Fair Housing Certification: Key Lessons for Housing Providers

On April 22, 2025, AACSC proudly hosted its Fair Housing Certification class, featuring nationally recognized trainer Denise Cato, President & CEO of the Fair Housing Council of Orange County (FHCOC). With more than 35 years of experience, Denise brought both expertise and practical insights to help housing providers understand their responsibilities under state and federal fair housing law.

This certification class is one of AACSC’s cornerstone education programs, equipping members with both the legal knowledge and practical strategies needed to remain compliant and to foster inclusive housing practices.

A Foundation in Fair Housing Law

Federal Fair Housing Act

Enacted in 1968, the Act prohibits discrimination in housing based on:

• Race
• Color
• National origin
• Religion
• Sex (expanded to include gender identity and sexual orientation)
• Familial status
• Disability

California Fair Housing Laws

California expands these protections further, prohibiting discrimination based on:

• Marital status
• Source of income (including Section 8 vouchers)
• Ancestry and primary language
• Citizenship and immigration status
• Genetic information …and more.

Key Takeaways from the Certification Class

Consistency is Non-Negotiable

All tenants must be treated equally and professionally. Personal relationships or judgments cannot affect decisions.

Section 8 and Source of Income

• It is unlawful to refuse applicants based on housing vouchers.
• Applicants must be qualified based only on their share of rent.
• New Requirement: If a Section 8 applicant does not meet credit standards, you must offer alternative ways to prove financial responsibility (e.g., utility or rent payment history).

Written Screening Policies

• Written screening criteria are now required by law and must be provided to all applicants.
• Applications must be processed in the order received.
• If you choose among multiple applicants, you must refund application fees to any applicant not selected under that process.

Occupancy Standards

• General guideline: Two persons per bedroom plus one.
• State standards may allow higher occupancy based on square footage (e.g., 650 sq. ft. = up to 9 persons).

Families with Children

• Children must be treated the same as other residents.
• Notices should avoid terms like “children” and instead use “tenant” or “occupant.”
• Restrictions must be neutral (e.g., general noise rules rather than targeting children).

Reasonable Accommodations & Modifications

• Housing providers must allow reasonable modifications (e.g., grab bars, ramps).
• Emotional support animals (ESAs) are not pets and must be reasonably accommodated with valid documentation.

New Law Reminders

• Security Deposit Limits (AB 12): Deposits are capped at one month’s rent.
• Move-In/Move-Out Photos (AB 2801): Housing providers must now document units with photos before move-in, after move-out, and after repairs.

Denise’s Best Practice Advice

• Maintain professional boundaries with tenants.
• Use objective references when screening.
• Document everything — policies, notices, communications.
• Seek guidance before acting if unsure about compliance.

Quick Fair Housing Compliance Checklist

✔️ Provide written screening criteria to all applicants
✔️ Qualify Section 8 tenants based only on their portion of rent
✔️ Document unit conditions with required photographs
✔️ Avoid discriminatory occupancy restrictions
✔️ Treat ESAs as accommodations, not pets
✔️ Keep consistent, neutral language in all notices