Costa Mesa, a vibrant city in the heart of Orange County, California, is known for its bustling community, cultural diversity, and proximity to some of the state’s most iconic beaches. However, like many cities in California, Costa Mesa faces significant housing challenges, including affordability, availability, and equity. To address these issues, the city operates under a framework of fair housing laws designed to ensure equal access to housing for all residents, regardless of race, disability, familial status, or other protected characteristics. Whether you’re a tenant, landlord, or prospective homeowner, understanding Costa Mesa’s fair housing laws is essential for navigating the local housing landscape. In this blog post, we’ll dive deep into the key aspects of these laws, their implications, and how they shape housing in Costa Mesa as of April 2025.
The Foundation: Federal and State Fair Housing Laws
At its core, Costa Mesa’s fair housing policies are built upon federal and state regulations. The Federal Fair Housing Act (FHA), enacted in 1968 and amended in 1988, prohibits discrimination in housing based on race, color, religion, sex, national origin, familial status, and disability. This landmark legislation applies nationwide, including to Costa Mesa, and sets the minimum standard for housing equity.
California takes it a step further with the California Fair Employment and Housing Act (FEHA), which expands protections to include additional categories such as sexual orientation, gender identity, ancestry, source of income, and marital status. These laws apply to all housing transactions in Costa Mesa—whether renting, buying, or financing—and are enforced at both the state and local levels.
The U.S. Department of Housing and Urban Development (HUD) plays a significant role in overseeing fair housing compliance, requiring cities like Costa Mesa that receive Community Development Block Grant (CDBG) funds to “affirmatively further fair housing.” This means the city must actively work to eliminate housing discrimination, promote fair housing choices, and foster inclusive communities.
Costa Mesa’s Local Commitment to Fair Housing
Costa Mesa contracts with the Fair Housing Foundation (FHF) of Long Beach to provide fair housing services to its residents. Funded through CDBG grants, the FHF operates a phone-in service (available at 800-446-3247 or 562-989-1206) that offers practical guidance to landlords and tenants alike. Services include counseling, mediation, and assistance with issues like habitability complaints, unlawful detainer cases, and discrimination disputes. This partnership reflects Costa Mesa’s commitment to ensuring its residents have access to resources that uphold their housing rights.
The city’s Economic and Development Services Department oversees housing and community development initiatives, including fair housing efforts. As part of its obligations under HUD, Costa Mesa must analyze impediments to fair housing and implement strategies to overcome them. This might involve public education campaigns, landlord workshops, or targeted support for vulnerable populations.
Key Protections Under Costa Mesa’s Fair Housing Framework
Protected Classes
In Costa Mesa, you cannot be denied housing or treated differently based on:
- Race, color, or national origin
- Religion or sex (including gender identity and sexual orientation under California law)
- Disability (physical or mental)
- Familial status (e.g., having children under 18 or being pregnant)
- Ancestry, marital status, or source of income (e.g., using Section 8 vouchers)
These protections apply to all housing providers, including private landlords, property management companies, and real estate agents.
Prohibited Practices
Fair housing laws in Costa Mesa prohibit a range of discriminatory actions, such as:
- Refusing to rent or sell housing to someone based on a protected characteristic
- Setting different terms, conditions, or privileges for housing (e.g., higher rent or deposits)
- Providing unequal services or facilities
- Falsely claiming a unit is unavailable
- Steering individuals toward or away from certain neighborhoods
- Retaliating against someone for filing a fair housing complaint
For individuals with disabilities, landlords must also provide reasonable accommodations (e.g., allowing a service animal despite a no-pet policy) and reasonable modifications (e.g., installing a ramp, though the tenant may bear the cost).
The Sober Living Home Debate: A Local Fair Housing Flashpoint
One of the most notable fair housing issues in Costa Mesa has been the regulation of sober living homes—group homes for individuals recovering from drug or alcohol addiction. These residents are considered disabled under the FHA and FEHA, meaning they’re protected from housing discrimination. However, tensions have arisen between the city’s zoning policies and operators of these homes.
In 2023, the Ninth Circuit Court of Appeals ruled in SoCal Recovery, LLC v. City of Costa Mesa that sober living home operators don’t need to prove each resident’s disability on an individual basis. Instead, evidence like admissions criteria, house rules, and testimony can collectively demonstrate that the home serves people with disabilities. This decision overturned a lower court ruling in favor of Costa Mesa, which had argued that its zoning ordinances—requiring permits and minimum distances between facilities—were lawful.
The city appealed to the U.S. Supreme Court, but the Court declined to hear the case in late 2023, leaving the Ninth Circuit’s ruling intact. As of April 2025, this means Costa Mesa must balance its desire to regulate group homes with the fair housing rights of recovering individuals. The city’s 650-foot separation requirement for certain group homes remains a point of contention, with federal agencies like HUD and the Department of Justice arguing that such density restrictions may violate the FHA.
Affordable Housing and Inclusionary Zoning
Costa Mesa’s fair housing efforts also intersect with its push for affordable housing. In August 2024, the City Council approved an Affordable Housing Ordinance, requiring new residential developments to include a percentage of affordable units or pay an in-lieu fee. This inclusionary zoning policy aims to address the city’s housing crisis, where nearly half of households earn a lower income, and 29% qualify as very low- or extremely low-income.
The ordinance is part of Costa Mesa’s 2021-2029 Housing Element, a state-mandated plan to accommodate 11,760 new residential units by 2029. By integrating affordable housing into new projects, the city seeks to prevent displacement and ensure equitable access—key tenets of fair housing. However, developers have raised concerns about feasibility, arguing that strict requirements could deter construction in an already challenging market.
Tenant Protections and Eviction Laws
Fair housing in Costa Mesa extends beyond access to housing—it also encompasses tenant rights once housed. In November 2023, the City Council passed an urgency ordinance to protect tenants from no-fault evictions, where tenants are displaced due to property sales, renovations, or landlord family move-ins. Key provisions include:
- A 60-day eviction notice (exceeding the state’s 30-day minimum)
- One month of fair market rent as relocation assistance
- A requirement for landlords to notify the city within three days of issuing an eviction notice
This ordinance builds on California’s Senate Bill 567 (effective April 2024), which tightened rules on no-fault evictions statewide. In Costa Mesa, where 60% of residents rent and eviction rates rank high in Orange County, these measures aim to prevent homelessness and stabilize communities—aligning with fair housing goals of equity and inclusion.
Practical Implications for Residents and Landlords
For Tenants
- Know Your Rights: If you suspect discrimination, contact the Fair Housing Foundation or file a complaint with HUD or the California Department of Fair Employment and Housing (DFEH).
- Document Everything: Keep records of lease agreements, communications with landlords, and any incidents that might indicate unfair treatment.
- Seek Support: The FHF offers free counseling and mediation—don’t hesitate to reach out.
For Landlords
- Educate Yourself: Attend FHF workshops (like those held at venues such as the Balearic Community Center) to understand your responsibilities under fair housing laws.
- Review Policies: Ensure your screening processes, lease terms, and property rules comply with anti-discrimination standards.
- Stay Updated: Local ordinances, like the Affordable Housing Ordinance, evolve—keep abreast of changes to avoid legal pitfalls.
Challenges and the Road Ahead
Despite its robust framework, Costa Mesa’s fair housing landscape faces challenges. The tension between growth control (e.g., Measure Y, passed in 2016 to give residents a say in large-scale developments) and state housing mandates highlights a broader struggle. Critics argue that restrictive policies stifle housing supply, exacerbating affordability issues and indirectly undermining fair housing goals. Meanwhile, the city’s efforts to regulate sober living homes illustrate the delicate balance between community standards and federal protections.
Looking to 2025 and beyond, Costa Mesa must continue integrating fair housing with its broader housing strategy—whether through zoning reforms, tenant protections, or public education. As the city grows, ensuring that all residents have equitable access to safe, affordable housing will remain a defining challenge.
Conclusion
Understanding Costa Mesa’s fair housing laws means recognizing their roots in federal and state mandates, their local adaptations, and their real-world impact. From protecting tenants against discrimination to fostering affordable housing, these laws shape a city striving for inclusivity amid complex housing pressures. Whether you’re renting an apartment, managing a property, or advocating for change, staying informed empowers you to navigate—and contribute to—Costa Mesa’s evolving housing story.
Have questions about your rights or responsibilities? Reach out to the Fair Housing Foundation at 800-446-3247 or explore Costa Mesa’s housing resources online. Together, we can build a community where everyone has a fair shot at calling this city home.
