The Fair Housing Act

Who is protected

The Fair Housing Act prohibits discrimination in housing because of:

• Race or color
• National origin
• Religion
• Sex
• Familial status, including children under 18 living with parents or legal custodians, pregnant women, and people securing custody of children under 18
• Disability

The U.S. Department of Housing and Urban Development (HUD) enforces the Act.

What housing is covered

The Fair Housing Act covers most housing. In some circumstances, it exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without a broker, and housing operated by organizations and private clubs that limit occupancy to members.

What is prohibited

In renting and selling housing

No one may take any of these actions based on a protected characteristic:

• Refuse to rent or sell housing
• Refuse to negotiate for housing
• Make housing unavailable
• Deny a dwelling
• Set different terms, conditions or privileges for the sale or rental of a dwelling
• Provide different housing services or facilities
• Falsely deny that housing is available for inspection, sale or rental
• For profit, persuade owners to sell or rent (blockbusting)
• Deny anyone access to or membership in a facility or service, such as a multiple listing service, related to the sale or rental of housing

In mortgage lending

No one may take any of these actions based on a protected characteristic:

• Refuse to make a mortgage loan
• Refuse to provide information about loans
• Impose different terms or conditions on a loan
• Discriminate in appraising property
• Refuse to purchase a loan, or set different terms or conditions for purchasing a loan

It is also illegal to

• Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or helping others exercise that right
• Advertise or make any statement that indicates a limitation or preference based on a protected characteristic. This applies even to single-family and owner-occupied housing that is otherwise exempt from the Act.

Additional protections for people with disabilities

If you or someone associated with you has a physical or mental disability that substantially limits one or more major life activities, has a record of such a disability, or is regarded as having one, your landlord may not:

• Refuse to let you make reasonable modifications to your home or common areas, at your expense, if needed for the person with a disability to use the housing. Where reasonable, the landlord may require you to restore the property to its original condition when you move.
• Refuse to make reasonable accommodations in rules, policies, practices or services if needed for the person with a disability to use the housing.

Example: A building with a “no pets” policy must allow a tenant who is blind to keep a guide dog.

Example: An apartment complex that offers tenants ample, unassigned parking must honor a request from a tenant with a mobility impairment for a reserved space near their apartment if it’s needed for access.

Housing does not have to be made available to a person who is a direct threat to the health or safety of others or who currently uses illegal drugs.

Requirements for newer buildings

In buildings ready for first occupancy after March 13, 1991, that have an elevator and four or more units:

• Public and common areas must be accessible to people with disabilities
• Doors and hallways must be wide enough for wheelchairs
• All units must have an accessible route into and through the unit; accessible light switches, outlets, thermostats and other controls; reinforced bathroom walls for later installation of grab bars; and kitchens and bathrooms usable by people in wheelchairs

If a building with four or more units has no elevator and was ready for first occupancy after March 13, 1991, these standards apply to ground-floor units. They do not replace any stricter state or local standards.

Housing opportunities for families

Unless a building or community qualifies as housing for older persons, it may not discriminate based on familial status. That means it may not discriminate against families with one or more children under 18 living with a parent, a person with legal custody, or someone designated in writing by the parent or legal custodian. Familial status protection also applies to pregnant women and anyone securing legal custody of a child under 18.

Housing for older persons is exempt from the familial status rules if it is specifically designed for and occupied by elderly persons under a federal, state or local government program; if it is occupied solely by people 62 or older; or if at least 80 percent of occupied units house at least one person 55 or older and the community follows policies that show an intent to house people 55 or older.

If you think your rights were violated

You can report housing discrimination to HUD online at hud.gov/reporthousingdiscrimination or by calling 1-800-669-9777. HUD accepts calls from people who are deaf or hard of hearing through relay services. There are time limits for filing, so report as soon as possible. A complaint to HUD generally must be filed within one year of the alleged violation.

What to tell HUD

• Your name and address
• The name and address of the person or company your complaint is against
• The address or other identification of the housing involved
• A short description of what happened
• The date or dates of the alleged violation

What happens after you file

HUD will notify you when it receives your complaint. Normally, HUD will also notify the person your complaint is against and allow them to respond, investigate whether there is reasonable cause to believe the Act was violated, and let you know if it cannot complete the investigation within 100 days.

Conciliation. HUD will try to reach an agreement with the other party. A conciliation agreement must protect both you and the public interest. If an agreement is signed, HUD takes no further action unless it has reasonable cause to believe the agreement was breached, in which case it will recommend that the Attorney General file suit.

Referral. If your state or local agency has the same fair housing powers as HUD, HUD may refer your complaint to that agency and notify you of the referral.

Urgent help. If you need immediate help to stop a serious problem caused by a Fair Housing Act violation, HUD may authorize the Attorney General to seek temporary relief in court while your complaint is investigated.

Hearing or federal court. If HUD finds reasonable cause to believe discrimination occurred, your case can be heard by an Administrative Law Judge, with HUD attorneys representing you at no cost, or either side can choose federal district court, where the Attorney General files suit on your behalf. Remedies can include actual damages, housing being made available to you, civil penalties, and attorney’s fees and costs. Courts can also award punitive damages.

Your own lawsuit. You may also file your own suit, at your expense, in federal or state court within two years of an alleged violation.

This page is a general summary of the federal Fair Housing Act, not legal advice. For full details, see HUD’s fair housing resources.