California Section 8, Records & Right to Counsel

California rules on section 8, records & right to counsel for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.

Short answer: Yes. Statewide, owners may not discriminate in housing because of source of income, or advertise a preference based on it. Cal. Gov. Code §§ 12955(a), (c), (o) (as amended by SB 267, Stats. 2023, ch. 776); 12927(i)

The rules in California

Statewide ban on refusing Section 8 / source of income	Yes. Statewide, owners may not discriminate in housing because of source of income, or advertise a preference based on it. Source of income means lawful, verifiable income paid to the tenant or a representative, or paid to the landlord for the tenant. It includes federal, state, and local public assistance and housing subsidies, including Section 8 vouchers. HUD-VASH vouchers are expressly included. When there is a government rent subsidy, the owner may not apply income standards to the full rent rather than the tenant's share. Since January 1, 2024 (SB 267), the owner also may not use credit history without offering the applicant the option to show ability to pay the tenant's share with alternative evidence (such as benefit records, pay records, or bank statements), and must reasonably consider that evidence. Current § 12927(i) text (last amended by Stats. 2019, ch. 601, SB 222) verified. Exemptions under FEHA (for example, certain owner-occupied single-roomer situations) were not re-verified. Text verified via the Legislative Counsel pubinfo database. Source: Cal. Gov. Code §§ 12955(a), (c), (o) (as amended by SB 267, Stats. 2023, ch. 776); 12927(i)
Eviction record sealing	Masking is automatic and statutory. For the first 60 days after an unlawful detainer case is filed, the court file is open only to the parties and their attorneys, to anyone who gives the clerk the name of a plaintiff, the name of a defendant, and the unit address, to residents of the premises, and to anyone with a court order for good cause. After that, the record becomes public only if the landlord wins a judgment against all defendants: either within 60 days of filing, or after a trial held more than 60 days after filing. If the tenant wins, or the case is dismissed or settled without a landlord judgment, the record stays masked. Nonpayment cases filed between March 4, 2020 and September 30, 2021 stay masked. Post-foreclosure cases under CCP 1161a become public only after a trial judgment. The parties may also agree by stipulation that the court bar access to the record. There is no separate statutory expungement procedure. Within 24 to 48 hours of filing, the clerk mails the defendant a notice explaining the 60-day restriction and listing referral numbers (§ 1161.2(c)). If a default is set aside more than 60 days after filing, the 60-day clock restarts from that date. Text verified via the Legislative Counsel pubinfo database. Source: Cal. Civ. Proc. Code § 1161.2(a) (as amended by AB 2304, Stats. 2024, ch. 711)
Right to a lawyer in eviction	No statewide right to counsel in eviction cases. The Sargent Shriver Civil Counsel Act funds Judicial Council grant programs in selected courts that appoint counsel for low-income parties in housing and other civil matters, subject to funding. Some cities have their own right-to-counsel ordinances. Shriver programs are limited, funding-dependent pilots, not a statewide entitlement. Text verified via the Legislative Counsel pubinfo database. Source: Cal. Gov. Code §§ 68650-68651

California vs. neighboring states

Section 8, Records & Right to Counsel: California vs. neighboring states
State	Statewide ban on refusing Section 8 / source of income	Eviction record sealing	Right to a lawyer in eviction
California	Yes. Statewide, owners may not discriminate in housing because of source of income, or advertise a preference based on it. Source of income means lawful, verifiable income paid to the tenant or a representative, or paid to the landlord for the tenant. It includes federal, state, and local public assistance and housing subsidies, including Section 8 vouchers. HUD-VASH vouchers are expressly included. When there is a government rent subsidy, the owner may not apply income standards to the full rent rather than the tenant's share. Since January 1, 2024 (SB 267), the owner also may not use credit history without offering the applicant the option to show ability to pay the tenant's share with alternative evidence (such as benefit records, pay records, or bank statements), and must reasonably consider that evidence. Cal. Gov. Code §§ 12955(a), (c), (o) (as amended by SB 267, Stats. 2023, ch. 776); 12927(i)	Masking is automatic and statutory. For the first 60 days after an unlawful detainer case is filed, the court file is open only to the parties and their attorneys, to anyone who gives the clerk the name of a plaintiff, the name of a defendant, and the unit address, to residents of the premises, and to anyone with a court order for good cause. After that, the record becomes public only if the landlord wins a judgment against all defendants: either within 60 days of filing, or after a trial held more than 60 days after filing. If the tenant wins, or the case is dismissed or settled without a landlord judgment, the record stays masked. Nonpayment cases filed between March 4, 2020 and September 30, 2021 stay masked. Post-foreclosure cases under CCP 1161a become public only after a trial judgment. The parties may also agree by stipulation that the court bar access to the record. There is no separate statutory expungement procedure. Cal. Civ. Proc. Code § 1161.2(a) (as amended by AB 2304, Stats. 2024, ch. 711)	No statewide right to counsel in eviction cases. The Sargent Shriver Civil Counsel Act funds Judicial Council grant programs in selected courts that appoint counsel for low-income parties in housing and other civil matters, subject to funding. Some cities have their own right-to-counsel ordinances. Cal. Gov. Code §§ 68650-68651
Arizona	No. Arizona has no statewide ban on source-of-income discrimination. The state fair housing act protects race, color, religion, sex, familial status, and national origin (and disability under separate sections), but not source of income or voucher use. A.R.S. § 41-1491.14	Yes, but only in limited cases. The court must seal all records of an eviction case (special detainer, forcible entry and detainer, or summary eviction) when it dismisses the case before judgment or enters judgment for the tenant. It must also seal the case when the landlord and tenant file a written stipulation to set aside the eviction order and seal the file. Sealed records are available only to the tenant, parties and attorneys who appeared, the court, and the clerk. They may not be sold or released in bulk or individual transfers to third parties. Judgments for the landlord are not sealed unless both parties stipulate. A.R.S. § 33-1379 (Laws 2022, ch. 286, HB 2485)	No statewide right to counsel in eviction cases. No Arizona statute gives tenants an appointed lawyer in special detainer or forcible detainer actions. A.R.S. Title 33, Ch. 10 (§§ 33-1301 to 33-1381); A.R.S. Title 12, Ch. 8, Art. 4 (§§ 12-1171 to 12-1183) checked
Nevada	No. Nevada's fair housing statute covers race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status and sex, but not source of income or housing vouchers. NRS 118.100	Yes, automatic in some cases and by motion in others. Summary-eviction court files are sealed automatically when the case is dismissed; 10 judicial days after the court denies the eviction; or 31 days after the tenant files a contest affidavit if the landlord does not file a complaint within 30 days. Files from evictions granted during the COVID-19 emergency (Mar. 12, 2020 - May 20, 2022) were sealed automatically. The court may also seal a file on the parties' written stipulation, or on the tenant's motion if the eviction should be set aside under JCRCP 60 or sealing is in the interests of justice (considering circumstances beyond the tenant's control, other extenuating circumstances, and time elapsed). A sealed case is treated as never having occurred. Notices to surrender may not be made publicly available unless filed in an unsealed case. NRS 40.2545	No statewide statutory right to counsel in eviction cases found. NRS Ch. 40 and 118A (no counsel provision)
Oregon	Yes, statewide. Refusing to rent, setting different terms, or expelling based on source of income is prohibited; 'source of income' includes Section 8 (42 U.S.C. 1437f) and any other local, state or federal housing assistance (but not income from a specific occupation or illegal income). Landlord may still refuse based on inability to pay rent, counting the value of the housing assistance. ORS 659A.421	Yes. By motion (no filing fee): court must set aside the judgment and seal records if the tenant won or the case was dismissed; if a stipulated judgment was complied with; or if a restitution judgment's money award is satisfied and 5 years have passed (or the claims arose April 1, 2020 - March 1, 2022). Automatic: each court must annually set aside and seal FED judgments with no unpaid money award where the landlord won 5+ years ago or the defendant won/dismissal 12+ months ago. Once sealed, the judgment is deemed not entered. ORS 105.163; ORS 105.164	No statewide right to counsel in eviction cases. ORS ch. 90; ORS 105.100-105.168

City rules that may add to state law

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California Section 8, Records & Right to Counsel FAQ

Is it illegal for a landlord to refuse Section 8 vouchers in California?

Yes. Statewide, owners may not discriminate in housing because of source of income, or advertise a preference based on it. Source of income means lawful, verifiable income paid to the tenant or a representative, or paid to the landlord for the tenant. It includes federal, state, and local public assistance and housing subsidies, including Section 8 vouchers. HUD-VASH vouchers are expressly included. When there is a government rent subsidy, the owner may not apply income standards to the full rent rather than the tenant's share. Since January 1, 2024 (SB 267), the owner also may not use credit history without offering the applicant the option to show ability to pay the tenant's share with alternative evidence (such as benefit records, pay records, or bank statements), and must reasonably consider that evidence. (Cal. Gov. Code §§ 12955(a), (c), (o) (as amended by SB 267, Stats. 2023, ch. 776); 12927(i))

Can an eviction record be sealed or removed in California?

Masking is automatic and statutory. For the first 60 days after an unlawful detainer case is filed, the court file is open only to the parties and their attorneys, to anyone who gives the clerk the name of a plaintiff, the name of a defendant, and the unit address, to residents of the premises, and to anyone with a court order for good cause. After that, the record becomes public only if the landlord wins a judgment against all defendants: either within 60 days of filing, or after a trial held more than 60 days after filing. If the tenant wins, or the case is dismissed or settled without a landlord judgment, the record stays masked. Nonpayment cases filed between March 4, 2020 and September 30, 2021 stay masked. Post-foreclosure cases under CCP 1161a become public only after a trial judgment. The parties may also agree by stipulation that the court bar access to the record. There is no separate statutory expungement procedure. (Cal. Civ. Proc. Code § 1161.2(a) (as amended by AB 2304, Stats. 2024, ch. 711))

Do tenants have a right to a free lawyer in eviction cases in California?

No statewide right to counsel in eviction cases. The Sargent Shriver Civil Counsel Act funds Judicial Council grant programs in selected courts that appoint counsel for low-income parties in housing and other civil matters, subject to funding. Some cities have their own right-to-counsel ordinances. (Cal. Gov. Code §§ 68650-68651)

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.