Fair & Equal Housing

The Fair Employment and Housing Act law applies to landlords, tenant screening companies, property management companies, real estate agents, home sellers, builders, mortgage lenders, and others. The law prohibits discrimination in all aspects of the housing business, including renting or leasing, sales, mortgage lending and insurance, advertising, practices such as restrictive covenants, and new construction.

Violations of the anti-discrimination law include the following:

• Refusal to sell, rent, or lease rooms, apartments, mobile homes, condos, or houses
• Refusal to negotiate for the sale, rental, or lease of housing
• Informing someone that an apartment is not available for inspection, sale, or rental when it is in fact available
• Denial of a home loan or homeowner’s insurance
• Cancellation or termination of a sale or rental agreement
• Refusal to permit, at a disabled tenant’s expense, reasonable modifications – such as adding a ramp, widening a doorway, or installing a safety bar in a shower – when necessary to accommodate a disability
• Refusal to make reasonable accommodations in housing rules, policies, practices, or services where necessary to provide a disabled person equal opportunity to use and enjoy a dwelling
• Rules that restrict only on families with children, such as a prohibition against children using an on-site pool or playing in common areas of an apartment complex
• Refusing to rent to a tenant with a section 8 voucher.
• Not complying with the requirements of a rental assistance or subsidy program (such as section 8) by refusing to complete required forms, sign documents, or allow inspections
• Refusing to rent to anyone with a criminal history
• Screening prospective tenants – including when done by a third-party such as a tenant screening company – in a way that discriminates based on a protected characteristic
• Retaliation against someone because they filed a complaint with CRD, requested a reasonable accommodation for a disability, or otherwise tried to protect their rights to be free from housing discrimination

The California Civil Rights Department (CRD) is responsible for enforcing state fair housing laws that make it illegal to discriminate against or harass someone because of a protected characteristic, such as their gender, race, national origin, sexual orientation, gender identity, or religion. To report a complaint to CRD, click here. To speak to CRD, call800-884-1684 or800-700-2320 (TTY) or dial 711 (TRS).

To view fact sheets or guides on the following other fair housing issues, click here. 

• Housing & Reasonable Accommodations for People with Disabilities
• Emotional Support Animals & Fair Housing Law
• Fair Housing Law Protects Child Care Providers
• Harassment Protection Guide
• Fair Housing & Criminal History
• Discrimination & Harassment in Shelters
• Disability Discrimination
• Sexual Harassment & Housing
• Source of Income

The Fair Housing Act (42 U.S.C. 3601 et seq.), prohibits discrimination by direct providers of housing, such as landlords and real estate companies as well as other entities, such as municipalities, banks or other lending institutions and homeowners' insurance companies whose discriminatory practices make housing unavailable to persons because of:

• race or color
• religion
• sex
• national origin
• familial status, or
• disability.

The US HUD Office of Fair Housing and Equal Opportunity (FHEO) enforces federal laws and establishes policies to ensure that all Americans have equal access to the housing of their choice. To file a fair housing complaint with FHEO, click here.

The Violence Against Women Act (VAWA) is a federal law that, in part, provides housing protections for people applying for or living in units subsidized by the federal government and who have experienced domestic violence, dating violence, sexual assault, or stalking, to help keep them safe and reduce their likelihood of experiencing homelessness.

Under VAWA, someone who has experienced domestic violence, dating violence, sexual assault, and/or stalking (VAWA violence/abuse):

• Cannot be denied admission to or assistance under a HUD-subsidized or assisted unit or program because of the VAWA violence/abuse committed against them.
• Cannot be evicted from a HUD-subsidized unit nor have their assistance terminated because of the VAWA violence/abuse committed against them.
• Cannot be denied admission, evicted, or have their assistance terminated for reasons related to the VAWA violence/abuse, such as having an eviction record, criminal history, or bad credit history.
• Must have the option to stay in their HUD-subsidized housing, even if there has been criminal activity directly related to the VAWA violence/abuse.
• Can request an emergency transfer from the housing provider for safety reasons related to the VAWA violence/abuse committed against them.
• Must be allowed to move with continued assistance, if the survivor has a Section 8 Housing Choice Voucher.
• Must be able to provide proof to the housing provider by self-certifying using the HUD VAWA Self-certification (Form HUD-5382), and not be required to provide more proof unless the housing provider has conflicting information about the violence/abuse.
• Must receive HUD's Notice of VAWA Housing Rights (Form HUD-5380) and HUD's VAWA Self-certification Form (Form HUD-5382) from the housing provider, when they are denied admission to a HUD-subsidized unit or HUD program, when they are admitted to a HUD-subsidized unit or HUD program, and when they receive a notice of eviction from a HUD-subsidized unit or notice of termination from a HUD program.
• Has a right to strict confidentiality of information regarding their status as a survivor.
• Can request a lease bifurcation from the owner or landlord to remove the perpetrator from the lease or unit, and if the housing provider bifurcates, it must be done consistent with applicable federal, state, or local laws and the requirements of the HUD housing program.
• Cannot be coerced, intimated, threatened, or retaliated against by HUD-subsidized housing providers for seeking or exercising VAWA protections.
• Has the right to seek law enforcement or emergency assistance for themselves or others without being penalized by local laws or policies for these requests or because they were victims of criminal activity.

To file a VAWA complaint, contact the US HUD Department of Fair Housing & Equal Opportunity. 

ECHO Housing, a nonprofit organization, is committed to ending discrimination in housing by providing counseling, investigation, mediation, enforcement, and education through their Fair Housing Program. ECHO conducts investigations and enforcement in response to reports of housing discrimination complaints in Alameda County. To contact ECHO Housing, click here. To speak to ECHO Housing, call 855-ASK-ECHO (855-275-3246).

California Civil Rights Department (CRD) is responsible for enforcing state fair housing laws that make it illegal to discriminate against or harass someone because of a protected characteristic, such as their gender, race, national origin, sexual orientation, gender identity, or religion. To report a complaint to CRD, click here. To speak to CRD, call 800-884-1684 or 800-700-2320 (TTY) or dial 711 (TRS).

US HUD Office of Fair Housing and Equal Opportunity (FHEO) enforces federal laws and establishes policies to ensure that all Americans have equal access to the housing of their choice. To report a complaint to FHEO, click here. To speak to FHEO, call 1-800-669-9777 or dial 711(TRS).

What is the Analysis of Impediment to Fair Housing?

The Analysis of Impediments (AI) to Fair Housing Choice provides an overview of laws, regulations, conditions, and other possible obstacles that may affect an individual’s or household’s access to housing and is prepared for the purpose of implementing fair housing rules to affirmatively further fair housing.

The County of Alameda, as lead agency, together with multiple participating jurisdictions—the cities of Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, Union City and Unincorporated Alameda County; the housing authorities for the cities of Alameda, Berkeley, Livermore, and Oakland; and the Housing Authority of the County of Alameda—have formed a regional collaborative for the purpose of completing an Analysis of Impediments to Fair Housing Choice (Regional Analysis of Impediments). This Regional Analysis of Impediments helps to meet the partners’ obligation to affirmatively further fair housing, which is a requirement of recipients of funding from the US Department of Housing and Urban Development (HUD). HUD requires that an analysis of impediments be conducted every five years, preferably in conjunction with a five-year Consolidated Plan process.

The AI identifies fair housing barriers and actions that the County and its partners will take to overcome historic patterns of segregation, promote fair housing choice, and foster inclusive communities that are free from discrimination. 

What are the Impediments to Fair Housing in Alameda County?

The 2025-2029 AI report identified the following nine impediments to fair housing in Alameda County:

1. Residents, homebuyers, and property owners have insufficient understanding of fair housing requirements and protections. Analysis indicates that continued outreach and enforcement is needed to educate property owners, tenants, and those in the lending market about rights and obligations around fair housing protections and potential discriminatory practices.
2. Discriminatory barriers prevent tenants from accessing housing opportunities. Fair housing laws offer protections for those with protected characteristics, however, data shows that people still experience discrimination despite these protections - particularly based on disability, race, and source of income. Further, some characteristics are not protected by law and are the most cited areas of discrimination, including criminal background, eviction history, and credit history. These barriers may prevent people from accessing housing in areas that offer the opportunities they may be seeking.
3. The region lacks the number of affordable housing units needed to meet the demands of low to moderate income households. Consistently, throughout consultation stakeholders and the public cited the lack of affordable units as the number one barrier to housing opportunity. Analysis of the cost of housing show significant increase in home values and the rental marketing making it increasingly difficult for renters to find units they can afford and for residents to achieve homeownership.
4. Property turnover is resulting in displacement of residents and high costs of housing leave few options accessing new housing that is safe, decent, affordable, and near opportunity areas. As property values climb, more property owners look to sell their units to realized profits. When landlords sell properties with tenants residing in them, tenants face possible displacement due the units turning over from rental units or because of increasing rent costs. Community members cited displacement as a major impediment to accessing jobs close to home and maintaining connections that are rooted in community.
5. Increasing rent costs are pushing residents out of communities where they wish to live and where they have connections to support systems and opportunity. As rents increase, renters are forced to move farther from amenities to find affordable housing costs. The result of this displacement is difficulty in accessing jobs, reaching needed services, and increases in transportation costs in lieu of housing costs.
6. The region lacks the accessible units and supportive housing units needed to meet the demands of special needs households. While affordable housing is lacking in general, accessible affordable housing is even more scarce. According to community stakeholders, those with physical disabilities and supportive housing needs are the most difficult to house.
7. Increasing rent costs have disparate impacts on special needs households that tend to have fixed incomes and fewer options for housing that accommodates their needs. Individuals with fixed incomes are the most vulnerable in areas with significant affordability challenges. As housing costs and other costs of living rise, their fixed incomes often see no or little increases making them most at risk for homelessness. Households with fixed incomes include seniors and people with disabilities.
8. Systems feel disjoined and hard to navigate for people seeking affordable housing options and access to opportunities. Community residents expressed concerns about the inability to navigate systems that might provide support for their housing and other basic needs. They often do not know where to start or do not have the means to navigate the process of follow up, documentation requirements, access to transportation to make appointments, and other logistics required to secure assistance, especially when they are already facing homelessness or struggling to maintain their housing. 
9. Significant housing challenges require coordinated approaches to meeting the needs of communities. As a region, Alameda County has many resources that serve its residents. However, the challenges to meeting the needs of low- and moderate-income people as well as people with special needs while simultaneously addressing discrimination are significant. To make the most impact on the barriers to housing opportunity, a coordinated approach is needed.

To address these impediments, the following regional goals developed to create a cohesive strategy and leverage resources:

To view the entire report and the actions each jurisdiction identified they would take, click here.