California 2 CCR § 12051. Exceptions.

It shall not constitute unlawful discrimination under this section:

(a) For a person to make a written or oral inquiry concerning the level or source of income as specified in section 12141(b);

(b) For a person sharing the living areas in a single dwelling unit to use words stating or tending to imply that the housing being advertised is available only to persons of one sex;

(c) For a person to refer to a protected basis, such as age, disability, or military or veteran status, where eligibility for a government subsidized housing opportunity requires the person to consider the protected basis;

(d) For a person to refer to a protected basis when seeking to establish a noncommercial personal roommate arrangement, where “noncommercial personal roommate arrangement” means an arrangement “in which no monetary or other consideration is exchanged for the housing opportunity.” Traditional residential rental agreements, leases, subleases, and short-term rentals, as defined by section 22590 of the Business and Professions Code, are not included in this definition; or

(e) For a person to state an age-based preference or requirement for housing for older persons in relation to housing meeting the requisite criteria of Government Code section 12955.9. For purposes of this subsection, the burden of proof shall be on the respondent to prove that the housing qualifies as housing for older persons.

Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12926, 12927, 12955, 12955.6, 12955.8, 12955.9 and 65008, Government Code.

1. New section filed 11-19-2021; operative 1-1-2022 (Register 2021, No. 47).

2. Amendment of subsection (d) filed 11-22-2023; operative 1-1-2024 (Register 2023, No. 47).

Official source: California 2 CCR § 12051. Exceptions..

Source snapshot retrieved: 2026-09-23T18:05:15.131Z.

Version dates (indexing metadata): Effective 2024-01-01; operative 2024-01-01.

Effective-date evidence (external official source, indexing metadata): This regulatory action becomes effective on 1/1/2024.

Evidence source: https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2023/11/CRD-OAL-Approval-Fair-Housing-Regulations-2023.11.22.pdf

Applicability note (indexing metadata, not regulatory text): Review the applicable definitions, burdens of proof, exemptions, exceptions, causation, notice and procedural conditions in the source subsections. A screening criterion, housing advertisement, criminal record or land-use decision cannot be evaluated from dates alone. Read the regulations together with current state and federal statutes and any applicable local protections. This indexed version does not establish the text before its reviewed amendment date.