Federal law forbids landlords from refusing to rent, setting different terms, or treating tenants differently based on race, color, national origin, religion, sex, familial status, or disability
The Fair Housing Act, passed in 1968 and expanded since, makes it illegal for landlords to discriminate in housing based on these seven protected classes. A landlord cannot refuse to rent to you, charge you more, require a larger deposit, evict you, or provide worse maintenance because of who you are in these categories. The law applies whether the landlord owns one property or hundreds, and whether they manage it themselves or hire a company to do it.
Discrimination does not have to be obvious. A landlord does not have to say "I won't rent to Black applicants." The law also covers disparate impact — a policy that looks neutral but systematically harms one group more than another. For example, a blanket rule that anyone with any criminal record cannot rent may be illegal if it disproportionately excludes people of color, even if the rule itself does not mention race.
State and local laws often go further than federal law. Some states and cities add protections for sexual orientation, gender identity, marital status, source of income, or other categories. A few jurisdictions also protect against discrimination based on political affiliation or immigration status. You need to know what your state and city actually protect, because a landlord may break local law even if they comply with federal law.
Key Takeaways
- Federal law prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability; state and local laws often protect additional categories.
- Discrimination includes refusing to rent, charging more, requiring larger deposits, providing worse service, or treating tenants differently — not just outright refusals.
- You can file a complaint with the Department of Housing and Urban Development (HUD) within one year of the alleged discrimination, or with your state or local housing authority if one exists.
- Damages in discrimination cases can include back rent, compensatory damages for emotional harm, punitive damages, and attorney fees — not just a refund of your application fee.
What counts as housing discrimination in practice
Discrimination takes many forms beyond a flat "no." A landlord who asks you more invasive questions than other applicants — about your immigration status, your religion, your family plans, or your medical conditions — may be discriminating. A landlord who requires a cosigner from only some applicants, or who sets different credit score thresholds for different groups, can be breaking the law even if the policy is written down.
Steering is another form: a landlord or agent who shows certain properties only to certain races, or who discourages applicants from particular groups from applying to certain units, is discriminating. So is a landlord who accepts an application from one person but "loses" it from another, or who takes weeks to respond to one inquiry and days to another.
Harassment after you move in also counts. A landlord who makes racial slurs, makes unwanted sexual advances, mocks your religion, or retaliates against you for complaining about discrimination is breaking the law. So is a landlord who provides maintenance to some tenants quickly and to others slowly based on protected characteristics.
How to document and report discrimination
If you believe a landlord has discriminated against you, write down what happened as soon as possible: the date, time, what was said or done, who was present, and any witnesses. Keep copies of all written communication — emails, texts, letters, application forms. If the landlord said something in person, follow up with an email: "As we discussed on [date], you said [what they said]. I want to confirm I understood correctly." This creates a written record.
You can file a complaint with the U.S. Department of Housing and Urban Development (HUD) within one year of the discrimination. You do not need a lawyer to file. Go to hud.gov, find your regional HUD office, and submit a complaint form. HUD will investigate at no cost to you. If HUD finds reasonable cause to believe discrimination occurred, they can order the landlord to pay you damages and stop the behavior.
Many states and cities have their own fair housing agencies that move faster than HUD. Contact your state attorney general's office or your city's housing department to find out whether a local agency handles discrimination complaints. Some process cases in months rather than years. You can file with both HUD and a local agency at the same time.
You also have the right to sue the landlord in court. You can do this on your own or with a lawyer. If you win, the court can order the landlord to pay your actual damages (such as the difference between what you paid and what similar housing costs), compensatory damages for emotional distress, punitive damages to punish the landlord, and your attorney fees.
What landlords can legally consider when screening tenants
A landlord can refuse to rent to you for reasons that have nothing to do with protected classes. They can check your credit score, income, rental history, and criminal background — as long as they apply the same standards to everyone. They can require that your income be at least three times the monthly rent. They can reject you if you have evictions on your record, as long as they reject everyone with evictions, not just people of a certain race or religion.
A landlord can also consider whether you have pets, whether you smoke, whether you have too many people for the unit size, and whether you can afford the rent. They can ask about your employment and contact your employer. They can require references from previous landlords. None of this is discrimination — it is ordinary tenant screening.
The line is crossed when a landlord applies these rules differently to different people. If a landlord accepts an applicant with a criminal record who is white but rejects an applicant with a criminal record who is Black, that is discrimination. If a landlord requires proof of income from some applicants but not others based on their appearance or accent, that is discrimination. If a landlord accepts a family with children in one unit but tells another family with children that the building is "not suitable for families," that is discrimination based on familial status.
Disability discrimination and reasonable accommodations
Disability discrimination in housing works differently from other forms because landlords must sometimes change their rules or policies to accommodate a tenant's disability. If you have a disability and need a reasonable accommodation — such as a service animal, a modified lease term, or a modification to the unit — the landlord must provide it unless it causes undue financial or administrative burden.
A landlord cannot refuse to rent to you because you have a disability, cannot charge you more, and cannot require a larger deposit. They also cannot ask you to disclose your disability during screening. However, if you need an accommodation, you will need to tell the landlord what you need and provide documentation from a healthcare provider. A landlord can ask for proof that the accommodation is related to your disability and necessary for you to use the housing.
Service animals and emotional support animals are treated differently under the law. A landlord must allow a service animal (a dog or miniature horse trained to perform tasks for a person with a disability) even in a no-pets building. An emotional support animal requires documentation but does not need to be trained to perform specific tasks. A landlord can ask for a letter from a healthcare provider confirming that the animal is necessary for your mental health or disability.
State and local laws that go beyond federal protection
Many states and cities protect categories that federal law does not. Sexual orientation and gender identity are protected in about 30 states and most major cities. Some states protect source of income — meaning a landlord cannot refuse to rent to you because you receive housing vouchers, welfare, or other government benefits. A few states protect political affiliation or immigration status.
California, New York, Illinois, and Massachusetts have particularly strong fair housing laws. California prohibits discrimination based on sexual orientation, gender identity, marital status, and source of income. New York adds source of income and familial status protections that are stricter than federal law. If you live in one of these states or a major city, check your state attorney general's website or your city housing department for the full list of protected categories.
If state or local law protects a category that federal law does not, you can file a complaint with the state or local agency. The timeline and process may be different from HUD. Some state agencies move faster; others are slower. It is worth checking both what protections exist and how long complaints typically take in your area.
What to do if you are denied housing or treated unfairly
If a landlord denies your application, ask for the reason in writing. A landlord does not have to give you a reason, but if they do, you have a record. If the reason seems pretextual — for example, "your income is too low" when you earn three times the rent, or "we have no vacancies" when you saw the unit advertised — that can be evidence of discrimination.
If you believe discrimination occurred, gather your evidence: the application, any communications, the landlord's stated reason for denial, and information about other applicants who were accepted under similar or worse circumstances. If you know someone else who applied and was treated differently, that is powerful evidence.
Before filing a formal complaint, you can try to resolve it informally. Send the landlord a letter explaining what happened and what you believe was discriminatory. Keep a copy. Some landlords will negotiate rather than face a complaint. But do not delay — you have only one year to file with HUD, and some state agencies have shorter deadlines.
Frequently Asked Questions
Can a landlord ask about my immigration status or national origin?
A landlord cannot discriminate based on national origin, which includes accent, citizenship status, or immigration status. They can verify that you are legally allowed to work in the United States if they do so for all applicants, but they cannot single out applicants based on appearance or accent. If a landlord asks only some applicants about immigration status, that is discrimination.
What if a landlord says they won't rent to families with children?
That is illegal discrimination based on familial status. The only exception is housing reserved for seniors (age 55 or older). A landlord cannot refuse to rent to you because you have children, cannot charge you more, and cannot require a larger deposit. If a landlord tells you a building is "not suitable for families," that is evidence of discrimination.
Can a landlord reject me because of my criminal record?
A landlord can consider criminal history, but they must apply the same standard to everyone. They cannot reject all applicants with records but accept some with records based on race or other protected characteristics. Some states and cities also limit how far back a landlord can look or require them to consider the nature and age of the offense. Check your state's rules on criminal history screening.
What happens if I file a complaint with HUD?
HUD will investigate your complaint at no cost. If they find reasonable cause to believe discrimination occurred, they can order the landlord to pay you damages, provide the housing, and stop the discriminatory behavior. If you disagree with HUD's decision, you can request a hearing before an administrative judge. The process typically takes several months to over a year.
Can I sue my landlord for discrimination without filing a complaint first?
Yes. You do not have to file with HUD or a state agency before suing in court. However, filing a complaint first can help you gather evidence and may result in a faster resolution. You have two years to sue in federal court under the Fair Housing Act, or longer under some state laws. A lawyer can help you decide which route is best for your situation.