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The Fair Housing Act is a federal law that prohibits discrimination in housing based on protected characteristics. It applies to nearly all housing transactions, including buying, selling, renting, and financing. The law was enacted as part of the Civil Rights Act of 1968 and has been expanded to include additional protected classes.

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Protected Classes

The Fair Housing Act prohibits discrimination based on:
  • Race
  • Color
  • National origin
  • Religion
  • Sex (includes sexual orientation and gender identity as of 2021)
  • Familial status (families with children under 18, pregnant women)
  • Disability (physical or mental)
Many states and localities add additional protected classes, such as age, marital status, source of income, military status, or student status. Check state and local fair housing laws for additional protections.

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Who Must Comply

Fair Housing applies to nearly everyone involved in housing transactions:
  • Sellers and landlords
  • Real estate agents and brokers
  • Property managers
  • Mortgage lenders and brokers
  • Homeowners insurance companies
  • HOAs and condo associations
  • Appraisers
  • Advertising platforms
Limited exemptions:
  • Owner-occupied buildings with 4 or fewer units
  • Single-family homes sold by owner without an agent (owner owns 3 or fewer homes)
  • Religious organizations and private clubs (for their own members)
Even exempt parties cannot advertise in discriminatory ways.

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Prohibited Practices

Cannot refuse to sell, rent, or negotiate based on protected class. Includes:
  • Claiming property is unavailable when it’s not
  • Setting different terms, conditions, or privileges
  • Providing different services or facilities
  • Denying access to property showings
Cannot vary terms based on protected class, including:
  • Different rent or purchase prices
  • Different security deposit requirements
  • Different lease terms
  • Different application requirements
  • Different maintenance or repair services
Cannot advertise in ways that indicate preference or limitation based on protected class. Includes:
  • “No children” or “adults only”
  • “Christian community” or religious preferences
  • “English speakers only”
  • Descriptions suggesting preference (“perfect for young professionals”)
Applies to all advertising: online listings, signs, print ads, social media.
Cannot direct buyers or renters toward or away from neighborhoods based on protected class. Includes:
  • Showing homes only in certain neighborhoods
  • Discouraging interest in particular areas
  • Providing different information about neighborhoods
  • Making assumptions about where someone “would be comfortable”
Cannot induce sales by suggesting neighborhood demographics are changing. Includes:
  • Warning property values will decline due to incoming protected class members
  • Encouraging panic selling
  • Making representations about neighborhood composition to influence decisions
Cannot discriminate in mortgage lending. Includes:
  • Denying loans based on protected class
  • Offering different rates or terms
  • Redlining (refusing to lend in certain areas)
  • Requiring different documentation or qualifications
  • Discouraging applications
Cannot provide biased property valuations. Includes:
  • Undervaluing properties in minority neighborhoods
  • Adjusting values based on neighborhood demographics
  • Using discriminatory comparables

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Disability Protections

The Fair Housing Act includes specific protections for people with disabilities. Reasonable accommodations: Landlords and HOAs must make reasonable exceptions to rules, policies, or practices when necessary for a person with a disability to use and enjoy housing. Examples:
  • Allowing service or emotional support animals despite “no pets” policies
  • Providing reserved parking for mobility-impaired residents
  • Allowing live-in aides
  • Flexible payment arrangements if disability affects income timing
Reasonable modifications: Tenants with disabilities can make reasonable physical modifications to units and common areas at their own expense. Examples:
  • Installing grab bars in bathrooms
  • Widening doorways
  • Installing ramps
  • Lowering countertops
Landlords can require modifications be removed and original condition restored when the tenant moves out, where reasonable. Accessibility requirements: Buildings with 4+ units built after March 1991 must meet accessibility standards:
  • Accessible routes into and through units
  • Accessible light switches, outlets, and thermostats
  • Reinforced bathroom walls for grab bar installation
  • Accessible kitchens and bathrooms

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Familial Status Protections

Families with children under 18 are protected from discrimination. Prohibited practices:
  • Refusing to rent to families with children
  • Restricting children to certain units or floors
  • Charging higher deposits or rent for families
  • Imposing rules that disproportionately affect families
  • “Adults only” policies (with limited exceptions)
Housing for older persons exemption: Properties can exclude families with children if they qualify as housing for older persons:
  • 62+ housing: All residents must be 62 or older
  • 55+ housing: At least 80% of units have one resident 55+, and property publishes and follows policies demonstrating intent to be 55+ housing

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Recognizing Discrimination

Discrimination isn’t always obvious. Warning signs include: During property search:
  • Agent only shows properties in certain neighborhoods
  • Told property is “unavailable” but it remains listed
  • Treated differently than other prospective buyers/renters
  • Discouraged from certain areas for vague reasons
During application process:
  • Different requirements than others
  • Excessive documentation requests
  • Unusual delays
  • Questions about protected characteristics
During lending:
  • Different rates or terms than advertised
  • Discouraged from applying
  • Steered to different loan products
  • Denied without clear explanation
During tenancy:
  • Different enforcement of rules
  • Slower maintenance response
  • Harassment or hostility
  • Pressure to move

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Filing Complaints

Department of Housing and Urban Development (HUD) Primary enforcement agency for Fair Housing violations. Website: hud.gov/fairhousing Phone: 1-800-669-9777 Timeline: File within 1 year of the discriminatory act. Process:
  1. File complaint with HUD or local fair housing agency
  2. HUD investigates (100 days typical)
  3. If reasonable cause found, HUD files charge
  4. Case heard by administrative law judge or federal court
  5. Remedies may include damages, injunctive relief, civil penalties
State and local agencies: Many states have fair housing agencies that can also investigate complaints. Some have additional protections beyond federal law. Individuals can file lawsuits in federal or state court without first filing a HUD complaint. Timeline: File within 2 years of the discriminatory act. Potential remedies:
  • Actual damages (out-of-pocket costs, emotional distress)
  • Injunctive relief (requiring action or stopping prohibited conduct)
  • Punitive damages
  • Attorney fees and costs

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Testing for Discrimination

Fair housing organizations conduct “testing” to identify discrimination. Testers pose as prospective buyers or renters and document different treatment. Testing results can be used as evidence in complaints and lawsuits. If you suspect discrimination, contact a local fair housing organization about testing.
Document everything. Keep copies of:
  • Communications with agents, landlords, or lenders
  • Listings and advertisements
  • Application materials and responses
  • Notes about conversations (dates, times, what was said)
Documentation is essential for proving discrimination complaints.

Next: Required Disclosures

Property and environmental disclosures sellers must provide

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