Housing Discrimination: Your Rights Under the Fair Housing Act

Housing discrimination continues to affect millions of Americans who are denied the opportunity to rent, buy, or secure financing for a home based on their race, religion, disability, family status, or other protected characteristics. The Fair Housing Act, originally passed in 1968 and strengthened over the decades, provides broad protections against discrimination in virtually all housing-related transactions. This guide explains what housing discrimination looks like, your rights under the law, and how to file a complaint with the U.S. Department of Housing and Urban Development (HUD).

Protected Classes Under the Fair Housing Act

The federal Fair Housing Act prohibits discrimination in housing based on seven protected classes:

• Race — Discrimination based on race or perceived race, including racial steering (directing people to certain neighborhoods based on race).
• Color — Discrimination based on skin color, which can occur within the same racial group.
• National Origin — Discrimination based on country of origin, ancestry, ethnicity, or accent. This includes denying housing to someone because they are not a U.S. citizen, unless required by law.
• Religion — Discrimination based on religious beliefs or practices, including refusing to rent to someone of a particular faith or imposing different terms.
• Sex — Discrimination based on sex, gender identity, and sexual orientation (as affirmed by HUD's Equal Access Rule and recent court interpretations).
• Familial Status — Discrimination against families with children under 18, pregnant women, or people in the process of adopting. Exceptions exist for qualified senior housing communities.
• Disability — Discrimination against people with physical or mental disabilities. Landlords must allow reasonable modifications and provide reasonable accommodations.

Many state and local fair housing laws protect additional categories, such as source of income (like housing vouchers), marital status, sexual orientation, gender identity, military status, age, and criminal history. Check your state and local laws for broader protections.

What Does Housing Discrimination Look Like?

Housing discrimination is not always obvious. It can be subtle and take many forms:

• Refusing to rent or sell — Telling you a unit is not available when it is, or refusing to process your application.
• Different terms and conditions — Charging higher rent, requiring larger security deposits, or imposing stricter lease terms based on a protected characteristic.
• Steering — Directing prospective tenants or buyers to or away from certain neighborhoods based on race, national origin, or other protected characteristics.
• Discriminatory advertising — Listings that express a preference or limitation based on a protected class (for example, "perfect for young professionals" or "no children").
• Refusing reasonable accommodations — Denying a disabled tenant's request for a service animal, accessible parking, or modifications to the unit.
• Harassment — Sexual harassment by a landlord, property manager, or maintenance worker. Racial or other discriminatory harassment that creates a hostile housing environment.
• Retaliation — Punishing a tenant for filing a fair housing complaint, such as raising rent, refusing to renew a lease, or filing an eviction.
• Discriminatory lending — Banks or lenders offering less favorable loan terms, higher interest rates, or denying mortgages based on race, national origin, or neighborhood demographics (redlining).

Disability Rights in Housing

The Fair Housing Act provides particularly strong protections for people with disabilities:

• Reasonable accommodations — Landlords must make exceptions to rules, policies, or practices when necessary to give a disabled person equal access to housing. Examples include allowing an emotional support animal despite a "no pets" policy, providing a reserved accessible parking space, or allowing a tenant to transfer to a ground-floor unit.
• Reasonable modifications — Tenants with disabilities have the right to make physical modifications to their unit or common areas at their own expense (such as installing grab bars, widening doorways, or adding a ramp). The landlord must approve the modification if it is reasonable.
• Design and construction requirements — Multifamily buildings with four or more units built after March 1991 must meet specific accessibility standards, including accessible common areas, wider doorways, and accessible routes into and through units.

How to File a Fair Housing Complaint with HUD

If you believe you have experienced housing discrimination, you can file a complaint with HUD at no cost. Here is the process:

1. Deadline: You must file your complaint within one year of the last date of the alleged discrimination.
2. How to file:
   • Online at hud.gov/program_offices/fair_housing_equal_opp/online-complaint
   • By phone at 1-800-669-9777 (TTY: 1-800-927-9275)
   • By mail to the nearest HUD regional office
   • In person at a HUD office
3. Investigation: HUD will investigate your complaint within 100 days. During the investigation, HUD may interview witnesses, review documents, and inspect the property.
4. Conciliation: HUD will attempt to resolve the complaint through conciliation (a voluntary agreement between the parties).
5. Determination: If conciliation fails, HUD will issue a determination. If they find reasonable cause, the case proceeds to an administrative hearing before a HUD Administrative Law Judge, or either party can elect to have the case heard in federal court.

You can also file a complaint with your state or local fair housing agency, which may have additional protections and faster processing times.

Filing a Private Lawsuit

In addition to or instead of filing with HUD, you can file a private lawsuit in federal or state court. Key considerations:

• Statute of limitations: Two years from the date of the discriminatory act for federal Fair Housing Act claims.
• Damages available: Compensatory damages (emotional distress, out-of-pocket costs), punitive damages, injunctive relief (requiring the defendant to take or stop certain actions), and attorney fees.
• No cap on damages: Unlike Title VII employment discrimination claims, there are no caps on compensatory or punitive damages under the Fair Housing Act.
• Legal representation: Many fair housing organizations and civil rights attorneys handle these cases on a contingency fee basis or pro bono.

Testing and Evidence Gathering

Fair housing organizations often conduct "testing" to gather evidence of discrimination. Testing involves sending paired individuals (testers) who are similar in all respects except the protected characteristic to inquire about housing. If the tester from the protected class receives less favorable treatment, this is strong evidence of discrimination.

If you suspect discrimination, contact a local fair housing organization to see if they can conduct testing. The results can be used as evidence in your complaint or lawsuit.

Source-of-Income Discrimination

While not yet protected at the federal level, a growing number of states and localities prohibit landlords from refusing to rent to tenants who pay with housing choice vouchers (Section 8) or other forms of government assistance. If your state or city has source-of-income protections, a landlord's refusal to accept your voucher is illegal. Check with your local fair housing organization to determine what protections apply in your area.

Protecting Yourself

• Document all communications with landlords, including emails, texts, voicemails, and notes from phone conversations.
• Keep copies of your rental application, the listing, and any correspondence.
• If you are denied housing, ask for the reason in writing.
• Take notes on what was said during in-person interactions, including dates, times, and any witnesses.
• Contact a local fair housing organization for testing, assistance, and free legal representation.

Fair housing is a fundamental right. Everyone deserves equal access to housing regardless of who they are. If you suspect discrimination, report it — your complaint may prevent the same thing from happening to others.