California Appellate Tracker

City & County of San Francisco v. Post

April 22, 2018

A narrower state law does not preempt San Francisco’s ordinance more broadly prohibiting landlords from discriminating against prospective tenants based on their receiving government assistance to pay rent.

San Francisco Police Code, § 3304(a) bars San Francisco landlords from discriminating against prospective tenants on the basis of their source of income, which it defines broadly to encompass Section 8 housing subsidies. California’s FEHA (Gov. Code 12955) also forbids housing discrimination based on the source of income but defines the term more narrowly to exclude Section 8 subsidies since they are paid to the landlord, not the tenant. This decision holds that FEHA’s narrower prohibition on discrimination does not preempt San Francisco’s broader prohibition.

California Court of Appeal, First District, Division 2 (Tucher, J., sitting by assignment); April 11, 2018; 2018 WL 1737212

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