Overview
Homeowners in California are protected by both federal and state fair housing laws. These laws prohibit homeowners’ associations (HOAs) from discriminating against residents based on race, religion, disability, and other protected characteristics. California adds even more protections on top of federal law. Knowing these rules helps homeowners recognize illegal conduct and understand when an HOA has crossed the line. For related protections, see our Fact Sheet on “HOA Retaliation in California: Illegal Board Conduct Explained.”
Updated September 16, 2025 to add FAQs on effects of the FHA and FEHA on California HOAs.
Key Points
Discrimination in HOAs can occur through selective enforcement, denial of accommodations, or rules that unfairly target certain groups. The following points summarize the main protections and examples of unlawful conduct.
- Federal law: Fair Housing Act (FHA). Prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, or disability. Applies to HOAs when they enforce rules, provide services, or manage common areas. A homeowner can file a complaint with U.S. Department of Housing and Urban Development (HUD) or bring a lawsuit in federal or state court.
- California law: Fair Employment and Housing Act (FEHA). Expands protections beyond the FHA to include sexual orientation, gender identity and expression, marital status, and source of income. Administered by the California Civil Rights Department (CRD). A homeowner can file a complaint with the CRD or bring a lawsuit in state court.
- HOA discrimination in comes in many forms. But the most common examples of HOA discrimination include:
- Refusing to allow service animals or emotional support animals in “no pet” communities.
- Denying requests for wheelchair ramps or other reasonable modifications.
- Selectively enforcing rules against certain families while ignoring similar violations by others.
- Restricting children from using common facilities like pools or play areas.
- Reasonable accommodations and modifications. HOAs must allow residents with disabilities to request rule changes (accommodations) or physical changes (modifications). Examples including: permitting an emotional support animal, widening doors, or installing grab bars.
- Enforcement and remedies. Homeowners may pursue complaints through HUD or CRD, mediation, or lawsuits. Remedies can include fines, damages, and orders requiring the HOA to do (or stop doing) something, or change its rules or practices.
California homeowners are strongly protected against discrimination by both federal and state law. If an HOA board adopts or enforces rules that unfairly target protected groups, those rules are unenforceable and expose the board to legal liability. For a broader discussion that also covers harassment and retaliation, see our Article: “HOA Discrimination, Retaliation, and Harassment in California: Homeowners’ Rights Under Federal and State Law.”
FAQs
What is HOA discrimination in California?
HOA discrimination occurs when a board enforces rules or makes decisions that treat homeowners differently based on protected characteristics such as race, religion, disability, sex, or other categories recognized under federal or state law.
What federal law protects California homeowners from HOA discrimination?
The federal Fair Housing Act (FHA) prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability. It applies to HOAs when they enforce rules, manage common areas, or provide services.
What California law protects homeowners from HOA discrimination?
The California Fair Employment and Housing Act (FEHA) expands protections beyond the federal FHA. It prohibits HOA discrimination based on sexual orientation, gender identity and expression, marital status, and source of income, in addition to the federal categories.
What are examples of HOA discrimination in California?
Common examples include refusing to allow service animals or emotional support animals, denying reasonable modifications such as wheelchair ramps, selectively enforcing rules against certain families, or restricting children from using common facilities.
What is the difference between a reasonable accommodation and a reasonable modification in HOA discrimination cases?
A reasonable accommodation is a rule change to allow equal use of housing, such as permitting an emotional support animal in a no-pet community. A reasonable modification is a physical change to the property, such as installing grab bars, allowing construction of a ramp on common area property, or widening a doorway for accessibility.
How can a homeowner enforce their rights against HOA discrimination?
Homeowners can file a complaint with the U.S. Department of Housing and Urban Development, with the California Civil Rights Department, or bring a lawsuit in state or federal court. Remedies can include damages, fines, or orders requiring the HOA to change its rules or practices.
About MBK Chapman Fact Sheets
Homeowners searching for answers online will often come across articles that appear authoritative, but are actually written as search-engine marketing content rather than by an experienced HOA lawyer. These pieces tend to prioritize keyword density over clarity, accuracy, or legal context, which often leaves homeowners more confused than informed.
At MBK Chapman, our Fact Sheets are part of our HOA Law Library and are written by Michael Kushner, an HOA lawyer with decades of hands-on experience representing California homeowners. In fact, Michael Kushner is the HOA lawyer who pioneered the systems and strategies used by some of California’s most successful homeowner-side HOA law firms.
Each Fact Sheet is deliberately concise, statute-based, and designed as a quick-reference guide to help homeowners understand key HOA laws and enforcement rules at a glance.
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