Cal. Gov't Code § 12955.2
California Government Code
Operative Text
For purposes of this part, “familial status” means one or more individuals under 18 years of age who reside with a parent, another person with care and legal custody of that individual, a person who has been given care and custody of that individual by a state or local governmental agency that is responsible for the welfare of children, or the designee of that parent or other person with legal custody of any individual under 18 years of age by written consent of the parent or designated custodian. The protections afforded by this part against discrimination on the basis of familial status also apply to any individual who is pregnant , who is in the process of securing legal custody of any individual under 18 years of age, or who is in the process of being given care and custody of any individual under 18 years of age by a state or local governmental agency responsible for the welfare of children.
Cal. Gov't Code § 12955.2 defines "familial status" as a protected characteristic under California's fair housing laws. The definition covers households that include one or more children under 18 living with a parent, legal guardian, or an authorized caregiver, as well as a designated representative acting with written consent. Importantly, the protection extends beyond existing family arrangements to also cover individuals who are pregnant, in the process of obtaining legal custody of a minor, or in the process of receiving care and custody of a child through a government child-welfare agency.
Plain English — not legal advice.
Under Cal. Gov't Code § 12955.2, compliant housing operators treat applicants and residents with children under 18, pregnant individuals, and those in the process of gaining legal custody of a minor as members of a protected class. Operators generally review their rental criteria, advertising language, and occupancy policies to ensure none of these characteristics serve as a basis for denial, different terms, or any other adverse housing action. Policies that appear neutral on their face but disproportionately affect families with children may also warrant review under this framework.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Gov't Code § 12955.2 establishes that your household's composition — including the presence of children under 18, a pregnancy, or an ongoing custody process — cannot lawfully be used as a reason to deny housing or impose different rental conditions in California. If you believe a landlord has treated you unfavorably because of familial status as defined by this provision, general enforcement paths include filing a complaint with the California Civil Rights Department or raising the violation in a housing proceeding. Tenant-rights organizations can help you understand how this protection may apply to your circumstances.
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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