Cal. Gov't Code § 12955.9
California Government Code
Operative Text
(a) The provisions of this part relating to discrimination on the basis of familial status shall not apply to housing for older persons. (b) As used in this section, “housing for older persons” means any of the following: (1) Housing provided under any state or federal program that the Secretary of Housing and Urban Development determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program. (2) Housing that meets the standards for senior housing in Sections 51.2, 51.3, and 51.4 of the Civil Code, except to the extent that those standards violate the prohibition of familial status discrimination in the federal Fair Housing Amendments Act of 1988 (Public Law 100-430) and implementing regulations. (3) Mobilehome parks that meet the standards for “housing for older persons” as defined in the federal Fair Housing Act, as amended by Public Law 104-76, and implementing regulations. (c) For purposes of this section, the burden of proof shall be on the owner to prove that the housing qualifies as housing for older persons.
Cal. Gov't Code § 12955.9 creates a targeted exemption from the state's familial-status discrimination rules for certain age-restricted housing communities. To qualify, a property must fall into one of three recognized categories: a government-assisted program for elderly persons, a senior housing community meeting California Civil Code standards, or a mobilehome park satisfying federal 'housing for older persons' criteria. Critically, the law places the burden of proving that a property qualifies for this exemption squarely on the property owner, not on the person raising a discrimination claim.
Plain English — not legal advice.
Under Cal. Gov't Code § 12955.9, operators of age-restricted communities who wish to rely on the familial-status exemption are generally expected to maintain documentation demonstrating that their property meets one of the three qualifying categories—government-assisted elderly housing, Civil Code-compliant senior housing, or a qualifying mobilehome park. Because the statute places the burden of proof on the owner, compliant operators typically keep records of occupancy policies, resident age verification, and any applicable program certifications current and readily accessible. Consulting a qualified attorney familiar with California fair housing law is a common step for operators seeking to confirm their community's qualifying status.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Gov't Code § 12955.9 means that a housing provider cannot simply assert that their property is exempt from familial-status protections—they must prove it qualifies as 'housing for older persons' under one of the statute's defined categories. If you believe a property has improperly denied housing to you or your family based on the presence of children while claiming this exemption, you may have grounds to raise that claim with the California Civil Rights Department or a local fair housing agency. Tenant-rights organizations can help you understand whether a property's claimed exemption appears to meet the legal standards set out in this provision.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.