Cal. Civ. Code § 1940.45

California Civil Code

In Force
Verified 6/11/2026 · Next check 7/11/2026
effective 1/1/2020CaliforniaFair Housing & Anti-Discrimination

Operative Text

Cal. Civ. Code § 1940.45
(a) Except as otherwise provided by this section, a property owner shall not enforce or adopt a restrictive covenant or any other restriction that prohibits one or more religious items from being displayed or affixed on any entry door or entry door frame of a dwelling.
(b) To the extent permitted by Article 1, Section 4, of the California Constitution and the First Amendment to the United States Constitution, this section does not prohibit the enforcement or adoption of a restrictive covenant or
other restriction prohibiting the display or affixing of a religious item on any entry door or entry door frame to a dwelling that:
(1) Threatens the public health or safety.
(2) Hinders the opening or closing of any entry door.
(3) Violates any federal, state, or local law.
(4) Contains graphics, language or any display that is obscene or otherwise illegal.
(5) Individually or in combination with any other religious item displayed or affixed on any entry door or door frame that has a total size greater than 36 by 12
square inches, provided it does not exceed the size of the door.
(c) As used in this section, the following terms have the following meanings:
(1) “Property owner” means all of the following:
(A) An association, as that term is defined in Section 4080.
(B) A board, as that term is defined in Section 4085.
(C) A member, as that term is defined in Section
4160.
(D) A landlord, as that term is defined in Section 1940.8.5.
(E) A sublessor.
(2) “Religious item” means an item displayed because of sincerely held religious beliefs.
Source: Legislative text reproduced verbatim
Plain English

Under Cal. Civ. Code § 1940.45, property owners—including landlords, HOA boards, and sublessors—generally cannot enforce rules that bar tenants from displaying religious items on their entry door or door frame. The protection covers items placed there out of sincerely held religious belief. However, restrictions remain permissible when an item poses a health or safety threat, blocks the door, violates law, contains obscene content, or exceeds a combined display area of 36 by 12 inches (so long as it fits within the door itself).

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 3, 2026

Plain English — not legal advice.

For Property Managers

Under Cal. Civ. Code § 1940.45, compliant operators generally refrain from enforcing lease clauses or CC&Rs that categorically ban religious items from entry doors or door frames. Operators who do maintain restrictions typically limit them to the narrow grounds the statute permits—such as items that obstruct the door, exceed the 36-by-12-inch size threshold, or violate applicable law. Reviewing existing governing documents and lease templates against these standards is a common practice for property managers seeking to stay within the statute's requirements.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Cal. Civ. Code § 1940.45 gives tenants the general right to display sincerely held religious items on their entry door or door frame, within the size and content limits the statute sets out. If a landlord, HOA, or sublessor attempts to enforce a restriction that appears to conflict with this provision, tenants may raise the statute as a defense or file a complaint with a relevant local agency. Tenant-rights organizations can help residents understand how this provision applies to their housing situation.

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.

Effective Timeline

Current
Jan 1, 2020
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Cal. Civ. Code § 827
Cal. Civ. Code § 1947.13
Cal. Civ. Code § 1954.50

Related Rules

§ 100.110
§ 100.110 Discriminatory practices in residential real estate-related transactions.
§ 5.106
§ 5.106 Equal access in accordance with the individual's gender identity in community planning and development programs.
§ 100.140
§ 100.140 General rules.

Source Information