Key Takeaways
- Sacramento has no local screening overlay — California state law governs your entire screening process, including application fee caps, source of income protections, and criminal record limitations
- Application fees are capped at actual cost — Cal. Civ. Code §1950.6 limits fees to the actual cost of screening, adjusted annually by CPI (approximately $62.02 for 2026)
- You must accept Section 8 vouchers — SB 329 (Gov. Code §12955) prohibits landlords from refusing tenants based on Housing Choice Vouchers or any lawful source of income
- Criminal history requires individualized assessment — HUD guidance and California law prohibit blanket bans on applicants with criminal records; you must evaluate each case on its own facts
- AB 1482 applies to most Sacramento rentals — The Tenant Protection Act provides just cause eviction protections and rent caps, which affect how you handle lease renewals after screening
Tenant Screening Rules in Sacramento, CA
If you need to screen tenants in Sacramento, the good news is that Sacramento landlords operate under California state law without any additional local screening ordinances. This makes the process relatively straightforward compared to cities like San Francisco or Oakland that layer local regulations on top of state requirements. But “straightforward” does not mean “simple” — California has some of the most tenant-protective screening laws in the country.
The primary statutes governing tenant screening in Sacramento are:
- Cal. Civ. Code §1950.6 — Governs application fees, requiring landlords to charge no more than actual screening costs. The cap is adjusted annually by CPI and sits at approximately $62.02 for 2026. You must provide an itemized receipt if the applicant requests one.
- Gov. Code §12955 (SB 329 / AB 1188) — Prohibits discrimination based on source of income, including Section 8 Housing Choice Vouchers, VASH vouchers, CalWORKs, SSI/SSDI, and other government assistance. You cannot advertise “No Section 8” or refuse to process a voucher application.
- Cal. Civ. Code §1940.35 — Prohibits landlords from asking about or considering immigration status or citizenship in rental decisions.
- Cal. Civ. Code §1946.2 (AB 1482) — The Tenant Protection Act provides just cause eviction requirements and rent caps (5% + CPI, max 10%) for most properties built before 2005. While this primarily governs existing tenancies, it affects how you screen because tenants who pass screening are harder to remove once in place.
Sacramento also follows the California Fair Employment and Housing Act (FEHA), which adds protected classes beyond federal Fair Housing law, including sexual orientation, gender identity, marital status, and source of income. The Department of Fair Employment and Housing (now the Civil Rights Department) enforces these protections at the state level.
Application Fee Rules
Under Cal. Civ. Code §1950.6, you may charge applicants a fee to cover the actual cost of obtaining a credit report, criminal background check, and eviction history. The fee cannot exceed the actual cost, and if you don’t run all three reports, you must refund the unused portion. If you have already accepted someone for the unit, you cannot accept fees from additional applicants unless you notify them that a screening is already underway.
Key requirements:
- You must provide the applicant with a copy of the screening report if they request it
- If you use a screening service, you must disclose the name of that service
- You must provide an itemized receipt of actual screening costs upon request
- Accepting an application fee without running the screening or without a valid reason is considered a deceptive practice
AB 2559: Tenant-Provided Screening Reports
Effective January 1, 2025, AB 2559 allows tenants to provide their own screening reports that are less than 30 days old. If a tenant provides a qualifying report from a consumer reporting agency, you must accept it and cannot charge an additional application fee for the same screening. You may still verify the information independently, but you cannot require the tenant to pay for a duplicate report.
FCRA Compliance
The Fair Credit Reporting Act (15 U.S.C. §1681 et seq.) applies to every landlord in Sacramento regardless of portfolio size. If you use a consumer reporting agency to obtain credit reports, criminal background checks, or eviction histories, you are bound by FCRA requirements.
Before You Run a Report
- Obtain written consent. The applicant must authorize you in writing to pull their credit report, criminal history, and eviction records. Without this authorization, pulling a report is a federal violation under 15 U.S.C. §1681b(a)(2).
- Disclose your intent. You must inform the applicant that a consumer report may be used in your rental decision.
- Have a permissible purpose. Evaluating a rental application is a permissible purpose under the FCRA, but only if you have a legitimate, current application.
Adverse Action Requirements
If you deny an applicant based in whole or in part on information in a consumer report, you must send an adverse action notice under 15 U.S.C. §1681m. This notice must include:
- The specific reason(s) for denial (e.g., “credit score of 580 below our minimum threshold of 620”)
- The name, address, and phone number of the consumer reporting agency that provided the report
- A statement that the reporting agency did not make the adverse decision and cannot explain why you denied the application
- Notice of the applicant’s right to obtain a free copy of the report within 60 days
- Notice of the applicant’s right to dispute inaccurate or incomplete information
Send this notice within a reasonable time — most housing attorneys in Sacramento recommend within 3 business days of your decision. Retain a copy for at least 3 years.
What Sacramento Landlords Can and Cannot Screen For
Criminal History
California imposes specific restrictions on how criminal records factor into screening decisions:
- No blanket bans. A policy that says “no criminal history” violates Fair Housing law because of its disparate impact on protected classes. HUD’s 2016 guidance on criminal records requires individualized assessment.
- Arrests without convictions cannot be used. Under California Labor Code §432.7 principles extended to housing, and consistent with HUD guidance, you cannot deny housing based on an arrest that did not result in a conviction.
- Individualized assessment is mandatory. For each applicant with a conviction, evaluate: the nature and gravity of the offense, the time that has elapsed since the conviction, and whether the conviction bears a direct relationship to the tenancy.
- No lookback limit in state law, but using convictions from 15+ years ago without a direct safety nexus is increasingly challenged in enforcement actions.
Sacramento does not have a local “Fair Chance Housing” ordinance like San Francisco or Oakland, so there is no requirement to delay criminal background checks until after a conditional offer. However, adopting that practice voluntarily reduces your legal exposure.
Source of Income
Under SB 329 and AB 1188, you cannot discriminate against applicants based on their source of income. This includes:
- Housing Choice Vouchers (Section 8)
- Veterans Affairs Supportive Housing (VASH) vouchers
- CalWORKs benefits
- Social Security Income (SSI) and Social Security Disability Insurance (SSDI)
- Child support, alimony, and spousal support
- Any other verifiable, lawful source of income
You may still apply your income-to-rent ratio requirement (typically 3x monthly rent), but you must include the voucher value as part of the applicant’s income. For example, if rent is $2,000/month and a Section 8 voucher covers $1,400, the tenant’s share is $600 — and you evaluate whether their income covers that $600, not the full $2,000.
Credit History
Sacramento landlords can use credit reports in screening decisions, but with these constraints:
- A credit score alone is not sufficient grounds for denial without examining the full report in context
- Medical debt collections are less predictive of rent default and should carry less weight
- Thin credit files (common among younger renters, immigrants, and recently divorced applicants) should not be treated the same as bad credit — consider alternative evidence of financial responsibility
- You must follow FCRA adverse action procedures if credit information is a factor in your denial
Setting Your Screening Criteria
Before you list a unit, write down your screening standards and apply them identically to every applicant. Inconsistent application of criteria is the most common source of discrimination complaints in Sacramento. Here is a practical framework:
Step 1: Define Your Standards
| Criteria | Recommended Threshold | Sacramento Notes |
|---|---|---|
| Income | 3x monthly rent (gross) | Include voucher amount as income for SOI applicants |
| Credit score | 620+ (flexible) | Review full report; don’t rely on score alone |
| Rental history | 2+ years, no evictions | Call previous landlord, not just current |
| Criminal history | Individualized assessment | No local Fair Chance ordinance, but HUD rules apply |
| Employment | Currently employed or verifiable income | Self-employed: 2 years tax returns |
Step 2: Collect a Complete Application
Your rental application should include: full legal name, date of birth, SSN (for credit and background checks), current and previous addresses (2+ years), current and previous landlord contact information, employer name and income details, number of occupants, pet information, and signed authorization to run screening reports.
Step 3: Run All Three Core Reports
Run credit, criminal, and eviction checks on every applicant. Skipping a report for one applicant but running it for another creates a disparate treatment claim. Budget $30–$45 per applicant for all three reports.
Step 4: Verify Income and References
Reports are only part of the picture. Call the previous landlord (not just the current one — a current landlord with a problem tenant may give a glowing reference to get rid of them). Verify income with recent pay stubs, bank statements, or tax returns.
Step 5: Document Your Decision
Whether you approve or deny, write down the specific criteria that drove your decision. If you deny, send a formal adverse action notice per FCRA requirements. Keep all documentation for at least 3 years (some attorneys recommend 5 years in California).
Screen tenants in Sacramento with built-in compliance checks. LeaseBase automates application collection, credit/criminal/eviction reports, source of income verification, and adverse action notices — all aligned with California state law. Start your free trial.
Related Sacramento Screening Resources
- Sacramento tenant screening laws — full local ordinance breakdown
- Denial checker tool — verify your denial complies with FCRA and California law
- How to screen tenants in Oakland, CA — compare Bay Area screening rules
- How to screen tenants in San Francisco, CA — SF’s stricter Fair Chance requirements
- How to screen tenants in Stockton, CA — nearby Central Valley comparison
Bottom Line
Sacramento landlords benefit from a relatively clean regulatory environment — no local screening overlays, just California state law and federal requirements. The biggest compliance risks are source of income discrimination (refusing Section 8), overcharging application fees, and using criminal records without individualized assessment. Write your criteria before you list, apply them consistently, and document every decision — that is what keeps you out of trouble when you screen tenants in Sacramento.
