Cal. Civ. Code § 1940.35
California Civil Code
Operative Text
(a) It is unlawful for a landlord to disclose to any immigration authority, law enforcement agency, or local, state, or federal agency information regarding or relating to the immigration or citizenship status of any tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant, for the purpose of, or with the intent of, harassing or intimidating a tenant or occupant, retaliating against a tenant or occupant for the exercise of his or her rights, influencing a tenant or occupant to vacate a dwelling, or recovering possession of the dwelling, irrespective of whether the tenant or occupant currently resides in the dwelling. (b) If a court of applicable jurisdiction finds a violation of this section in a proceeding initiated by a party or upon a motion of the court, the court shall do all of the following: (1) For each person whose status was so disclosed, order the landlord to pay statutory damages in an amount to be determined in the court’s discretion that is between 6 and 12 times the monthly rent charged for the dwelling in which the tenant or occupant resides or resided. (2) Issue injunctive relief to prevent the landlord from engaging in similar conduct with respect to other tenants, occupants, and persons known to the landlord to be associated with the tenants or occupants. (3) Notify the district attorney of the county in which the real property for hire is located of a potential violation of Section 519 of the Penal Code. (c) A landlord is not in violation of this section if he or she is complying with any legal obligation under federal law, or subpoena, warrant, or order issued by a court. (d) In making findings in a proceeding under this section, a court may take judicial notice under subdivision (d) of Section 452 of the Evidence Code of the proceedings and records of any federal removal, inadmissibility, or deportation proceeding. (e) A court shall award to the prevailing party in an action under this section attorney’s fees and costs. (f) The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law. (g) Any waiver of a right under this section by a tenant, occupant, or person known to the landlord to be associated with a tenant or occupant shall be void as a matter of public policy. (h) An action for injunctive relief pursuant to this section may be brought by a nonprofit organization exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code, as amended. That organization shall be considered a party for purposes of this section.
California Civil Code § 1940.35 makes it unlawful for a landlord to share information about a tenant's immigration or citizenship status with government agencies—including immigration authorities or law enforcement—when the purpose is to harass, intimidate, retaliate against, or pressure a tenant to leave. A landlord who violates this rule may face court-ordered statutory damages ranging from six to twelve times the monthly rent for each person whose status was disclosed, plus injunctive relief and potential referral to the district attorney. Exceptions exist only when a landlord is acting under a binding federal legal obligation or a valid court-issued subpoena, warrant, or order.
Plain English — not legal advice.
Under Cal. Civ. Code § 1940.35, compliant operators do not share tenant immigration or citizenship information with any government agency for purposes of coercion, retaliation, or recovering possession of a unit. Landlords who receive a subpoena, warrant, or court order touching on such information generally consult legal counsel before responding to confirm whether a recognized legal obligation applies. Because attorney's fees and statutory damages are available to a prevailing party, operators benefit from maintaining clear internal policies that prohibit unauthorized disclosures.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Civ. Code § 1940.35 gives tenants and occupants a right to be free from landlord disclosures of their immigration or citizenship status made for purposes of harassment, retaliation, or pressure to vacate—and this right cannot be waived by any lease provision or agreement. If a tenant believes a landlord has violated this provision, potential paths include raising the violation as a defense in an eviction proceeding, filing a civil action (noting that attorney's fees may be awarded to a prevailing party), or contacting a local tenant-rights organization or nonprofit with 501(c)(3) status, which may itself bring an action under this section.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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