Housing and Other Real Estate Transactions
San Diego Municipal Code § 52.9604
in effect§52.9604 Housing and Other Real Estate Transactions
(a) Unlawful Real Estate Practices.
(1) Transaction Generally. It shall be an unlawful real estate practice for any person to interrupt, terminate, or fail or refuse to initiate or conduct any transaction in real property, including but not limited to the rental thereof; to require different terms for such transaction; to include in the terms or conditions of a transaction in real property any clause, condition or restriction; or to falsely represent that an interest in real property is not available for transaction on the basis (in whole or in part) of any individual’s sexual orientation or gender identity.
(2) Credit. It shall be an unlawful real estate practice for any person to refuse to lend money, guarantee the loan, accept a deed of trust or mortgage, or otherwise refuse to make available funds for the purchase, acquisition, construction, alteration, rehabilitation, repair or maintenance of real property; or impose different conditions on such financing; on the basis (in whole or in part) of any individual’s sexual orientation or gender identity.
(3) Tenants’ Services. It shall be an unlawful real estate practice for any person to refuse or restrict facilities, services, repairs or improvement for any tenant or lessee on the basis (in whole or in part) of any individual’s sexual orientation or gender identity.
(4) Advertising. It shall be an unlawful real estate practice for any person to make, print, publish, advertise or disseminate in any way, any notice, statement or advertisement with respect to a transaction or proposed transaction in real property, or with respect to financing related to any such transaction, which unlawfully indicates or attempts to indicate any unlawful preference, limitation or discrimination.
(b) Subterfuge.
It shall be unlawful to do any of the actions mentioned in this Section for any reason that would not have been asserted wholly or partially, but for the sexual orientation or gender identity of any individual.
(c) Exceptions.
(1) Owner–Occupied and Small Dwellings. Nothing in this Section shall be construed to apply to the rental or leasing of any housing unit in which the owner or lessor or any member of his or her family occupies one of the living units and either (a) it is necessary for the owner or lessor to use either a bathroom or kitchen facility in common with the prospective tenant; or (b) the structure contains fewer than three dwelling units.
(2) Effect on Other Laws. Nothing in this Division shall be deemed to permit rental or occupancy of any dwelling unit or commercial space otherwise prohibited by law.
(Amended 7-28-2003 by O-19203 N.S.)
(Editors note added to title 4–16–1990.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter05/Ch05Art02Division96.pdf#page=4Fetched: 10/28/2026