Fair Housing Act
The Fair Housing Act is the federal law that makes it illegal for landlords, sellers, and lenders to discriminate against you based on who you are — and it covers more situations than most people realize.
The Seven Protected Classes
The federal Fair Housing Act protects against discrimination based on race, color, national origin, religion, sex (including gender identity and sexual orientation as of 2021), familial status (having children under 18), and disability. A landlord can’t refuse to rent to you, charge you more, or offer different terms because you belong to any of these groups.
Many states and cities add more protected classes. Source of income (Section 8 vouchers), age, marital status, military status, and immigration status are protected in various local jurisdictions. California’s Fair Employment and Housing Act adds over a dozen additional protections.
What Discrimination Looks Like
Obvious discrimination — “we don’t rent to families with kids” — is rare because landlords know it’s illegal. Subtle discrimination is far more common. Telling a family the apartment is taken when it’s not. Quoting a higher rent or deposit to applicants of a certain race. Requiring a higher credit score for tenants with Section 8 vouchers. Refusing to allow disability-related modifications.
Steering is another form — a real estate agent showing Black buyers only homes in predominantly Black neighborhoods, or telling a Hispanic family that a certain school district “probably isn’t the right fit.” It’s illegal, and it still happens.
Disability Protections Are Broad
Landlords must allow reasonable modifications at the tenant’s expense (wheelchair ramps, grab bars, wider doorways). They must also make reasonable accommodations to rules — like waiving a no-pets policy for a service animal or emotional support animal. They can’t ask what your disability is, only whether you need an accommodation and how it relates to your disability.
Familial Status Protections
Landlords can’t refuse families with children, limit them to certain units or floors, or charge extra fees for kids. The only exception is designated senior housing (55+ communities with at least 80% of units occupied by someone 55 or older). Occupancy limits are allowed — two people per bedroom is the general HUD guideline — but they must apply equally to all tenants.
Filing a Complaint
If you believe you’ve experienced housing discrimination, file a complaint with HUD within one year of the incident. You can file online, by phone (800-669-9777), or by mail. HUD investigates at no cost to you. If they find evidence of discrimination, the case goes to an administrative hearing or federal court.
You can also file a lawsuit directly in federal or state court within two years. Damages can include actual losses, emotional distress, and punitive damages. Attorneys’ fees are recoverable, so lawyers often take these cases on contingency.
The tenant guide has more on recognizing discrimination during your apartment search, and the rent vs. buy comparison covers fair housing protections that apply to both renters and buyers.