What the Fair Housing Act actually prohibits
The Fair Housing Act is a federal law that makes it illegal for landlords, property managers, real estate agents, and lenders to discriminate against you based on race, color, national origin, religion, sex, familial status, or disability. It applies whether you are renting an apartment, buying a house, or seeking a mortgage. The law covers almost all housing — single-family homes, apartments, condos, mobile homes — with narrow exceptions for owner-occupied buildings with four or fewer units and some religious organizations.
Discrimination can be direct (a landlord saying "we don't rent to families with children") or indirect (a policy that sounds neutral but has a discriminatory effect, like requiring a minimum income that is set so high it screens out a protected group). The law also prohibits retaliation: a landlord cannot evict you, raise your rent, or reduce services because you complained about discrimination or asserted your rights under the Fair Housing Act.
What the law does not cover: discrimination based on sexual orientation or gender identity in most states (though some states and cities have added these protections separately), criminal history, credit score, or source of income like housing vouchers. These gaps mean that even though federal law protects you in some situations, state and local laws may offer broader or narrower protection depending on where you live.
Key Takeaways
- The Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability in rental and purchase transactions.
- Discrimination includes both explicit refusals and policies that have a discriminatory effect, such as rules that screen out a protected group without a legitimate business reason.
- You can file a complaint with the Department of Housing and Urban Development (HUD) within one year of the alleged violation, and HUD will investigate at no cost to you.
- State and local laws often provide protections beyond the federal Fair Housing Act, including coverage for sexual orientation, gender identity, and source of income.
- Retaliation for asserting your fair housing rights — such as eviction or rent increases after you complain — is itself illegal.
How discrimination works in practice: examples that matter
A landlord cannot refuse to rent to you because you have a child, are pregnant, or plan to have children. This is familial status discrimination. However, a landlord can enforce a legitimate occupancy standard — typically one person per bedroom plus one — so a two-bedroom apartment can legally house a family of three but not a family of six.
A lender cannot charge you a higher interest rate or require a larger down payment based on your race or national origin, even if they claim it is based on credit risk. If a policy has a disparate impact — meaning it applies equally to everyone but harms one protected group more than others — the lender must show it serves a legitimate business need that cannot be met another way. For example, a blanket policy denying mortgages to anyone with a bankruptcy is likely illegal if it screens out a disproportionate number of people of color, unless the lender can prove the policy is necessary.
A landlord cannot refuse to rent to someone with a disability or charge them more rent. They must also allow reasonable modifications to the unit (like installing grab bars in a bathroom) and make reasonable accommodations in rules or services (like allowing a service animal even if the building has a no-pets policy). The disability does not have to be visible or documented with a medical certificate; the person's own statement that they have a disability and need the accommodation is usually enough to start the conversation.
A property manager cannot steer you toward or away from certain neighborhoods based on your race or family status. Steering — subtly directing people to different buildings or areas based on protected characteristics — is illegal even when it is not explicit.
What happens when you file a complaint with HUD
If you believe you have been discriminated against, you can file a complaint with the Department of Housing and Urban Development (HUD) within one year of the alleged violation. You do not need a lawyer, and there is no cost. You can file online at hud.gov, by mail, or by calling HUD's housing discrimination hotline at 1-800-669-9777.
When you file, HUD will assign an investigator who will contact both you and the person or organization you are complaining about. The investigator will gather evidence — emails, lease terms, rental applications, communications with other applicants — and interview witnesses. This process typically takes 30 to 120 days, though it can take longer if the case is complex.
If HUD finds reasonable cause to believe discrimination occurred, the case moves to conciliation, where HUD tries to negotiate a settlement. If conciliation fails, HUD can issue a charge and refer the case to the Department of Justice or an administrative law judge. You can also file a private lawsuit in federal court instead of going through HUD, and you have two years from the violation to do so.
Possible outcomes include the respondent paying you damages for harm (lost housing, emotional distress, costs of finding alternative housing), paying a civil penalty to the government, and agreeing to change their policies or practices. HUD cannot force a landlord to rent to you, but they can order them to stop the discriminatory practice and compensate you for what you lost.
Disability discrimination and reasonable accommodations
Disability discrimination in housing is one of the most common violations. A landlord cannot refuse to rent to someone because of a disability, cannot charge more rent or a higher security deposit, and cannot impose rules that single out people with disabilities. They also cannot ask for medical documentation before you move in, though they can ask for it later if they have a legitimate reason to verify the disability.
A reasonable accommodation is a change to a rule, policy, practice, or service that allows someone with a disability to use and enjoy housing equally. Common examples include allowing a service animal (which is not a pet and is not subject to pet fees or breed restrictions), allowing a tenant to install grab bars or a ramp, permitting a caregiver to visit at any hour, or allowing a tenant to pay rent by a different method if they have a cognitive disability that makes the standard method difficult.
To request an accommodation, you do not need to use any magic words or formal process. You can write an email, make a phone call, or speak in person. You should be clear that you have a disability and explain what you need. If a landlord denies your request, they must explain why — and the reason must be legitimate, not just inconvenient. If you believe the denial is discriminatory, you can file a complaint with HUD.
How state and local laws expand or limit your protection
Many states and cities have added protections beyond the federal Fair Housing Act. Some of the most common additions are sexual orientation and gender identity, which are not covered federally but are protected in about 25 states and many cities. Source of income — meaning whether you pay with a voucher, subsidy, or your own money — is protected in some states and cities but not others. Criminal history is protected in a few jurisdictions, meaning a landlord cannot automatically deny housing based on a conviction.
Some states have stricter rules about what landlords can charge for security deposits or how quickly they must return them. Others require landlords to provide more notice before entering a unit or before raising rent. A few states prohibit "no-cause" evictions, meaning a landlord must have a legal reason to evict you beyond straightforward not wanting to renew your lease.
The easiest way to learn what protections explore where you live is to contact your state's attorney general office or your city or county housing authority. They can tell you which laws explore and what to do if you believe you have been discriminated against. Some states and cities also have their own fair housing agencies that investigate complaints, sometimes faster than HUD.
What to do if you think you have been discriminated against
Document everything. If a landlord or agent tells you a unit is not available and then you see it rented to someone else, save the listing. If you are told a policy applies to you but not to others, write down what you were told and when. If you have emails or text messages, keep them. If you have witnesses, note their names and what they heard or saw.
Write down the date, time, location, and what happened. Include the names and titles of anyone involved. If you are explore for housing, keep copies of your process, any communications with the landlord or agent, and the lease or rejection letter. This record will be important if you file a complaint.
You can file a complaint with HUD, your state's fair housing agency, or both. You can also consult with a fair housing organization in your area — many offer free information and can help you file a complaint. Some will also represent you in a private lawsuit if you choose to sue. To find a fair housing organization near you, search "fair housing" plus your city or state name, or call HUD's hotline at 1-800-669-9777 and ask for a referral.
Discrimination in lending and mortgages
The Fair Housing Act applies to mortgage lenders, banks, and anyone else involved in the lending process. A lender cannot charge you a higher interest rate, require a larger down payment, deny you a loan, or impose different terms based on your race, color, national origin, religion, sex, familial status, or disability. They also cannot use a policy or practice that has a disparate impact — even if it is applied equally to everyone.
Lenders must also comply with the Equal Credit Opportunity Act, which prohibits discrimination in credit decisions. This means they cannot ask about your marital status (except in community property states), cannot ask about your plans to have children, and cannot discount income from certain sources (like alimony or child support) based on the gender of the person receiving it.
If you believe a lender has discriminated against you, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) at consumerfinance.gov, with HUD, or with your state's attorney general. You can also file a private lawsuit. Damages in lending discrimination cases can be substantial because they include not just the difference in what you paid but also emotional distress and punitive damages.
Frequently Asked Questions
Can a landlord refuse to rent to me because I have a criminal record?
Federal law does not protect people with criminal records, so a landlord can consider your history. However, some states and cities do protect people with convictions, and even where they do not, a blanket policy refusing anyone with any record may be illegal if it has a disparate impact on a protected group. Ask your local housing authority whether your state or city has protections for people with criminal history.
What if my landlord says they will not rent to me because I use a housing voucher?
Source of income is not protected under federal law, but it is protected in about 20 states and many cities. Check your state and local laws. If you are protected and the landlord refuses based on your voucher, you can file a complaint with your state or local fair housing agency. If you are not protected, you may have limited recourse under fair housing law alone.
Can a landlord ask me about my disability before I move in?
A landlord cannot ask about your disability or require medical documentation before you move in. They can ask after you move in if they have a legitimate reason to verify a disability-related request, such as confirming that an animal is a service animal. You do not have to disclose your disability unless you are requesting an accommodation.
How long do I have to file a complaint with HUD?
You have one year from the date of the alleged violation to file a complaint with HUD. If you file a private lawsuit instead, you have two years. After that, you lose the right to pursue the claim under the Fair Housing Act, so it is important to act within the time limit.
What if I am buying a house and the seller refuses to sell to me because of my race?
The Fair Housing Act applies to home sales as well as rentals. If a seller or their agent refuses to show you a property, negotiate with you, or accept your offer based on your race or another protected characteristic, that is illegal. You can file a complaint with HUD or sue in federal court. You can also file a complaint with your state's attorney general or fair housing agency.