§ 1161.4.Causing Tenant to Quit Involuntarily Or Bring Action to Recover Possession Because of Immigration Or Citizenship Status Prohibited

Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Enacted 2017 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1161.4 prohibits a landlord from forcing a tenant or occupant to leave, or filing an unlawful detainer action, because of that person's immigration or citizenship status, or a household member's, letting the tenant raise this as an affirmative defense with a rebuttable presumption in certain approve-then-reverse situations.

Full Text of § 1161.4

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(a) A landlord shall not cause a tenant or occupant to quit involuntarily or bring an action to recover possession because of the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant, unless the landlord is complying with any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant.

(b) In an unlawful detainer action, a tenant or occupant may raise, as an affirmative defense, that the landlord violated subdivision (a).

(c) It is a rebuttable presumption that a tenant or occupant has established an affirmative defense under this section in an unlawful detainer action if the landlord did both of the following:

(1) Approved the tenant or occupant to take possession of the unit before filing the unlawful detainer action.

(2) Included in the unlawful detainer action a claim based on one of the following:

(A) The failure at any time of a previously approved tenant or occupant to provide a valid social security number.

(B) The failure at any time of a previously approved tenant or occupant to provide information required to obtain a consumer credit report under Section 1785.11 of the Civil Code.

(C) The failure at any time of a previously approved tenant or occupant to provide a form of identification deemed acceptable by the landlord.

(d) This section does not create a rebuttable presumption that a tenant or occupant has established an affirmative defense under this section if a landlord has requested the information described in paragraph (2) of subdivision (c) for the purpose of complying with any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant, or any other federal law, or a subpoena, warrant, or other order issued by a court.

(e) The rebuttable presumption in this section does not limit paragraph (2) of subdivision (c) of Section 1940.3 of the Civil Code.

(f) No affirmative defense is established under subdivision (b) if a landlord files an unlawful detainer action for the purpose of complying with any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant.

(g) For purposes of this section, "immigration or citizenship status" includes a perception that the person has a particular immigration status or citizenship status, or that the person is associated with a person who has, or is perceived to have, a particular immigration status or citizenship status.

End

Plain-English Summary

Landlords cannot use immigration or citizenship status as a weapon in an eviction dispute. Subdivision (a) bars a landlord from causing a tenant or occupant to leave involuntarily, or from suing to recover possession, because of the immigration or citizenship status of the tenant, occupant, or someone the landlord knows is associated with them — unless the landlord is complying with a federal program's legal requirements for rent limits or rental assistance.

A tenant or occupant sued for unlawful detainer can raise a violation of this rule as an affirmative defense under subdivision (b). Subdivision (c) builds in a rebuttable presumption favoring the tenant in a specific pattern: the landlord first approved the person to move in, then later filed suit based on that person's failure to provide a Social Security number, credit-report information, or acceptable identification. That presumption does not apply, under subdivision (d), if the landlord sought that same information to comply with a federal program, another federal law, or a court order or subpoena, and subdivision (f) confirms no defense arises at all if the landlord's suit itself was filed to comply with such a program.

Subdivision (g) defines "immigration or citizenship status" broadly, reaching not just someone's actual status but a landlord's perception of it, whether about the tenant directly or someone associated with them.

Frequently Asked Questions

Can a landlord evict a tenant because of their immigration status?

No. Section 1161.4(a) prohibits a landlord from causing a tenant or occupant to leave, or suing for possession, based on immigration or citizenship status, except when complying with a federal rent-limitation or rental-assistance program's legal requirements.

What defense can a tenant raise if this happens?

An affirmative defense under subdivision (b), and in some situations a rebuttable presumption in the tenant's favor under subdivision (c).

When does that rebuttable presumption apply?

When the landlord first approved the tenant or occupant to move in and later based the unlawful detainer action on that person's failure to provide a Social Security number, credit report information, or acceptable identification.

Does this section stop a landlord from ever asking for a Social Security number?

No. The presumption does not apply if the landlord sought that information to comply with a federal program, another federal law, or a court order, subpoena, or warrant.

What does "immigration or citizenship status" include under this section?

Both the actual status of the person, and a landlord's mere perception that the person, or someone associated with them, has a particular immigration or citizenship status.

Amendment History

Added by Stats 2017 ch 489 (AB 291),s 8, eff. 1/1/2018.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 29, 2026. · Official source

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