The Fair Housing Act makes it illegal for landlords, property managers, and housing providers to discriminate against you based on race, color, national origin, religion, sex, familial status, or disability.
The law applies to almost all housing — rental apartments, houses, condos, mobile homes, and even some single-family homes sold or rented through an agent. It covers the entire rental or sale process: advertising, showing the property, setting terms, pricing, and eviction. If a landlord or agent treats you differently because of who you are rather than your actual qualifications as a tenant, that is a violation you can report and challenge.
The Fair Housing Act is federal law, which means it applies everywhere in the United States. However, many states and cities have added their own protections on top of it — covering additional categories like sexual orientation, gender identity, marital status, or source of income. Your state or local rules may protect you in situations where federal law does not, so it matters where you live.
Key Takeaways
- Federal law prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, or disability — and many states add protections for sexual orientation, gender identity, and other categories.
- Discrimination can happen through refusal to rent, higher prices, different lease terms, refusing to make disability accommodations, or steering you toward or away from certain neighborhoods.
- You can file a complaint with the U.S. Department of Housing and Urban Development (HUD) within one year of the discrimination, or with your state or local fair housing agency, often with longer important date.
- Complaints are investigated at no cost to you, and you do not need a lawyer to file, though legal help is available through fair housing organizations.
- If HUD finds discrimination, the landlord may be ordered to pay damages, rent you the property, or stop the discriminatory practice — and you may recover attorney fees.
What Counts as Housing Discrimination
Discrimination is not always obvious. A landlord does not have to say "I won't rent to you because of your race." It can happen through actions that have a discriminatory effect, even if the landlord claims a neutral reason. For example, refusing to rent to families with children, charging a higher security deposit based on national origin, or requiring a credit score that is applied differently to different groups can all violate the law.
Common forms of discrimination include: refusing to show you a property or scheduling viewings at different times than other applicants; quoting different rent prices or deposit amounts for similar units; offering different lease terms or amenities; refusing to accept Section 8 vouchers or other lawful income sources; steering you toward or away from certain neighborhoods based on race or ethnicity; refusing to make reasonable accommodations for a disability (such as allowing a service animal or modifying a unit); and retaliating against you for complaining about discrimination.
Discrimination in advertising also violates the law. If an ad says "no families," "no immigrants," or uses coded language like "quiet neighborhood" or "family-oriented building" to discourage certain groups, that is illegal. The same applies to photos or descriptions that suggest the property is only for certain types of people.
Protected Classes Under Federal Law
Race and color: Landlords cannot discriminate based on your race or skin color, or based on the race or color of people you associate with.
National origin: This covers discrimination based on country of origin, accent, language, or ethnic appearance. A landlord cannot refuse to rent to you because you are an immigrant, speak English as a second language, or come from a particular country.
Religion: Landlords cannot refuse to rent based on your religious beliefs or practices, or require you to hide religious items or symbols in common areas.
Sex: This includes discrimination based on gender, pregnancy, sexual harassment, and gender identity in many jurisdictions. A landlord cannot refuse to rent to you because you are pregnant, refuse to rent to single mothers, or harass you based on your sex.
Familial status: Landlords cannot refuse to rent to families with children or charge higher rent and deposits for families. They also cannot restrict children to certain units or impose stricter rules on families than on other tenants.
Disability: This is one of the broadest protections. Landlords must make reasonable accommodations for disabilities — such as allowing a service animal, permitting modifications to the unit, or adjusting policies. They cannot refuse to rent based on disability, ask invasive questions about your medical condition, or charge extra fees for disability-related accommodations.
State and Local Protections Beyond Federal Law
Many states and cities protect additional categories. Sexual orientation and gender identity are protected in most states and many cities. Some jurisdictions also protect based on marital status, familial status (defined more broadly), source of income (including Section 8 vouchers), criminal history, military status, or political affiliation.
Source of income is particularly important: some states and cities have made it illegal for landlords to refuse tenants straightforward because they use Section 8 vouchers, housing subsidies, or other lawful income sources. If your state or city has this protection and a landlord refuses you because of your voucher, that is a violation of state or local law even if federal law does not cover it.
Check your state housing authority website or your city's fair housing office to learn what additional protections explore where you live. The rules vary significantly, and knowing them can make a difference in whether you have a legal claim.
How to File a Complaint with HUD
If you believe you have experienced housing discrimination, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD). You have up to one year from the date of the discrimination to file, though some state and local agencies have longer important date.
You can file online at hud.gov/fairhousing, by phone at 1-800-669-9777 (TTY 1-833-578-5541), by mail to your regional HUD office, or in person. You do not need a lawyer, and there is no cost. When you file, you will need to describe what happened, when it happened, who was involved, and what you believe was discriminatory about their actions. You do not need to prove discrimination — HUD will investigate.
HUD will send a copy of your complaint to the landlord or housing provider, who then has ten days to respond. HUD's Office of Fair Housing and Equal Opportunity will investigate, usually within 30 days, though complex cases can take longer. If HUD finds reasonable cause to believe discrimination occurred, it will try to reach a settlement. If that fails, the case can go to a hearing before an administrative judge or to federal court.
Filing with Your State or Local Fair Housing Agency
Many states and cities have their own fair housing agencies that handle discrimination complaints. These agencies often have longer filing important date than HUD — sometimes two or three years — and may offer additional protections under state or local law. You can file with both HUD and your state agency, and they often work together.
To find your state or local agency, search "[your state] fair housing agency" or "[your city] human rights commission." Your state housing authority website usually has a link. These agencies investigate the same way HUD does, and the outcomes are similar: they can order the landlord to rent to you, pay damages, stop the discrimination, and cover your attorney fees if you hire a lawyer.
Filing with a local agency first can sometimes be faster, especially if the agency is well-staffed. However, if you are in a hurry, you can file with both simultaneously — there is no penalty for doing so.
What Happens After You File and What You Might Recover
After you file, HUD or your state agency will investigate at no cost to you. The investigation typically includes interviews with you, the landlord, and any witnesses; review of documents like lease agreements, emails, and rental applications; and comparison of how the landlord treated you versus other applicants.
If the agency finds that discrimination occurred, the landlord can be ordered to: rent you the property (if you still want it); pay you actual damages (such as the difference between what you paid elsewhere and what the discriminatory rent would have been); pay punitive damages (extra money meant to punish the violation); pay your attorney fees and court costs if you hired a lawyer; and comply with fair housing law going forward. In some cases, the agency can also impose civil penalties on the landlord.
If you cannot reach a settlement and the case goes to a hearing or court, you may recover additional damages. However, most cases settle before that point. Even if you do not get the specific apartment, you may receive money damages that help offset the harm.
Getting Legal Help and Support
You do not need a lawyer to file a complaint with HUD or your state agency. However, legal help is available and can strengthen your case, especially if the landlord hires a lawyer or if your case is complex.
Fair housing organizations in your area often provide free or low-cost legal information. The National Fair Housing Alliance (nationalfairhousing.org) can help you find local organizations. Legal aid societies, law school clinics, and some private attorneys also take fair housing cases, sometimes on contingency (meaning you pay only if you win).
If you file a complaint and the agency finds discrimination, you can then hire a lawyer to represent you in settlement negotiations or at a hearing. If you win, the landlord typically pays your attorney fees, so the cost to you may be minimal.
Frequently Asked Questions
Can a landlord refuse to rent to me because I have a criminal record?
Federal law does not prohibit this, but some states and cities do. Many jurisdictions now ban blanket policies that automatically reject anyone with a criminal history; instead, landlords must consider the nature of the crime, how long ago it occurred, and whether it relates to being a tenant. Check your state or local rules to see what applies where you live.
Is it discrimination if a landlord asks about my immigration status?
Asking about immigration status can be discrimination based on national origin if it is used to screen out certain groups. However, landlords can verify that you are legally allowed to work in the U.S. if they do so consistently for all applicants. If a landlord asks only you about immigration status and not others, that may be discrimination.
What if a landlord says they won't rent to me because of my credit score?
Using credit scores is generally legal, but only if the landlord applies the same standard to everyone. If the landlord uses a lower credit score threshold for some applicants than others based on race, national origin, or another protected class, that is discrimination. If you believe the credit check was applied unfairly to you, you can file a complaint.
Can I file a complaint if I am still living in the apartment?
Yes. You do not have to move out or lose your housing to file. However, filing may create tension with your landlord. Some states have anti-retaliation laws that make it illegal for a landlord to evict you, raise your rent, or reduce services because you filed a fair housing complaint. Check your state law to see what protections explore.
How long does a fair housing investigation take?
HUD aims to complete investigations within 30 days, but complex cases can take several months. State and local agencies vary — some move faster, others slower. You can check the status of your complaint by contacting the agency handling it. If you need housing urgently, you may want to pursue other options (like legal aid or small claims court) while the investigation proceeds.