Basic Rights for Undocumented Tenants in San Francisco (2025)

In San Francisco, undocumented tenants are protected by a robust framework of laws and regulations that ensure their rights — regardless of immigration status.

As we enter a new administration, fears of action against undocumented households are growing.

But FEAR NOT! This guide outlines the fundamental protections available to all tenants, including specific safeguards for households with undocumented individuals.

Immigration Status Inquiries and Discrimination

One of the most fundamental protections for undocumented tenants is the prohibition against immigration status inquiries. Under the Immigrant Tenants Protection Act, landlords are legally barred from asking about a tenant's immigration or citizenship status during the application process or at any point during tenancy. 

The California Fair Employment and Housing Act (FEHA) reinforces these protections by explicitly prohibiting discrimination based on immigration status, citizenship, and primary language (as well as gender, religion, sexual orientation, and physical/mental health conditions).

Eviction and Reporting Protections

The Immigrant Tenant Protection Act (AB 291) also provides crucial safeguards against discriminatory eviction practices [3]. Under this legislation…

  • Landlords CANNOT evict tenants based on their immigration status

  • Landlords CANNOT threaten to report tenants to immigration authorities

  • Landlords CANNOT disclose tenant immigration status to anyone, including govt. agencies

Housing Rights and Habitability

ALL tenants, regardless of their immigration status, are entitled to basic housing rights protected by law. These include the right to safe and habitable living conditions [7]:

A dwelling must be free from hazards like mold, lead, and pest infestations while having fully functional basic systems including plumbing, electrical, heating, and sewage, along with intact structural elements and proper security features. 

A rental unit must also maintain effective waterproofing and weatherproofing, provide adequate waste disposal facilities, and ensure all doors, windows, and mailboxes have working locks for tenant safety and security.

Even if undocumented, the failure to maintain these standards can lead to fines and other penalties.

Anti-Discrimination and Equal Treatment

San Francisco's laws mandate equal treatment for tenants from ALL backgrounds, regardless of documentation or income source (Section 8 Vouchers included). Landlords must:

  • Charge the same prices and require the same documentation for ALL applicants, regardless of national origin or immigration status .

  • Comply with local ordinances which explicitly prohibit discrimination based on immigration or citizenship status.

Protection Against Retaliation

California law provides strong protections for tenants against retaliatory acts by their landlords.

Specifically:

  • Landlords cannot retaliate against tenants who exercise their legal rights

  • Tenants have the right to pursue legal action against landlords who report them to immigration authorities

  • California Civil Code also protects tenants from landlords using immigration status as leverage for coercion, eviction, or rent increases

Legal Framework

These protections are upheld through multiple legal mechanisms, including:

Understanding these rights is crucial for both tenants and landlords. These protections ensure that all residents, regardless of immigration status, have access to safe and fair housing in San Francisco.

If you believe your rights as a tenant have been violated in san francisco, contact our housing case counselors here, or visit one of the resources below for support with immigration & tenants’ rights.

Tenant Resources

San Francisco Tenants Union: Provides counseling services and tenant rights information

Housing Rights Committee: Offers free counseling for all types of housing including rent-control, SROs, public housing and Section 8.

Eviction Defense Collaborative: Primary organization for eviction defense in San Francisco 


Legal Assistance

SF Rent Board: Handles rent control issues and illegal rent increases

La Raza Community Resource Center: Provides food, housing, and legal support free of charge

Asian Law Caucus: Offers free legal support for AAPI households

Department of Building Inspection: To report habitability and repair issues in your rental unit





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