Cal. Civ. Code § 1946.9
California Civil Code
Operative Text
(a) For the purposes of tenant screening, a landlord or a landlord’s agent shall not make an adverse action based on any of the following: (1) An allegation that the prospective tenant breached a lease or rental agreement if the alleged breach stemmed from an act of abuse or violence against a tenant, a tenant’s immediate family member, or a tenant’s household member, and the prospective tenant is not alleged to have committed the abuse or violence. The landlord shall accept any form of documentation evidencing abuse or violence against the tenant, the tenant’s immediate family member, or the tenant’s household member, as provided by subdivision (d) of Section 1941.5, as sufficient for the purposes of this paragraph. (2) The prospective tenant having previously requested to have their locks changed pursuant to Section 1941.5 or 1941.6, regardless of whether the request was granted. (3) The prospective tenant, or an immediate family member or household member of the prospective tenant, having been a victim of abuse or violence. A landlord or the landlord’s agent may request that a prospective tenant provide documentation described in subdivision (d) of Section 1941.5 to establish if a prospective tenant, or an immediate family member or household member of the prospective member, has been a victim of abuse or violence for the purposes of this paragraph. If the prospective tenant provides documentation described in subdivision (d) of Section 1941.5, the landlord shall accept the documentation as sufficient to establish that a prospective tenant, or an immediate family member or household member of the prospective member, has been a victim of abuse or violence for the purposes of this paragraph. (4) The prospective tenant, or a guest of the prospective tenant, having previously summoned law enforcement assistance or emergency assistance, as, or on behalf of a victim of abuse, a victim of crime, or an individual in an emergency, as provided in Section 1946.8. (b) A landlord or agent of a landlord who violates this section shall be liable to the prospective or current tenant in a civil action for both of the following: (1) The actual damages sustained by the prospective or current tenant. (2) Statutory damages of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000). (c) The remedies provided by this section shall be in addition to any other remedy provided by law. (d) For the purposes of this section, the following definitions apply: (1) “Abuse or violence” has the same meaning as defined in paragraph (1) of subdivision (a) of Section 1161.3 of the Code of Civil Procedure. (2) “Adverse action” means either of the following: (A) Denial of a prospective tenant’s rental application. (B) Approval of a prospective tenant’s rental application, subject to terms or conditions different and less favorable to the prospective tenant than those included in any written notice, statement, or advertisement for the rental unit, including written communication sent directly from the landlord or landlord’s agent to a prospective tenant. (3) “Household member” has the same meaning as defined in paragraph (1) of subdivision (h) of Section 1946.7. (4) “Immediate family member” has the same meaning as defined in paragraph (3) of subdivision (h) of Section 1946.7. (5) “Tenant” means tenant, subtenant, lessee, or sublessee. (6) “Tenant screening” means any process used by a landlord or landlord’s agent to evaluate the fitness of a prospective tenant.
Cal. Civ. Code § 1946.9 prohibits landlords and their agents from taking an "adverse action" — denying an application or offering less favorable terms — against a prospective tenant based on their history as a victim of abuse or violence, a prior lock-change request, a lease breach caused by abuse they did not commit, or a past call for emergency or law-enforcement assistance. Documentation types already recognized under related statutes are deemed sufficient proof of victim status when a landlord requests verification. Landlords who violate this rule face civil liability for actual damages plus statutory damages ranging from $100 to $5,000, on top of any other remedies available under law.
Plain English — not legal advice.
Under Cal. Civ. Code § 1946.9, compliant operators review screening criteria to ensure that abuse-related history, prior lock-change requests, lease breaches stemming from abuse the applicant did not commit, and past emergency calls are not used to deny an application or impose less favorable rental terms. When a landlord requests documentation of victim status, the forms of proof listed in Civil Code § 1941.5(d) must be accepted as sufficient, and screening records should reflect that these protected factors were not weighed in the decision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Civ. Code § 1946.9 gives prospective tenants the right not to be denied housing or offered worse terms because of abuse-related history, a prior lock-change request, or past emergency calls. If a landlord appears to have used one of these protected factors as a basis for an adverse screening decision, a tenant may pursue a civil action for actual and statutory damages, file a complaint with a relevant state or local agency, or reach out to a tenant-rights organization to explore available options.
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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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