Cal. Gov't Code § 12955.4
California Government Code
Operative Text
Nothing in this part shall prohibit a religious organization, association or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to those persons, unless membership in that religion is restricted on account of race, color, or national origin.
California Government Code § 12955.4 carves out a narrow exception to the state's fair housing rules for religious organizations and nonprofits they control. Under this provision, such entities may restrict or give preference in the sale, rental, or occupancy of dwellings they own or operate for non-commercial purposes to members of their own religion. This exception does not apply, however, if membership in that religion is itself limited based on race, color, or national origin.
Plain English — not legal advice.
Religious organizations and affiliated nonprofits operating housing under Cal. Gov't Code § 12955.4 generally document that the property is owned or operated for a non-commercial religious purpose and that any membership-based preference or restriction does not stem from race, color, or national origin criteria. Operators in this category typically maintain clear records showing the religious affiliation of the housing program and the basis for any occupancy preferences. Those who cannot demonstrate a qualifying non-commercial religious purpose would not be covered by this exception and would remain subject to standard fair housing requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Gov't Code § 12955.4 defines the limited circumstances under which a religious organization or its affiliated nonprofit may lawfully prefer or restrict occupants based on religious affiliation. If a tenant believes a housing provider is improperly invoking this exception—for example, because the property appears to be operated for commercial purposes or because the religion's membership criteria involve race, color, or national origin—that concern can generally be raised as a potential fair housing violation. Tenants in this situation may consider contacting the California Civil Rights Department, a local fair housing agency, or a tenant-rights organization to explore available options.
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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