023 City of Berkeley All rights reserved.